TITLE in-addition

Texas Department on Aging

Public Policy Roundtables

Purpose. Through a series of roundtable discussions, the Texas Department on Aging seeks to gather and provide accurate and objective information that will enable to legislators, policy makers, community leaders and professionals in the private sector to set clear and effective aging policies for our state.

Premise. The Texas population is becoming older and more diverse, which has important implications for the future of Texas in areas such as housing, public health, the economy, and the labor market.

Partners. Texas Health and Human Services Commission, Texas Workforce Commission, Texas Department of Health, Texas Department of Housing and Community Affairs, Texas Silver Haired Legislature, and the Texas Senior Advocacy Coalition.

Desired Outcome. To create a policy agenda in the areas of workforce, healthy aging, and housing that addresses the:

* aging of the Texas population

* health, security and productivity of all Texas citizens

* ethnic and geographic diversity of Texas

* the impact on family caregivers

* What must be done now, by whom, and how, in order to have sound policies in place over the next three decades. Will it require:

* New or changed legislation?

* Administrative policy change or reform?

* Education?

* Outreach?

* Research?

* Resources (including people and time, as well as money)?

Event Format. The roundtable discussion is designed to obtain specific feedback regarding the issues of workforce, healthy aging, and housing that emerged from the state level forum in Austin earlier this year. A panel consisting of experts and leaders in these areas will be on hand to facilitate the dialogue. A summary of the issues and recommendations discussed at the February forum can be found at http://www.tdoa.state.tx.us/4rumDocs.htm.

A series of four regional roundtable discussions are being held around the state (North, West, East, South) using a similar format to obtain different geographic and ethnic perspectives. The regional schedule is as follows:

July 27, 9:00a.m.- 12:00p.m., Texas Tech Auditorium, 800 W. 4th Street Odessa, Texas

August 3, 1:00p.m.- 4:00p.m., First Baptist Church, 300 S. Center Street Arlington, Texas

August 20, 9:30a.m.- 12:30p.m., First Baptist Church, 501 E Van Buren Harlingen, Texas

August 27, 1:00p.m.- 4:00p.m., Open Gates at UTMB, 2419 Broadway Galveston, Texas

Next Steps. On November, 5 2001, a second state level policy forum will be held featuring key legislators and CEOs from state government and the private sector in the areas of workforce, health and housing. They will be asked to comment on and react to the Agenda as it has developed throughout the state.

Please note, persons with disabilities who wish to attend the roundtable and require auxiliary aids or services should contact Holly Riley at (512) 424-6879 or by e-mail: holly.riley@tdoa.state.tx.us, a week prior to the event so that appropriate arrangements can be made.

TRD-200103954

Gary Jessee

Aging Network Policy Coordinator

Texas Department on Aging

Filed: July 10, 2001

Office of the Attorney General

Texas Water Code Enforcement Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under Texas Water Code § 7.110. Before the State may settle a judicial enforcement action under Chapter 26 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Case Title and Court: Fort Bend County, Texas & State of Texas v. Niranjan S. "Nick" Patel, and John D. Gray, and Wife Jan Gray, Cause no. 111298, in the 268th Judicial District Court of Fort Bend County, Texas

Nature of Defendant's Operations: Defendants are owners of the land and two mobile home parks located at 3411 5th Street, Stafford, Fort Bend County, Texas. Plaintiff Fort Bend County's petition alleges that sewage has been discharged from the mobile home parks into the surrounding environment resulting in a public health nuisance and violation of state water quality laws.

Proposed Agreed Judgment: The Agreed Final Judgment calls for Defendants to pay a civil penalty of $15,000, to be divided evenly between Fort Bend County and the State of Texas, and attorneys fees of $8,000 to Fort Bend County and $2,000 to the State. The Judgment also enters a Permanent Injunction which requires Defendants to maintain a temporary sewer hookup during completion of a wastewater plant to serve the mobile home parks. The injunction requires that Defendants complete construction of a permanent wastewater treatment facility within 180 days after project approval by Fort Bend County.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Burgess Jackson, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-200103979

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: July 11, 2001

Texas Bond Review Board

Biweekly Report of the 2001 Private Activity Bond Allocation Program

The information that follows is a report of the 2001 Private Activity Bond Allocation Program for the period of June 23, 2001 through July 6, 2001.

Total amount of state ceiling remaining unreserved for the $325,809,688 subceiling for qualified mortgage bonds under the Act as of July 6, 2001: $134,920,444.50

Total amount of state ceiling remaining unreserved for the $143,356,262 subceiling for state-voted issue bonds under the Act as of July 6, 2001: $143,356,262

Total amount of state ceiling remaining unreserved for the $97,742,906 subceiling for qualified small issue bonds under the Act as of July 6, 2001: $88,242,906

Total amount of state ceiling remaining unreserved for the $215,034,394 subceiling for residential rental project bonds under the Act as of July 6, 2001: $1,050,394

Total amount of state ceiling remaining unreserved for the $136,840,069 subceiling for student loans bonds under the Act as of July 6, 2001: $69

Total amount of state ceiling remaining unreserved for the $384,455,431 subceiling for all other issue bonds under the Act as of July 6, 2001: $250,431

Total amount of the $1,303,238,750 state ceiling remaining unreserved under the Act as of July 6, 2001: $368,220,506.50

Following is a comprehensive listing of applications, which have received a Certificate of Reservation pursuant to the Act from June 23, 2001 through July 6, 2001: None.

Following is a comprehensive listing of applications, which have issued and delivered the bonds and received a Certificate of Allocation pursuant to the Act from June 23, 2001 through July 6, 2001:

Issuer: Middle Rio Grande HFC

User: Eligible Borrowers

Description: Single Family Mortgage Revenue Bonds

Amount: $10,454,000

For a more comprehensive and up-to-date summary of the 2001 Private Activity Bond Allocation Program, please visit the website (www.brb.state.tx.us). If you have any questions or comments, please contact Steve Alvarez, Program Administrator, at (512) 475-4803 or via email at alvarez@brb.state.tx.us.

TRD-200103870

Steve Alvarez

Program Administrator

Texas Bond Review Board

Filed: July 6, 2001

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 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 project(s) during the period of June 29, 2001, through July 5, 2001. The public comment period for these projects will close at 5:00 p.m. on August 6, 2001.

FEDERAL AGENCY ACTIONS:

Applicant: City of Port Lavaca; Location: The project is located on Lavaca Bay in the Harbor of Refuge, Port Lavaca, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Port Lavaca East, Texas. Approximate UTM Coordinates: Zone 14; Easting: 732900; Northing: 3165300. CCC Project No.: 01-0243-F1; Description of Proposed Action: The applicant's proposed work includes construction of approximately 5,565 feet of steel bulkhead, hydraulic dredging of approximately 50,500 cubic yards of material, and placement of the dredged material within a proposed upland, confined, 1000-foot long by 600-foot wide placement area. Six 13-pile mooring clusters, which were previously authorized but not constructed, are not needed and would be removed from the permit. The applicant proposes to create wetlands within the revised, proposed 5-acre compensatory mitigation site on a 1:1 ratio in a phased manner as each portion of the funded work is undertaken. The purpose of the proposed work is to provide a commercial docking facility and a safe harbor for vessels during inclement weather. Type of Application: U.S.A.C.E. permit application #13821(06)-Revised is being evaluated 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).

Applicant: Western Towing Company; Location: The project is located on the Neches River, east of Port Arthur, approximately 2 miles upstream from the Texas State Highway 87 bridge over the river in Orange County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Port Arthur, Texas. CCC Project No.: 01-0245-F1; Description of Proposed Action: The applicant proposes to modify the authorized project to construct a barge mooring facility with buoys located approximately 20 feet from the shoreline. The proposed modification is to relocate the mooring facility northwest into the natural bend of the Neches River. The southern portion of the project area will be located north of the sunken barge located within the river. The number of mooring buoys and the project dimensions will remain the same. The mooring facility will be manned and possible oil spills will be handled in accordance with the company approved Oil Spill Prevention and Response Plan already on file with the Texas General Land Office. Type of Application: U.S.A.C.E. permit application #22212(01) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Port of Galveston; Location: The project is located at the Texas Cruise Ship Terminal on the Galveston Ship Channel in Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Galveston, Texas. Approximate UTM Coordinates: Zone 15; Easting: 326497; Northing: 3241385. CCC Project No.: 01-0246-F1; Description of Proposed Action: The applicant proposes to amend Department of the Army Permit 09703(10) to construct a 10-foot-long by 10-foot-wide mooring platform and a 35-foot long by 9-foot wide service platform. Type of Application: U.S.A.C.E. permit application #09703(11) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Dept. of Transportation, U.S. Coast Guard; Locations: Morgans Point Approach Inner Range Front Light: The new structure will be located in 8 feet of water approximately 800 yards north-northwest of the northernmost point of Atkinson Island in Galveston Bay. Morgans Point Approach Inner Range Rear Light: The new structure will be located on land, on the north side of the westbound lanes of state highway 99 just west of Goose Creek in the town of Baytown. Morgans Point Approach Outer Range Front Light: The new structure will be located in 12.5 feet of water approximately 2000 yards east-southeast of Red Bluff in Galveston Bay. Morgans Point Approach Outer Range Rear Light; The new structure will be located in 9 feet of water approximately 1300 yards southeast of Red Bluff in Galveston Bay. CCC Project No.: 01-0241-F2; Description of Proposed Activity: Construction of navigational aid structures. Morgans Point Approach Inner Range Front Light: The proposed project calls for the construction of a single caisson pile. It will be outfitted with a small boat landing. The caisson will have a deck mounted on the top to house the lighting and power equipment. The battery bank and miscellaneous electrical panels will be contained within an equipment shelter located on the deck. Construction barges will be required. The caisson pile will be driven into the sea floor with a power hammer. Field welding and some field painting of the structure will be required during the installation process. Morgans Point Approach Inner Range Rear Light: The proposed project calls for the construction of a monopole with a platform deck bolted on a reinforced concrete foundation. The main deck will house the dual directional range lanterns. Electrical service will be run from a city power line. A crane will be required. Field welding and some field painting of the structure will be required during the installation process. Morgans Point Approach Outer Range Front Light: The proposed project calls for the construction of a single caisson pile. It will be outfitted with a small boat landing. The caisson will have a deck mounted on the top to house the lighting and power equipment. The battery bank and miscellaneous electrical panels will be contained within an equipment shelter located on the deck. Construction barges will be required. The caisson pile will be driven into the sea floor with a power hammer. Field welding and some field painting of the structure will be required during the installation process. Morgans Point Approach Outer Range Rear Light: The proposed project calls for the construction of a four-pile jacket structure with platform deck and tower. The structure will have a deck mounted to house the power system and will serve as the foundation for a steel skeleton tower. The battery bank and miscellaneous electrical panels will be contained within an equipment shelter located on the main deck. Construction barges will be required. Field welding and some field painting of the structure will be required during the installation process. Once the new Morgans Point Approach Inner and Outer Range Front and Rear Lights are installed and operating, the existing Morgans Point Approach Inner and Outer Range Front and Rear structures will be removed, with the supporting piles either completely removed or cut to 3 feet below the mud line. Type of Application: In accordance with the requirements of Executive Order 12372, Notification of Intent is made for a proposed Coast Guard project to construct aids to navigation structures.

Applicant: U.S. Department of Justice, Immigration and Naturalization Service; Location: This project addresses the potential impacts of ongoing and proposed INS/Joint Task Force-Six (JTF-6) activities throughout the U.S., but focuses on a 50-mile corridor along the U.S.-Mexico border from Brownsville, TX to San Diego, CA. CCC Project No.: 01-0247-F2; Description of Proposed Activity: The proposed activity detailed in this Final Supplemental Programmatic Environmental Impact Statement (SPEIS) is to provide full support from the U.S. Department of Defense Joint Task Force-Six (JTF-6) to the Immigration and Naturalization Service (INS) strategy for enforcement activities. The enforcement activities would allow INS to gain and maintain control of the southwest border area for the purpose of enhancing the prevention, deterrence and detection of illegal activities. JTF-6's support would fall within three major categories: operational, engineering, and general. The proposal also includes the implementation of an INS' Integrated Surveillance Intelligence System (ISIS) which includes the installation and monitoring of remote sensing systems. These activities will allow more efficient and effective investigation, patrolling, and apprehension, thus reducing the flow of illegal drugs into the U.S. The Final SPEIS and supporting baseline documents have been distributed to local and regional libraries and are available for review and downloading from the USACE, Fort Worth District's Internet web page. Type of Application: The Department of the Defense participation in counterdrug operations has been directed by the National Drug Control Strategy and authorized by the U.S. Congress under the National Defense Authorization Act of 1991.

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-200103977

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: July 11, 2001

Comptroller of Public Accounts

Notice Of Request For Proposals

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #122a) from qualified, independent firms to provide consulting services to Comptroller. The successful respondent will assist Comptroller in conducting a management and performance review of the Wilmer-Hutchins Independent School District (Wilmer-Hutchins ISD). Comptroller reserves the discretion to award one or more contracts for a review of the Wilmer-Hutchins ISD under this RFP. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about September 7, 2001.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, July 20, 2001, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Texas Marketplace at: http://www.marketplace.state.tx.us after 2 p.m. (CZT) on Friday, July 20, 2001.

Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 475-0973, not later than 2:00 p.m. (CZT), on Friday, August 3, 2001. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than August 8, 2001, or as soon thereafter as practical. Mandatory Letters of Intent received after the 2:00 p.m., August 3rd deadline will not be considered.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Wednesday, August 15, 2001. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents who do not submit mandatory letters of intent by the August 3rd deadline.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision regarding the award of a contract. Comptroller reserves the right to award one or more contracts under this RFP.

Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - July 20, 2001, 2 p.m. CZT; All Mandatory Letters of Intent and Questions Due - August 3, 2001, 2 p.m. CZT; Official Responses to Questions Posted - August 8, 2001, or as soon thereafter as practical; Proposals Due - August 15, 2001, 2 p.m. CZT; Contract Execution - August 31, 2001, or as soon thereafter as practical; Commencement of Project Activities - September 7, 2001.

TRD-200103980

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: July 11, 2001

Office of Consumer Credit Commissioner

Interpretations

Under provisions of Texas Finance Code §14.108, the consumer credit commissioner may issue interpretations of Subtitle A or B, Title 4, after approval of the interpretation by the finance commission. The provisions of Chapter 2001, Government Code, that relate to the adoption of an administrative rule do not apply to the issuance of an interpretation under this section.

The consumer credit commissioner has received the following request for an interpretation:

Request Number 2001-01. Request from Karen M. Neeley, of Long, Burner, Parks, McClellan & DeLargy regarding whether a loan transaction under Chapter 342 of the Finance Code may include the costs of a service contract. The critical inquiry is whether the charge for the service contract violates §342.502 relating to amounts authorized in a Chapter 342 loan transaction or whether a service contract is merely an additional good and service being acquired.

Interested parties may submit briefs and proposals pertaining to the issue under consideration to Leslie L. Pettijohn, Commissioner, Office of Consumer Credit Commissioner, 2601 North Lamar, Austin, Texas 78705, until August 20 , 2001.

TRD-200103845

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 5, 2001

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 07/16/01 - 07/22/01 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 07/16/01 - 07/22/01 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200103939

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 10, 2001

Texas Department of Criminal Justice

Notice of Award

The Texas Department of Criminal Justice hereby gives notice of a Contract Award for the Corsicana Paving/Drainage Project, Requisition Number: 696-TY-1-B026.

The Contract was awarded to Onycha Industries, Contract Number: 696-TY-1-1-C0153, as a full award for a dollar amount of $261,545.

TRD-200103955

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: July 11, 2001

Notice of Award

The Texas Department of Criminal Justice hereby gives notice of a Contract Award for the Crockett Road/Drainage Project, Requisition Number: 696-TY-1-B028.

The Contract was awarded to A.L. Helmcamp, Inc., Contract Number: 696-TY-1-1-C0154, as a full award for a dollar amount of $252,966.

TRD-200103956

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: July 11, 2001

Notice of Bid Cancellation

The Texas Department of Criminal Justice hereby gives notice of a bid cancellation for the Sheffield Boot Camp Expansion, Requisition Number: 696-TY-1-B038.

TRD-200103958

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: July 11, 2001

Notice of Contract Award

The Texas Department of Criminal Justice hereby gives notice of a Contract Award for the Corsicana Roof Repair, Requisition Number: 696-TY-1-B027.

The Contract was awarded to McKinney & Moore, Contract Number: 696-TY-1-1-C0155, as a full award for a dollar amount of $131,900.

TRD-200103957

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: July 11, 2001

Texas Commission for the Deaf and Hard of Hearing

Notice of Request for Proposals

The Texas Commission for the Deaf and Hard of Hearing announces a Request for Proposals (RFP) for services to eliminate communication barriers and to facilitate communication access for individuals who are deaf or hard of hearing. Funding is available for provision of the following services to the target populations: (1) Regional Specialist services to facilitate and coordinate the provision of accessible state and local services to persons who are deaf or hard of hearing of all ages in Health and Human Services Regions 1, 3 and 5; (2) Mentoring of interpreter interns to enable them to upgrade their level of skill and; (3) Training and outreach services to demonstrate equipment for the Specialized Telecommunications Assistance Program in Heath and Human Services Region 8; (4) Communication Access Services for Health and Human Services Region 2; and (5) Hard of Hearing services to expand or improve the quality of life of persons who are hard of hearing, late-deafened or oral deaf.

Note to Applicants: The estimated funding levels in the RFP does not bind TCDHH to make awards in any of these categories, or to any specific number of awards or funding levels.

Contact: Parties interested in submitting a proposal for any of the funding categories should contact the Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas 78711, (512) 407-3250 (Voice) or (512) 407-3251 (TTY), to obtain a complete copy of the RFP. The RFP is also available for pick-up at 4800 North Lamar, Suite 310, Austin, Texas 78756 on and after Friday, July 20, 2001, during normal business hours. The RFP is not available through fax. The RFP will also be available on the agency website at www.tcdhh.state.tx.us.

Closing Date: Proposals must be received in the Texas Commission for the Deaf and Hard of Hearing Office, 4800 North Lamar, Suite 310, Austin, Texas 78756 no later than 5 p.m. (CDT), on Friday, August 31, 2001. Proposals received after this time and date will not be considered.

Award Procedure: All proposals will be subject to evaluation by a review team using a scoring method based on the evaluation criteria set forth in the RFP. The review team will determine which proposals best meet the established criteria and will make selection recommendations for each category to the Executive Director, who will then make recommendations to the Commission. The Commission will make the final decision. Any applicant may be asked to clarify any information in their proposal and which may involve either written or oral presentations of requested information. The initial contract awards could start as early as October 1, 2001 with a renewal option of one additional 12 month award, for a potential 2 year project period. (The renewal option on Regional Specialist projects is for three 12 month awards, for a potential 4 year project period).

The Commission reserves the right to accept or reject any or all proposals submitted. The Texas Commission for the Deaf and Hard of Hearing is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits the Commission to pay for any costs incurred prior to the award of a contract. The anticipated schedule of events is as follows:

Issuance of RFP--July 20, 2001;

Proposals Due--August 31, 2001, 5 p.m. (CDT);

Maximum award amount per contract period and estimated number of awards

(1) Regional Specialist--$45,000--1 per region listed

(2) Mentoring--$10,000--up to 2

(3) Training and Outreach Services--$12,000--up to 2 for the region listed

(4) Communication Access Services--$4,500--up to 2 for the region listed

(5) Hard of Hearing Services--$12,000--1

TRD-200103950

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: July 10, 2001

Texas Education Agency

Correction of Error

The Texas Education Agency proposed new 19 TAC Chapter 61, concerning School Districts, Subchapter FF, Commissioner's Rules Concerning High School Diplomas for Certain Veterans. The proposed new section was published in the June 22, 2001, issue of the Texas Register (26 TexReg 4580). A corresponding graphic was also published in the Tables and Graphics section (26 TexReg 4752-4753). The agency's submission of the graphic contained the following error.

In §61.1061 on page 4753 of the graphic, question marks were used instead of bullets. Bullets should have been shown instead of question marks.

TRD-200103996

Request for Applications Concerning Activities under IDEA-B, 2001-2003

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-01- 025 from school districts, public charter schools, or shared services arrangements of school districts or charter schools to carry out activities under the Individuals with Disabilities Education Act (IDEA), Part B, (20 U.S.C. 1411, et seq.). Education Service Centers in Texas are eligible to apply on behalf of one or more schools districts or charter schools.

Description. Under Public Law 106-554, School Repair and Renovation; Activities under IDEA-B; and Technology, §321(b)(3)(B), applicants requesting funds for Activities under IDEA, Part B, should focus on the needs of the local education agency for additional funds for a student whose individually allocable cost for expenses related to the IDEA substantially exceeds the state's average per-pupil expenditure of $7,769. The state average per-pupil expenditure is based on the 1998-1999 school year as prescribed in the Elementary and Secondary Education Act (ESEA) of 1965, §14101(2), [20 U.S.C. 8801(2)]. The term "substantially exceeds" is defined as twice the state average per-pupil expenditure (greater than $15,538).

Quarterly written progress and expenditure reports are required. This grant is reimbursed only at the end of the grant period or upon project completion. The reimbursable amount is the difference between the need and special education funds generated by the targeted student(s).

Dates of Project. Activities under IDEA-B will be implemented during the 2001-2002 and 2002-2003 school years. Applicants should plan for a starting date of no earlier than November 1, 2001, and an ending date of no later than June 30, 2003.

Project Amount. Funding for the Activities under IDEA-B grants will be provided for an undetermined number of projects. It is anticipated funding will be appropriated by the U.S. Congress on a one-time only basis. It is likely that continuation funding will not be provided. This project is funded 100% from School Repair and Renovation; Activities under IDEA-B; and Technology federal funds.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objective(s) and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-01-025 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and telephone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Carolyn Dietrich, Division of Special Education, TEA, (512) 463-9362.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. Central Time, Thursday, October 11, 2001, to be considered for funding.

TRD-200103987

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: July 11, 2001

Request for Applications Concerning Technology Activities in Connection with School Repair and Renovation, 2001-2003

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-01- 033 from school districts, public charter schools, or shared services arrangements of school districts or charter schools for technology activities that are carried out in connection with school repair and renovation. Education Service Centers in Texas are eligible to apply on behalf of one or more schools districts or charter schools.

Description. Under Public Law 106-554, School Repair and Renovation; Activities under IDEA-B; and Technology, §321(b)(3)(B), applicants requesting funds for Technology in Connection with School Repair and Renovation should focus on the needs of the local education agency for additional funds for: (i) wiring; (ii) acquiring hardware and software; (iii) acquiring connectivity linkages and resources; and (iv) acquiring microwave, fiber optics, cable, and satellite transmission equipment in connection with school repair and renovation. Quarterly written progress and expenditure reports are required. These grants will be reimbursable through the web expenditure reporting system.

Dates of Project. Technology Activities in Connection with School Repair and Renovation will be implemented during the 2001-2002 and 2002-2003 school years. Applicants should plan for a starting date of no earlier than November 1, 2001, and an ending date of no later than June 30, 2003.

Project Amount. Funding for the technology grants will be provided for an undetermined number of projects. It is anticipated funding will be appropriated by the U.S. Congress on a one-time only basis. It is likely that continuation funding will not be provided. This project is funded 100% from School Repair and Renovation; Activities under IDEA-B; and Technology federal funds.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objective(s) and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-01-033 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and telephone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA or for information related to Technology Activities in Connection with School Repair and Renovation, contact Nancy Little, Division of Educational Technology, TEA, (512) 936-2264.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. Central Time, Tuesday, October 9, 2001, to be considered for funding.

TRD-200103986

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: July 11,2001

Texas Department of Health

Licensing Actions for Radioactive Materials

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TRD-200103846

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 5, 2001

Notice of Request for Proposals for Human Immunodeficiency Virus (HIV) Administrative Agencies in Three Texas HIV Planning Areas

PURPOSE

Texas Department of Health (department) is requesting proposals for Ryan White Title II grant funding for HIV administration, planning and evaluation (APE) services within three HIV Planning Areas. The department hopes to select three administrative agencies (AA) to assist the department in providing administration, planning and evaluation of the following department grant programs:

(1) Title II of the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act of 2000, as amended;

(2) HIV State Health and Social Services (State Services); and

(3) Housing Opportunities for Persons with AIDS (HOPWA).

The primary role of an administrative agency is to apply for and manage department funds and programs for the provision of HIV services within the planning area. An administrative agency is authorized to receive funds from the department and distribute them according to the service priorities established by the area planning body in its HIV care plan.

The entity selected to serve as an administrative agency in each planning area will also be required to coordinate the activities and functions of the area planning body and will receive additional department funding for those coordination activities. All applicants must be willing to coordinate the area planning body.

SERVICE AREAS

The service areas for this RFP are the HIV Service Delivery Areas (HSDA) included in the HIV Planning Areas below.

(1) PanWest Planning Area: includes Amarillo HSDA, Lubbock HSDA, and Permian Basin HSDA.

(2) Central Texas Planning Area: includes Temple-Killeen HSDA, Waco HSDA, Bryan-College Station HSDA, Austin HSDA and San Angelo HSDA; and the

(3) South Texas Planning Area: includes only the Laredo and Brownsville HSDAs.

ELIGIBLE APPLICANTS

Eligible applicants are public or private nonprofit organizations within the affected planning area. Agencies 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. An administrative agency may be a local or county health department, a community foundation, a public trust, a community-based organization, an AIDS services organization, or an incorporated nonprofit agency. To be eligible to receive funding, entities must demonstrate core administrative agency competencies as prescribed in the Request for Proposals (RFP).

AVAILABILITY OF FUNDS

It is expected that the initial contract will begin on or about April 1, 2002, and will be made for a twelve-month budget period. Continuation funding will be based on contractor performance and availability of federal funding. The specific dollar amount to be awarded to each applicant will depend upon the merit and scope of the proposed project. The funds to be provided through this RFP are not for direct services, but are to assist the department in administering, planning for, and evaluating the services in the planning area. The department will subsequently allocate funds to the selected AA funds for health and social services through the State Health and Social Services grant, the HIV CARE Title II grant, and the HOPWA grant.

TO APPLY

After reviewing the RFP, entities that intend to apply under this RFP must submit a Letter of Intent as prescribed in the RFP. Proposals must be received by the department by 5:00 p.m., Central Daylight Saving Time, October 5, 2001. Interested parties may obtain a copy of the RFP by contacting Ms. Laura Ramos at 512/490-2525, by e-mail at laura.ramos@tdh.state.tx.us, or at the following website address: http://www.tdh.state.tx.us/hivstd/grants/default.htm. No copies of the RFP will be released prior to August 1, 2001. Please refer to requisition number #0024.

TRD-200103959

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 11, 2001

Texas Health and Human Services Commission

Community Planning Forum and Public Hearing

The Health and Human Services Commission (HHSC), in collaboration with the Health and Human Services agencies and the South Plains Association of Governments, will conduct one of a series of statewide public hearings to receive public comment on the development of the Health and Human Services Coordinated Strategic Plan and to fulfill statutory local planning requirements. The public hearing is required under §531.022(d)(4), Government Code, and §531.036, Government Code, and is intended to produce the following outcomes: (1) Increase local involvement and participation in the planning process, (2) Provide feedback to local communities on statewide and regional progress made on health and human services goals and strategic priorities since the community forums in 1999, (3) Solicit input from the communities on the effectiveness of current health and human services efforts, (4) Update regional demographic information and needs profiles, (5) Assess local capacity to address the strategic priorities, and (6) Foster grass roots support for/build community coalitions to improve health and human service delivery in the area.

A community planning forum and public hearing will be conducted in Lubbock, Texas on July 31, 2001 at the UMC McInturff Conference Center, 602 Indiana Avenue, Lubbock, Texas. The planning forum is intended to provide the opportunity for public input and participation. Agency clients and consumers of health and human services, advocates, consumer advisors, local state agency representatives, local governmental and non-governmental representatives, service providers and other interested parties are encouraged to participate.

The planning forum will be held on July 31 from 9:00 a.m. to 3:00 p.m., Central Time. The morning session will provide state and regional progress reports, needs assessments and demographic information. Breakout group activities will be conducted for members of the community to discuss specific strategic priorities that significantly impact the Lubbock area. Discussion will focus on children's health insurance needs, access to long-term care for persons who are aging and persons with disabilities, prevention of delinquency and conduct disorders in children and adolescents, diabetes and health care issues in rural areas.

A public hearing to receive comment will begin at 1:30 p.m. Testimony and comments should focus on regional needs and suggestions for the most effective ways to deliver and coordinate services funded by the state. Written comments may be submitted to the Health and Human Services Commission until 5:00 p.m., Central Time, on August 7, 2001. Please address written comments to the attention of Colleen Edwards at HHSC, 4900 North Lamar Boulevard, 4th Floor, Austin, Texas 78751, fax (512) 424-6590 or e-mail: colleen.edwards@hhsc.state.tx.us.

Agenda

Morning Session

9:00--Welcome

9:15--Statewide Progress Report

9:45--Regional Presentations:

Access to Rural Health Care in West Texas

United Way Community Planning Model 2001

West Texas CHIP

Caring for the Aging in West Texas

11:00--Breakout Groups

12:15--Lunch

Afternoon Session

1:00--Breakout Groups Report Back

1:30--PUBLIC COMMENT SESSION

3:00--Final Thoughts and Acknowledgements

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Pete Lara at 1-806-762-8721 or e-mail: spagage@hub.ofthe.net by July 24, 2001 so that appropriate arrangements can be made.

TRD-200103843

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: July 5, 2001

Community Planning Forum and Public Hearing

The Health and Human Services Commission (HHSC), in collaboration with the Health and Human Services agencies and United Way of San Antonio and Bexar County, will conduct one of a series of statewide public hearings to receive public comment on the development of the Health and Human Services Coordinated Strategic Plan and to fulfill statutory local planning requirements. The public hearing is required under §531.022(d)(4), Government Code, and §531.036, Government Code, and is intended to produce the following outcomes: (1) Increase local involvement and participation in the planning process, (2) Provide feedback to local communities on statewide and regional progress made on health and human services goals and strategic priorities since the community forums in 1999, (3) Solicit input from the communities on the effectiveness of current health and human services efforts, (4) Update regional demographic information and needs profiles, (5) Assess local capacity to address the strategic priorities, and (6) Foster grass roots support for/build community coalitions to improve health and human service delivery in the area.

A community planning forum and public hearing will be conducted in San Antonio, Texas on July 27, 2001 at the UTSA Downtown Campus, Buena Vista Theater, 501 West Durango, San Antonio, Texas. The planning forum is intended to provide the opportunity for public input and participation. Agency clients and consumers of health and human services, advocates, consumer advisors, local state agency representatives, local governmental and non-governmental representatives, service providers and other interested parties are encouraged to participate.

The planning forum will be held on July 27 from 9:00 a.m. to 4:30 p.m., Central Time. The morning session will provide state and regional progress reports, needs assessments, demographic information and an opportunity for public comment.

The public hearing to receive comment will begin at 11:15 a.m. Testimony and comments should focus on regional needs and suggestions for the most effective ways to deliver and coordinate services funded by the state. Written comments may be submitted to the Health and Human Services Commission until 5:00 p.m., Central Time, on August 3, 2001. Please address written comments to the attention of Colleen Edwards at HHSC, 4900 North Lamar Boulevard, 4th Floor, Austin, Texas 78751, fax (512) 424-6590 or e-mail: colleen.edwards@hhsc.state.tx.us.

The afternoon session will provide breakout group activities for members of the community to discuss specific strategic priorities that significantly impact the San Antonio area. Discussion will focus on children's health insurance needs, access to long-term care for persons who are aging and persons with disabilities, transportation, Texas 211 and information and referral, diabetes and another emerging health and human services issue to be identified during the forum.

Agenda

Morning Session

8:30--Registration

9:00--Welcome and purpose

9:05--Report back from previous forum

9:20--Statewide progress report on strategic priorities

9:45--Regional progress report on issues of regional interest

11:15--Public Comment Period

12:00--Lunch Break

Afternoon Session

12:45--Breakout group discussion

2:45--Breakout groups report back

3:45--Identify regional priorities and next steps

4:30--Adjourn

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Toni-Marie VanBuren of the Regional Planning Team, phone: (210) 352-7034 by July 24, so that appropriate arrangements can be made.

TRD-200103844

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: July 5, 2001

Public Hearing on Proposed Nursing Facility Payment Rates for State Veterans Homes

The Texas Health and Human Services Commission (HHSC) and the Texas Department of Human Services (DHS) will conduct a joint public hearing to receive public comments on proposed nursing facility payment rates for state veterans homes operated by the Veterans Land Board of the State of Texas. These payment rates are proposed to be effective from July 28, 2001. The joint hearing will be held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires public hearings on proposed payment rates. The public hearing will be held on August 7, 2001, at 8:30 a.m. in conference room 1430 of the Brown-Heatly Building at 4900 North Lamar, Austin, Texas. Written comments regarding payment rates may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Tony Arreola, DHS, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030. Express mail can be sent to Mr. Arreola at DHS, MC W-425, 701 West 51st Street, Austin, Texas 78751- 2312. Hand-delivered written comments addressed to Mr. Arreola will be accepted by the receptionist in the lobby of the John H. Winters Human Services Building at 701 West 51st Street, Austin, Texas. Alternatively, written comments may be sent via facsimile to Mr. Arreola at (512) 438-2165. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Tony Arreola, DHS, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030, telephone number (512) 438-4817.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Tony Arreola, DHS, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030, telephone number (512) 438-4817, by July 30, 2001, so that appropriate arrangements can be made.

TRD-200103962

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: July 11, 2001

Public Hearing on Proposed Payment Rates for Nursing Facilities, Swing Beds, and Hospice-Nursing Facilities

The Texas Health and Human Services Commission (HHSC) and the Texas Department of Human Services (DHS) will conduct a joint public hearing to receive public comments on proposed payment rates for nursing facilities, swing beds, and hospice-nursing facilities operated by DHS. These payment rates are proposed to be effective September 1, 2001. The joint hearing will be held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires public hearings on proposed payment rates. The public hearing will be held on August 7, 2001, at 9:30 a.m. in conference room 1430 of the Brown- Heatly Building at 4900 North Lamar, Austin, Texas. Written comments regarding payment rates may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Tony Arreola, DHS, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030. Express mail can be sent to Mr. Arreola at DHS, MC W-425, 701 West 51st Street, Austin, Texas 78751-2312. Hand- delivered written comments addressed to Mr. Arreola will be accepted by the receptionist in the lobby of the John H. Winters Human Services Building at 701 West 51st Street, Austin, Texas. Alternatively, written comments may be sent via facsimile to Mr. Arreola at (512) 438-2165. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Tony Arreola, DHS, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030, telephone number (512) 438-4817.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Tony Arreola, DHS, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030, telephone number (512) 438-4817, by July 30, 2001, so that appropriate arrangements can be made.

TRD-200103961

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: July 11, 2001

Texas Department of Human Services

Request for Proposal for Community Living Assistance and Support Services (CLASS) Case Management Services Statewide

Request for Proposal (RFP): The Texas Department of Human Services (DHS) is requesting proposals from providers for the delivery of case management services provided through the Community Living Assistance and Support Services (CLASS) program. To be eligible to contract with the department effective October 1, 2001, a case management agency must be selected in the RFP process, enrolled as a CLASS provider, and attend and complete mandatory CLASS provider agency training October 1-4, 2001.

Purpose: The purpose of this RFP is to meet the department's requirements for periodic reprocurement of CLASS providers and to offer participants a choice of providers.

Description of Services: A case management agency enrolls participants in the CLASS program and is the focal point for developing service plans, coordinating services, and tracking participants' progress. The case manager convenes the interdisciplinary team (IDT) that is responsible for developing the plan of care and assures that services are consistent with the needs and preferences of the individual participant. Case managers further assist in the identification and development of appropriate community resources, crisis intervention, advocacy, and safeguarding individual rights. The case manager works in a cooperative relationship with the direct services agency that delivers home and community-based services.

Geographic Area: The CLASS program provides services to approximately 1,458 individuals in the current 14 catchment areas, which comprise a total of 86 counties. It is anticipated that at least 1,800 individuals will be enrolled by August 31, 2002.

The current CLASS catchment areas are:

1. Bexar, Bandera, Comal, Guadalupe, Kendall, and Kerr.

2. Dallas, Denton, Kaufman, Collins, Rockwall, and Ellis.

3. El Paso.

4. Harris, Brazoria, Fort Bend, Galveston, and Montgomery.

5. Jefferson, Orange, Chambers, Hardin, and Liberty.

6. Lubbock, Crosby, Floyd, Hale, Hockley, Lamb, Terry, Lynn, and Garza.

7. Nueces, Jim Wells, Kleberg, San Patricio, Aransas, Bee, Live Oak, and Refugio.

8. Smith, Gregg, Rusk, Upshur, Wood, Van Zandt, Henderson, Harrison, and Anderson.

9. Tarrant, Hood, Johnson, Parker, and Wise.

10. Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Kenedy, Starr, Webb, Willacy, and Zapata.

11. Travis, Hays, Bastrop, Williamson, Blanco, and Caldwell.

12. Armstrong, Carson, Potter, and Randall.

13. Coke, Nolan, Taylor, Tom Green, Runnels, Mitchell, Scurry, and Sterling.

14. Ector, Midland, Martin, and Andrews.

Closing Date and Time: Proposals must be received by the department by 5:00 p.m. on Friday, August 31, 2001.

Contact Person for RFP: To obtain a Request for Proposal packet, please write Pat Beard, Program Consultant, CLASS Program, Texas Department of Human Services, 701 West 51st Street, Mail Code W- 521, Austin, Texas 78751 or P.O. Box 149030, Mail Code W-521, Austin, Texas 78714-9030. Or you may fax a request to Pat Beard at (512) 438- 5135. Should you require additional information, please contact Ms. Beard at (512) 438-3680. The RFP packet will be available, Friday, July 20, 2001.

Bidder's Questions/Inquiries: Bidders must submit questions pertaining to the RFP and/or the CLASS program, in writing, to DHS to the attention of Pat Beard at the address or fax number above. All questions must be received by DHS by 5:00 p.m. on Friday, August 3, 2001.

Historically underutilized businesses, public or private, for profit or non-profit, with demonstrated knowledge, competence and qualifications in performing these services are encouraged to apply.

TRD-200103952

Paul Leche

General Counsel

Texas Department of Human Services

Filed: July 10, 2001

Request for Proposal for Community Living Assistance and Support Services (CLASS) Direct Services Statewide

Request for Proposal (RFP): The Texas Department of Human Services (DHS) is requesting proposals from providers for the delivery of Medicaid home and community-based services provided through the Community Living Assistance and Support Services (CLASS) program. To be eligible to contract with the department effective October 1, 2001, a direct services agency must be licensed by the Texas Department of Human Services as a home and community support services agency (HCSSA) under the categories of licensed home health services and personal assistance services, selected in the RFP process, enrolled as a CLASS provider, and attend and complete mandatory CLASS provider agency training October 1-4, 2001.

Purpose: The purpose of this RFP is to meet the department's requirements for periodic reprocurement of CLASS providers and to offer participants a choice of providers.

Description of Services: A direct services agency is responsible for delivering the following services in accordance with the individual service plan: personal assistance services (PAS) and skills development training, supported employment, nursing services, physical therapy, occupational therapy, speech therapy, respite, psychology services, specialized therapies, adaptive aids, and minor home modifications. CLASS participants are also eligible for the full range of Medicaid benefits. Direct services agency representatives participate in the assessment and care planning activities of the interdisciplinary team and work in a cooperative relationship with the case management agencies.

Bidders who are awarded a contract as a direct services agency will receive a one-time contract amendment offering to provide Vendor Fiscal Intermediary (VFI) Agency services. A VFI Agency provides fiscal intermediary services for program participants choosing to be the employer of their own employees for personal assistance services and respite service within the CLASS program and other DHS home and community-based programs as applicable.

Geographic Area: The CLASS program provides services to approximately 1,458 individuals in the current 14 CLASS catchment areas, which comprise a total of 86 counties. It is anticipated that at least 1,800 individuals will be enrolled by August 31, 2002.

The current CLASS catchment areas are:

1. Bexar, Bandera, Comal, Guadalupe, Kendall, and Kerr.

2. Dallas, Denton, Kaufman, Collins, Rockwall, and Ellis.

3. El Paso.

4. Harris, Brazoria, Fort Bend, Galveston, and, Montgomery.

5. Jefferson, Orange, Chambers, Hardin, and Liberty.

6. Lubbock, Crosby, Floyd, Hale, Hockley, Lamb, Terry, Lynn, and Garza.

7. Nueces, Jim Wells, Kleberg, San Patricio, Aransas, Bee, Live Oak, and Refugio.

8. Smith, Gregg, Rusk, Upshur, Wood, Van Zandt, Henderson, Harrison, and Anderson.

9. Tarrant, Hood, Johnson, Parker, and Wise.

10. Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Kenedy, Starr, Webb, Willacy, and Zapata.

11. Travis, Hays, Bastrop, Williamson, Blanco, and Caldwell.

12. Armstrong, Carson, Potter, and Randall.

13. Coke, Nolan, Taylor, Tom Green, Runnels, Mitchell, Scurry, and Sterling.

14. Ector, Midland, Martin, and Andrews.

Closing Date and Time: Proposals must be received by the department by 5:00 p.m. on Friday, August 31, 2001.

Contact Person for RFP: To obtain a Request for Proposal packet, please write Pat Beard, Program Consultant, CLASS Program, Texas Department of Human Services, 701 West 51st Street, Mail Code W- 521, Austin, Texas 78751 or P.O. Box 149030, Mail Code W-521, Austin, Texas 78714-9030. Or you may fax your request to Pat Beard at (512) 438-5135. The RFP packet will be available, Friday, July 20, 2001. Should you require additional information, please contact Ms. Beard at (512) 438-3680.

Bidder's Questions/Inquiries: Bidders must submit questions pertaining to the RFP and/or the CLASS program, in writing, to DHS to the attention of Pat Beard, CLASS Program Consultant at the address or fax number above. All questions must be received by DHS by 5:00 p.m. on Friday, August 3, 2001.

Historically underutilized business, public or private, for profit or non-profit, with demonstrated knowledge, competence and qualifications in performing these services are encouraged to apply.

TRD-200103951

Paul Leche

General Counsel

Texas Department of Human Services

Filed: July 10, 2001

Texas Department of Insurance

Insurer Services

Application to change the name of THE YASUDA FIRE & MARINE INSURANCE COMPANY OF AMERICA to SOMPO JAPAN INSURANCE COMPANY OF AMERICA, a foreign fire and casualty company. The home office is in New York, New York.

Application to change the name of THE OHIO LIFE INSURANCE COMPANY to CHASE LIFE AND ANNUITY COMPANY, a foreign fire and casualty company. The home office is in Columbus, Ohio.

Application to change the name of MEMORIAL HERMANN AFFILIATED SERVICES, INC. to UNIVERSITY PLACE, a Continuing Care Retirement Community. The home office is in Houston, Texas.

Application for incorporation to the State of Texas by PACIFIC SPECIALTY LLOYD'S, a Lloyds/Reciprocal company. The home office is in Austin, Texas.

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

TRD-200103981

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 11, 2001

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by American International Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting for all classes, various flex %'s by coverage and territory: Bodily Injury (+40% to +84%), Property Damage (+44% to +90%), Medical Payments (+29% to +47%), Personal Injury Protection (+97% to +141%), UMBI/PD (+56%), Comprehensive (+81% to 121%), and Collision (+115% to +163%). This overall rate change is 24.8%.

Copies of the filing may be obtained by contacting George Russell, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 305-7468.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by August 6, 2001.

TRD-200103897

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 9, 2001

Notice of Hearing

The Commissioner of Insurance, at a public hearing under Docket No. 2489 on August 22, 2001, at 9:30 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks adoption of amendments to the Fire Suppression Rating Schedule (FSRS) which would establish a new public protection classification, Class 8B, and adoption of conforming amendments to the Texas Personal Lines Manual and the Texas Statistical Plan for Residential Risks, and further seeks to delete outdated rate capping and previous key rate references in the Texas Personal Lines Manual, and to make a typographical correction to the Texas Addendum to the Fire Suppression Rating Schedule (Texas Addendum). Staff's petition (Ref. No. P-0701-07-I), was filed on July 9, 2001.

Staff's proposed adoption of amendments to the FSRS, the Texas Personal Lines Manual, the Texas Statistical Plan for Residential Risks, and the Texas Addendum will (1) revise the FSRS to establish the Class 8B Protection and set forth the criteria for eligibility for the new classification; (2) update the FSRS in its references to the new classification and re-number the rules referencing the Class 9 Protection; (3) conform various sections of the Texas Personal Lines Manual and the Texas Statistical Plan for Residential Risks consistent with the establishment of the new Class 8B classification; (4) delete outdated rate capping and previous key rate references in the Texas Personal Lines Manual since the public protection classification system has been in effect long enough that the use of rate capping factors are no longer needed in property rating for insurance; and (5) make a typographical correction to the Texas Addendum by adding a percentage symbol (%) to the denominator in the formula for the calculation of the Texas Addendum Credit.

A copy of the petition, including exhibits with the full text of the proposed amendments to the FSRS, the Texas Personal Lines Manual, the Texas Statistical Plan for Residential Risks, and the Texas Addendum is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Sylvia Gutierrez at (512) 463-6326; refer to (Ref. No. P-0701-07-I).

To be considered, all comments on the proposed changes must be submitted in writing no later than 5 p.m. on August 20, 2001, to Lynda H. Nesenholtz, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comments must be submitted simultaneously to G. Mike Davis, State Fire Marshal, Mail Code 112-FM, Texas Department of Insurance, P.O. Box 149221, Austin, Texas 78714-9221.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency's authority.

TRD-200103928

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 9, 2001

Third Party Administrator

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 Allied Claims Solutions, LLC, a domestic third party administrator. The home office is Dallas, 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-200103841

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 3, 2001

Third Party Administrator Applications

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

Application for admission to Texas of Spectera, Inc., a foreign third party administrator. The home office is Baltimore, Maryland.

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-200103949

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 10, 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 Southwestern Administrative Planners, L.L.C., 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-200103982

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 11, 2001

Texas Lottery Commission

Instant Game No. 208 "BINGO"

1.0 Name and Style of Game.

A. The name of Instant Game No. 208 is "BINGO". The play style is "bingo".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 208 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 208.

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: B01, B02, B03, B04, B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, and FREE.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: Table 1 of this section.

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are: Table 2 of this section.

[graphic]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

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

G. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $30.00, $50.00, $100, or $500.

I. High-Tier Prize - A prize of $1,000, $25,000.

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 twenty-two (22) digit number consisting of the three (3) digit game number (208), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 124 within each pack. The format will be: 208-0000001-000.

L. Pack - A pack of "BINGO" Instant Game tickets contain 125 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 000 will be shown on the front of the pack; the back of ticket 124 will be revealed on the back of the pack. Every other book will reverse i.e., the back of ticket 000 will be shown on the front of the pack and the front of ticket 124 will be shown on the back of the pack.

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 "BINGO" Instant Game No. 208 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 "BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose 130 (one hundred thirty) play symbols. The player must scratch off the "CALLER'S CARD" area to reveal (twenty-five) 25 Bingo Numbers and five (5) Bonus Numbers. The player must then mark all the Bingo Numbers on Cards 1 through 4 that match the Caller's Card. Each card has a corresponding prize box. If the player matches all bingo numbers in a complete horizontal, vertical, or diagonal line in a single card the player will win $2 in Card 1, $3 in Card 2, $5 in Card 3, or $10 in Card 4. If the player matches all bingo numbers in all four (4) corners in a single card the player will win $10 in Card 1, $20 in Card 2, $50 in Card 3, or $100 in Card 4. If the player matches all bingo numbers to make a complete "X" in a single card the player will win $100 in Card 1, $500 in Card 2, $1,000 in Card 3 or $25,000 in Card 4.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 130 (one hundred thirty) 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 130 (one hundred thirty) 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 130 (one hundred thirty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 130 (one hundred thirty) 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. A ticket can win up to four (4) times.

B. Adjacent ticket in a pack will not have identical patterns.

C. There will never be more than one (1) win on a single Bingo Card.

D. No duplicate numbers will appear on the Caller's Card.

E. No duplicate numbers will appear on each individual Player's Card.

F. Each Player's Card on the same ticket must be unique.

2.3 Procedure for Claiming Prizes.

A. To claim a "BINGO" Instant Game prize of $2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $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 $30.00, $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 "BINGO" Instant Game prize of $1,000 or $25,000, 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 "BINGO" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "BINGO" 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 "BINGO" 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 30,149,250 tickets in the Instant Game No. 208. The approximate number and value of prizes in the game are as follows: Table 3 of this section.

[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. 208 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. 208, 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-200103883

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 6, 2001

Instant Game No. 209 "Cash Explosion"

1.0 Name and Style of Game.

A. The name of Instant Game No. 209 is "CASH EXPLOSION". The play style is a "match three (3) of nine (9) with a doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 209 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 209.

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, $8.00, $10.00, $20.00, $40.00, $50.00, $80.00, $100, $200, $1,000, and FIRECRACKER.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: Table 1 of this section.

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are: Table 2 of this section.

[graphic]

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, $8.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $40.00, $50.00, $80.00, $100, or $200.

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

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

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (209), 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: 209-0000001-000.

L. Pack - A pack of "CASH EXPLOSION" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000-004 will be on the top page. Tickets 005-009 will be on the next page and so forth and ticket 245-249 will be on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CASH EXPLOSION" Instant Game No. 209 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 "CASH EXPLOSION" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) play symbols. If the player finds three (3) like amounts, the player will win that amount. If the player finds two (2) like amounts and a FIRECRACKER symbol, the player doubles 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 within a book will not have identical patterns.

B. No ticket will have four (4) or more like play symbols on a ticket.

C. The Doubler Symbol will never appear on a ticket which contains three (3) like play symbols.

D. There will be no more than one (1) Doubler Symbol on a ticket .

E. No more than one (1) pair of like play symbols will appear on a ticket containing a Doubler Symbol.

F. No more than two (2) pairs of like play symbols will appear on a ticket which does not contain a Doubler Symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "CASH EXPLOSION" Instant Game prize of $1.00, $2.00, $4.00, $8.00, $10.00, $20.00, $40.00, $50.00, $80.00, $100, or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer 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 $40.00, $50.00, $80.00, $100, or $200 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 "CASH EXPLOSION" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "CASH EXPLOSION" 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 "CASH EXPLOSION" 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 15,322,750 tickets in the Instant Game No. 209. The approximate number and value of prizes in the game are as follows: Table 3 of this section.

[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. 209 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. 209, 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-200103881

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 6, 2001

Instant Game No. 241 "Texas BBQ Bucks"

1.0 Name and Style of Game.

A. The name of Instant Game No. 241 is "TEXAS BBQ BUCKS". The play style is a "match three (3) of nine (9) with a doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 241 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 241.

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, $1,000, and DOUBLE DOLLAR SIGNS.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: Table 1 of this section.

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are: Table 2 of this section.

[graphic]

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 $1,000.

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

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (241), 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: 241-0000001-000.

L. Pack - A pack of "TEXAS BBQ BUCKS" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000-004 will be on the top page. Tickets 005-009 will be on the next page and so forth and ticket 245-249 will be on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TEXAS BBQ BUCKS" Instant Game No. 241 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 "TEXAS BBQ BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) play symbols. If the player finds three (3) like amounts, the player will win that amount. If the player finds two (2) like amounts and a DOUBLE DOLLAR SIGN symbol, the player doubles 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. The Doubler Symbol will never appear on a ticket which contains three (3) like play symbols.

C. No more than one (1) Doubler Symbol on a ticket .

D. No more than one (1) pair of like play symbols will appear on a ticket containing a Doubler Symbol.

E. No more than two (2) pairs of like play symbols will appear on a ticket which does not contain Doubler Symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "TEXAS BBQ BUCKS" 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 $40.00, $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 "TEXAS BBQ BUCKS" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "TEXAS BBQ BUCKS" 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 "TEXAS BBQ BUCKS" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

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

4.0 Number and Value of Instant Prizes. There will be approximately 20,205,250 tickets in the Instant Game No. 241. The approximate number and value of prizes in the game are as follows: Table 3 of this section.

[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. 241 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. 241, 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-200103884

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 6, 2001

Instant Game No. 242 "7-11-21"

1.0 Name and Style of Game.

A. The name of Instant Game No. 242 is "7-11-21". The play style is "add up".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 242 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 242.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, $1.00, $2.00, $5.00, $10.00, $20.00, $50.00, $100, and $5,000.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: Table 1 of this section.

[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.

[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, $6.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, or $300.

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

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 twenty-two (22) digit number consisting of the three (3) digit game number (242), 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: 242-0000001-000.

L. Pack - A pack of "7-11-21" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000-004 will be on the top page. Tickets 005-009 will be on the next page and so forth and ticket 245-249 will be on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "7-11-21" Instant Game No. 242 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 "7-11-21" Instant Game is determined once the latex on the ticket is scratched off to expose 12 (twelve) play symbols. The player must add all three (3) numbers for each game. If the total is seven (7), 11 (eleven), or 21 (twenty one) in a single game, the player will win the prize shown for that game. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 12 (twelve) 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 12 (twelve) 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 12 (twelve) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 12 (twelve) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning prize symbols will appear on a ticket.

C. No duplicate non-winning games (in any order) will appear on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "7-11-21" Instant Game prize of $1.00, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $100, or $300, 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 $300 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 "7-11-21" Instant Game prize of $5,000, 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 "7-11-21" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "7-11-21" 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 "7-11-21" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

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

4.0 Number and Value of Instant Prizes. There will be approximately 20,757,750 tickets in the Instant Game No. 242. The approximate number and value of prizes in the game are as follows: Table 3 of this section.

[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. 242 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. 242, 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-200103882

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 6, 2001

Texas Natural Resource Conservation Commission

Enforcement Orders

An order was entered regarding BIOTEX ENVIRONMENTAL CORPORATION AND TERI HADA MATHIS, Docket No. 1999-0061-MLM-E on June 26, 2001 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting BOOKER HARRISON, Staff Attorney at (512)239-4113, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An order was entered regarding CLAUDE BROWN DBA OUTLAW SERVICES, Docket No. 1999-1088-AIR-E on June 25, 2001 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting VICTOR SIMONDS, Staff Attorney at (512)239-6201, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BASELL USA, INC., Docket No. 2000-1214- PWS-E on June 25, 2001 assessing $1,500 in administrative penalties with $300 deferred.

Information concerning any aspect of this order may be obtained by contacting SHAWN STEWART, Enforcement Coordinator at (512)239-6684, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GEORGE COULAM DBA RENFAIRE WATER, Docket No. 2000-1348-PWS-E on June 25, 2001 assessing $438 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SHAWN STEWART, Enforcement Coordinator at (512)239-6684, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AQUASOURCE UTILITY, INC. BUFFALO CREEK STP FACILITY, Docket No. 2000-1173-MWD-E on June 25, 2001 assessing $4,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SHERRY SMITH, Enforcement Coordinator at (512)239-0572, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AQUASOURCE, INC. CREEKSIDE UTILITIES FACILITY, Docket No. 2000-1330-MWD-E on June 25, 2001 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SHERRY SMITH, Enforcement Coordinator at (512)239-0572, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CIRCLE BAR TRUCK CORRAL, INCORPORATED, Docket No. 2000-1155-IWD-E on June 25, 2001 assessing $7,000 in administrative penalties with $1,400 deferred.

Information concerning any aspect of this order may be obtained by contacting MARK NEWMAN, Enforcement Coordinator at (915)655-9479, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CYNDIE PARK II WATER SUPPLY CORPORATION, Docket No. 2000-1077-PWS-E on June 25, 2001 assessing $1,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting AUDRA BAUMGARTNER, Enforcement Coordinator at (361)825-3312, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FLORIDA GAS TRANSMISSION COMPANY, Docket No. 2000-0428-AIR-E on June 25, 2001 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting TRINA LEWISON, Enforcement Coordinator at (713)767-3607, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CECIL GREENE DBA CECIL GREENE PLUMBING, Docket No. 2000-1119-SLG-E on June 25, 2001 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting ELNORA MOSES, Enforcement Coordinator at (903)535-5129, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 127, Docket No. 2000-0898-MWD-E on June 25, 2001 assessing $22,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HOG CREEK WATER SUPPLY CORPORATION, Docket No. 2000-1194-PWS-E on June 25, 2001 assessing $1,488 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JAMES JACKSON, Enforcement Coordinator at (254)751-0335, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LONE STAR BEEF PROCESSORS, L.P., Docket No. 2000-1156-IWD-E on June 25, 2001 assessing $5,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting MARK NEWMAN, Enforcement Coordinator at (915)655-9479, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MOUNTAIN BREEZE, L.L.C. DBA MOUNTAIN BREEZE CAMPGROUND, Docket No. 2000-1215-PWS-E on June 25, 2001 assessing $625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting ELVIA MASKE, Enforcement Coordinator at (512)239-0789, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RANDY FOSTER DBA PALEX, Docket No. 2000-1328-AIR-E on June 25, 2001 assessing $4,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JUDY FOX, Enforcement Coordinator at (817)588-5825, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THOMAS INVESTMENTS, INC. DBA RICHMOND CLEANERS, Docket No. 2000-0619-IHW-E on June 25, 2001 assessing $6,000 in administrative penalties with $5,400 deferred.

Information concerning any aspect of this order may be obtained by contacting STEVEN LOPEZ, Enforcement Coordinator at (512)239-1896, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding YOUNG KIM DBA S & K FOOD MART, Docket No. 2000-0802-PST-E on June 25, 2001 assessing $3,600 in administrative penalties with $720 deferred.

Information concerning any aspect of this order may be obtained by contacting JORGE IBARRA, Enforcement Coordinator at (817)469-6750, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SOUTHWEST POWDER COATINGS, INC., Docket No. 2000-0980-IHW-E on June 25, 2001 assessing $7,500 in administrative penalties with $6,900 deferred.

Information concerning any aspect of this order may be obtained by contacting MICHAEL DE LA CRUZ, Enforcement Coordinator at (512)239-0259, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JAMES KIM DBA TIMES MARKET # 9, Docket No. 2000-1131-PST-E on June 25, 2001 assessing $9,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting AUDRA BAUMGARTNER, Enforcement Coordinator at (361)825-3312, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WILLIAMS TERMINALS HOLDINGS LP & AMERADA HESS CORPORATION, Docket No. 2000-1116-AIR-E on June 25, 2001 assessing $103,125 in administrative penalties.

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

An agreed order was entered regarding AA FOUNDRIES INC, Docket No. 2000-1050- IHW-E on June 25, 2001 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting MALCOLM FERRIS, Enforcement Coordinator at (210)403-4061, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF AUSTIN, Docket No. 2000-0761- EAQ-E on June 25, 2001 assessing $3,000 in administrative penalties with $600 deferred.

Information concerning any aspect of this order may be obtained by contacting LAWRENCE KING, Enforcement Coordinator at (512)339-2929, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DEWALCH TECHNOLOGIES, INC., Docket No. 2000-0824-MLM-E on June 25, 2001 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting JOSEPH DALEY, Enforcement Coordinator at (512)239-3308, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding F & W FORESTRY SERVICES INC, AND NEW FORESTRY, LLC, Docket No. 2000-0096-AIR-E on June 25, 2001 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting FAYE LIU, Enforcement Coordinator at (713)767-3726, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GOLDENGATE INVESTMENT COMPANY, INC. AND IMTIAZ AHMAD MIAN DBA NORTHGATE TEXACO MART, Docket No. 2000-0833-PST-E on June 27, 2001 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting GARY SHIPP, Enforcement Coordinator at (806)796-7092, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF GOREE, Docket No. 2000-1331- MWD-E on June 25, 2001 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting GARY SHIPP, Enforcement Coordinator at (806)796-7092, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ORVAL HALL EXCAVATING COMPANY, Docket No. 2000-1301-AIR-E on June 25, 2001 assessing $1,800 in administrative penalties with $360 deferred.

Information concerning any aspect of this order may be obtained by contacting MELINDA HOULIHAN, Enforcement Coordinator at (817)588-5868, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding POLK COUNTY, Docket No. 2000-0918-MSW- E on June 25, 2001 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding UNITED STATES DEPARTMENT OF ENERGY, Docket No. 2000-0710-IHW-E on June 25, 2001 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JOHN SUMNER, Staff Attorney at (915)620-6118, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding RUBEN ESCOBEDO DBA R & R WELDING, Docket No. 2000-0510-AIR-E on June 25, 2001 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JAMES BIGGINS, Staff Attorney at (210)403-4017, Enforcement Coordinator at , Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding ROGER CHAMBERS DBA ROGER'S AUTO SALVAGE YARD, Docket No. 2000-0517-MSW-E on June 25, 2001 assessing $7,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting ELISA ROBERTS, Staff Attorney at (817)588-5877, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding DOUGLAS BOWSER DBA BOWSER'S AUTO BODY SALES, Docket No. 2000-0110-AIR-E on June 25, 2001 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JAMES BIGGINS, Staff Attorney at (210)403-4017, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding BOBBY ARMSTRONG, Docket No. 1999-1339- OSI-E on June 25, 2001 assessing $1,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting ELISA ROBERTS, Staff Attorney at (817)588-5877, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KNOB HILL WATER SUPPLY CORPORATION, Docket No. 2000-0527-PWS-E on June 25, 2001 assessing $2,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting ELISA ROBERTS, Staff Attorney at (817)588-5877, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DEGUSSA CORPORATION, Docket No. 2000- 1002-AIR-E on June 25, 2001 assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BP AMOCO CHEMICAL COMPANY, Docket No. 2000-1174-AIR-E on June 25, 2001 assessing $22,100 in administrative penalties with $4,420 deferred.

Information concerning any aspect of this order may be obtained by contacting MIRIAM HALL, Enforcement Coordinator at (512)239-1044, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF CENTERVILLE, Docket No. 2000- 1001-MWD-E on June 25, 2001 assessing $4,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JOHN MEAD, Enforcement Coordinator at (512)239-6010, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF FLORENCE, Docket No. 2000-0964- MWD-E on June 25, 2001 assessing $4,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOE HAMILTON DBA KEG KORNER, Docket No. 1999-0443-PST-E on June 25, 2001 assessing $13,500 in administrative penalties with $12,900 deferred.

Information concerning any aspect of this order may be obtained by contacting ELISA ROBERTS, Staff Attorney at (817)588-5877, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding ALYNA, INC., Docket No. 1999-1221-PST-E on June 25, 2001 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JIM BIGGINS, Staff Attorney at (210)403-4017, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF CANTON, Docket No. 2000-0875- PWS-E on June 25, 2001 assessing $2,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CHEVRON MART, INC., Docket No. 2000- 1228-PWS-E on June 25, 2001 assessing $1,250 in administrative penalties with $250 deferred.

Information concerning any aspect of this order may be obtained by contacting KIMBERLY MCGUIRE, Enforcement Coordinator at (512)239-4761, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200103838

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 3, 2001

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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 20, 2001 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 20, 2001 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: Claudio Barrera dba Barrera Backhoe Service; DOCKET NUMBER: 2001- 0179-OSI-E; IDENTIFIER: Enforcement Identification Number 15703; LOCATION: Ben Bolt, Jim Wells County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.50(b) and (c) and the Code, §366.071, by failing to have a valid registration; the Code, §366.051(c), by beginning the installation without the property owner providing proof of a permit and approved plan; and 30 TAC §§285.3(a)(1)(2), 285.30, 285.91, and 366.004, by failing to design and install the on-site sewage facility with the standards and regulations; PENALTY: $700; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(2) COMPANY: Baylor Water Supply Corporation; DOCKET NUMBER: 2001-0158-WTR-E; IDENTIFIER: Public Water Supply (PWS) Number 0120004; LOCATION: Seymour, Baylor County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(r), by failing to provide 35 pounds per square inch (psi) water line pressure in the distribution system; 30 TAC §290.45(b)(1)(D)(iv), by failing to provide pressure maintenance facilities of 20 gallons per connection pressure tank capacity or 100 gallons per connection elevated storage capacity; and 30 TAC §290.43(c)(3), by failing to provide a overflow discharge pipe on the water storage facilities; PENALTY: $500; ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(3) COMPANY: Jorge Bayona dba C & J Auto Wholesale; DOCKET NUMBER: 2001-0243- AIR-E; IDENTIFIER: Air Account Number EE-1726-G; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC §114.20(c)(1) and the Code, §382.085(b), by offering for sale a vehicle with a missing catalytic converter; PENALTY: $300; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(4) COMPANY: CMS Taurus Field Services, L.P.; DOCKET NUMBER: 2000-1040-AIR-E; IDENTIFIER: Air Account Number FD-0003-I; LOCATION: Hamlin, Fisher County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.146(1) and the Code, §382.085(b), by failing to certify compliance with the Title V Permit O-00958; PENALTY: $5,000; ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(5) COMPANY: Gores Inc. dba Gore Brothers Dairy #2 and #3; DOCKET NUMBER: 2000- 1247-MWD-E; IDENTIFIER: Enforcement Identification Number 10455; LOCATION: Comanche, Comanche County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.33 and the Code, §26.121, by failing to obtain a Texas Pollutant Discharge Elimination System (TPDES) permit and continuing to operate; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(6) COMPANY: Gymnastics USA, Inc.; DOCKET NUMBER: 2001-0333-PWS-E; IDENTIFIER: PWS Number 1012358; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.120(b) and (c) (now 30 TAC §290.117(b) and (c)(5)), by failing to complete and submit a sample site selection form and collect and submit two rounds of initial lead and copper tap samples; PENALTY: $625; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Mr. Mohammed N. Qureshi dba HAH Gas Mart; DOCKET NUMBER: 2001- 00004-PST-E; IDENTIFIER: Petroleum Storage Tank Facility (PST) Identification Number 0040144; LOCATION: League City, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(5) and (6) and the Code, §382.085(b), by failing to maintain a record of the results of testing and daily inspections performed on the Stage II vapor recovery system (VRS); PENALTY: $900; ENFORCEMENT COORDINATOR: Alita Champagne, (512) 239-0784; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Hanover Compression, Inc.; DOCKET NUMBER: 2000-1208-AIR-E; IDENTIFIER: Air Account Number JF-0012-W; LOCATION: Hebbronville, Jim Hogg County, Texas; TYPE OF FACILITY: natural gas transmission; RULE VIOLATED: 30 TAC §122.146(D) and the Code, §382.085(b), by failing to submit annual Title V compliance certifications and identify in the annual Title V certifications all terms and conditions of the permit; and 30 TAC §122.145(2), by failing to report all instances of deviations; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(9) COMPANY: Hondo Chemical, Inc.; DOCKET NUMBER: 2001-0032-AIR-E; IDENTIFIER: Air Account Numbers GA-0338-N and HP-0549-F; LOCATION: Seagraves and Ropesville, Gaines and Hockley Counties, Texas; TYPE OF FACILITY: bulk sulfur loading terminals; RULE VIOLATED: 30 TAC §101.4 and the Code, §382.085(a) and (b), by failing to control nuisance odors; and 30 TAC §106.261, §116.110(a), and the Code, §382.085(b), by failing to obtain a permit or satisfy the conditions of a standard exemption; PENALTY: $14,125; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(10) COMPANY: IESI TX Landfill, L.P.; DOCKET NUMBER: 2000-0724-MSW-E; IDENTIFIER: Municipal Solid Waste Permit Number 1571A and Air Account Number WH-0181-V; LOCATION: Iowa Park, Wichita County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.114, by failing to follow the approved site operation plan; 30 TAC §330.114, §330.115, and Permit Number 1571A Section 7.1, by failing to provide fire protection; 30 TAC §330.114, §330.117(c), and Permit Number 1571A Section 6.2, by failing to prevent the unloading of prohibited wastes; 30 TAC §330.114, §330.120, and Permit Number 1571A Section 4.5, by failing to collect and return to the active working face windblown materials and litter; 30 TAC §330.114, §330.126, and Permit Number 1571A Section 4.11, by failing to prevent and control on-site populations of disease vectors; 30 TAC §330.114, §330.132, and Permit Number 1571A Section 4.17, by failing to spread and compact solid waste; 30 TAC §330.114, §330.133(a) and (g), and Permit Number 1571A Section 4.18.2 and 4.18.5, by failing to correctly complete the cover log and provide six inches of well-compacted earthen material not previously mixed with garbage, rubbish, or other solid waste; and 30 TAC §113.2061(a), §122.121, 40 Code of Federal Regulations (CFR) §60.32c(c) and §§60.751 - 60.759, and the Code, §382.054 and §382.085(b), by failing to submit a Title V federal operating permit application and submit an annual report of non-methane organic compound emissions; PENALTY: $30,750; ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(11) COMPANY: Industrial Apparatus Service, Inc.; DOCKET NUMBER: 2001-0304-AIR-E; IDENTIFIER: Air Account Number JE-0124-V; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: electric motors rebuilding; RULE VIOLATED: 30 TAC §101.4 and the Code, §382.085(a) and (b), by failing to prevent the discharge of smoke and combustion odors; 30 TAC §116.115(c), Permit Number 7038A, Special Condition 11A, and the Code, §382.085(b), by failing to post the manufacturer's recommended operating instructions at the burn-off oven and operate the oven in accordance with the instructions by not adjusting the afterburner gas adjusting valve to eliminate stack emissions; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(12) COMPANY: William D. Kelley Charitable Trust; DOCKET NUMBER: 2001-0516-EAQ- E; IDENTIFIER: Edwards Aquifer Protection Program Number 00010301A; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: land-clearing operation; RULE VIOLATED: 30 TAC §213.4(a), by allegedly having commenced land-clearing operations on property located within the Edwards Aquifer recharge zone before obtaining approval of a modification to its Edwards Aquifer Water Pollution Abatement Plan; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-6336, (512) 339-2929.

(13) COMPANY: Lyondell Chemical Company; DOCKET NUMBER: 2001-0165-IWD-E; IDENTIFIER: National Pollutant Discharge Elimination System (NPDES) Permit Number TX0069493; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), NPDES Permit Number TX0069493, and the Code, §26.121, by failing to meet the permit effluent limits for total copper, total suspended solids (TSS), benzene, ethylbenzene, pH, and dissolved oxygen; PENALTY: $22,500; ENFORCEMENT COORDINATOR: Sushil Modak, (512) 239-2142; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Lyondell-Citgo Refining LP; DOCKET NUMBER: 2001-0294-ISW-E; IDENTIFIER: Industrial Solid Waste Management Site Identification Permit Number HW-50106-000; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: hazardous waste processing and disposal; RULE VIOLATED: 30 TAC §§37.161, 37.201, 305.125(1), 40 CFR §264.143(d), and Permit Number HW-50106-000, by failing to submit an originally signed duplicate of a standby trust agreement; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239- 1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Men Water Supply Corporation; DOCKET NUMBER: 2000-1346-PWS-E; IDENTIFIER: PWS Number 1750015; LOCATION: Corsicana, Navarro County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(ii), (iii), and (iv), and (f)(4), by failing to provide a total storage capacity of 200 gallons per connection, provide two or more pumps that have a total storage capacity of two gallons per minute (gpm) per connection, provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection, and a minimum contract purchase rate of 0.6 gpm per connection; PENALTY: $875; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(16) COMPANY: Ohmstede, Inc.; DOCKET NUMBER: 2000-1044-IWD-E; IDENTIFIER: TPDES Permit Number 01318-000; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Water Quality Permit Number 01318, NPDES Permit Number TX00008184, TPDES Permit Number 01318-000, and the Code, §26.121, by failing to meet permitted limits for copper, TSS, oil and grease, and/or total organic carbon, notify the executive director of effluent violations of over 40% permitted values; and 30 TAC §§220.21, 290.51(a)(3), and 320.2, by failing to pay water quality assessment, public health service, and wastewater treatment inspection fees; PENALTY: $11,500; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Racetrac Petroleum Inc.; DOCKET NUMBER: 2001-0151-PST-E; IDENTIFIER: PST Facility Identification Number 0069059; LOCATION: League City, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(B) and the Code, §382.085(b), by failing to maintain the VRS in proper operating condition; and 30 TAC §290.51(a)(3) and §334.22(a), by failing to pay outstanding annual public health service and underground storage tank registration fees; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Rainbow Collision Centers, Inc. dba Rainbow Auto Painting and Collision; DOCKET NUMBER: 2001-0113-AIR-E; IDENTIFIER: Air Account Number DB-5201-A; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: automotive body repair and refinishing; RULE VIOLATED: 30 TAC §§106.436, 106.452, 116.110(a), and the Code, §382.0518(a) and §382.085(b), by failing to obtain a permit or satisfy the conditions for facilities permitted by rule; 30 TAC §115,422(1) and the Code, §382.085(b), by failing to minimize the volatile organic compound emissions during equipment cleanup; and 30 TAC §115.426(1) and the Code, §382.085(b), by failing to maintain the material data sheets for each coating and solvent available; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(19) COMPANY: Sammy's Groceries Inc. dba Walker Food Store; DOCKET NUMBER: 2001- 0207-PST-E; IDENTIFIER: PST Facility Identification Number 0021258; LOCATION: Bacliff, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and the Code, §382.085(b), by failing to successfully perform annual pressure decay testing; and 30 TAC §334.22(a), by failing to pay outstanding annual underground store tank registration fees; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Mr. Dennis Schkade and Schkade Mines, Inc.; DOCKET NUMBER: 2001- 0159-WR-E; IDENTIFIER: Water Rights Permit Number 12-4169; LOCATION: Lueders, Jones County, Texas; TYPE OF FACILITY: commercial limestone mining; RULE VIOLATED: 30 TAC §297.11 and the Code, §11.121, by failing to obtain authorization prior to diverting state water for commercial purposes; PENALTY: $2,000; ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(21) COMPANY: Sophia Enterprises, L.P. dba HTC Industries, Inc.; DOCKET NUMBER: 2001-0114-AIR-E; IDENTIFIER: Air Account Number TG-0053-B; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: rendering plant; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 8710, and the Code, §382.085(b), by failing to process material within the specified time frames; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(22) COMPANY: David H. Jones dba South Texas Tire Disposal; DOCKET NUMBER: 2001- 0249-MSW-E; IDENTIFIER: Tire Transporter Number 25666; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: scrap or used tire storage; RULE VIOLATED: 30 TAC §328.60(a), by failing to obtain approval for a scrap tire storage site or other registration; and 30 TAC §328.54(d), by failing to identify vehicles or trailers used to transport used or scrap tires; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(23) COMPANY: City of Springtown; DOCKET NUMBER: 2000-1401-MWD-E; IDENTIFIER: TPDES Permit Number 10649-001; LOCATION: Springtown, Parker County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10649-001, and the Code, §26.121, by failing to comply with permit limits for ammonia-nitrogen and TSS; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(24) COMPANY: J. Cleo Thompson Company; DOCKET NUMBER: 2001-0341-AIR-E; IDENTIFIER: Air Account Number CZ-0035-V; LOCATION: Ozona, Crockett County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.146(2) and the Code, §382.085(b), by failing to submit a Title V compliance certification; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(25) COMPANY: City of Tomball; DOCKET NUMBER: 2000-0348-MWD-E; IDENTIFIER: TPDES and Water Quality Permit Number 10616-001; LOCATION: Tomball, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES and Water Quality Permit Number 10616-001, and the Code, §26.121, by failing to meet the permitted effluent limits for copper concentration and loading and submit noncompliance notification reports; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: Town of Van Horn; DOCKET NUMBER: 2000-1428-MWD-E; IDENTIFIER: TPDES Permit Number 10721-001 (Expired); LOCATION: Van Horn, Culberson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(2), TPDES Permit Number 10721-001, and the Code, §26.121, by failing to submit an application for permit renewal and continuing to operate; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Terry McMillan, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(27) COMPANY: WB IND HP, Ltd.; DOCKET NUMBER: 2001-0248-EAQ-E; IDENTIFIER: Edwards Aquifer File Number 00071401; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: technology park; RULE VIOLATED: 30 TAC §213.4(a), by failing to obtain approval of an Edwards Aquifer protection plan prior to initiating construction; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(28) COMPANY: Jennifer Jamison dba West Lea Water Company; DOCKET NUMBER: 2000- 1400-PWS-E; IDENTIFIER: PWS Number 0200066 and Certificate of Convenience and Necessity Number 11845; LOCATION: Pearland, Brazoria County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(i), §291.93, and the Code, §13.250, by failing to meet the minimum water system capacity requirement of 96 gpm and prevent water outages; 30 TAC §290.44(c) and (h)(1), by failing to provide the minimum water line size for domestic flows and implement a backflow and anti-siphonage program; 30 TAC §290.41(c)(1)(F), by failing to provide proper ground water source development by not providing a sanitary control easement; and 30 TAC §290.46(j), by failing to implement a customer service inspection program; PENALTY: $950; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: Whiterock Water Supply Corporation; DOCKET NUMBER: 2000-1060-PWS- E; IDENTIFIER: PWS Number 1470014; LOCATION: Mexia, Limestone County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(iii) and (iv) (now 30 TAC §290.45(b)(1)(B)(iv) and (C)(ii)), by failing to meet the agency's minimum water system capacity requirements of a pressure tank capacity of 20 gallons per connection and total storage capacity of 200 gallons per connection; and 30 TAC §290.46(u) (now 30 TAC §290.46(r)), by failing to provide at all times a minimum pressure of 35 psi throughout the distribution system; PENALTY: $438; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(30) COMPANY: Wise County Detailing, Incorporated; DOCKET NUMBER: 2000-1289-AIR- E; IDENTIFIER: Air Account Number WN-0203-V; LOCATION: Boyd, Wise County, Texas; TYPE OF FACILITY: paint and autobody shop; RULE VIOLATED: 30 TAC §§106.433(2)(C), 106.436(3)(11), 106.452(2)(D), and 116.110(a), and the Code, §382.0518(a) and §382.085(b), by failing to obtain a permit or meet the requirements of a permit by rule; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

TRD-200103940

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 10, 2001

Notice of Opportunity to Participate in Permitting Matters

A person may request to be added to a mailing list for public notices processed through the Office of the Chief Clerk for air, water, and waste permitting activities at the TNRCC. You may request to be added to: (1) a permanent mailing list for a specific applicant name and permit number; and/or (2) a permanent mailing list for a specific county or counties.

Note that a request to be added to a mailing list for a specific county will result in notification of all permitting matters affecting that particular county.

To be added to a mailing list, send us your name and address, clearly specifying which mailing list(s) to which you wish to be added. Your written request should be sent to the TNRCC, Office of the Chief Clerk, Mail Code 105, P. O. Box 13087, Austin, Texas 78711-3087.

Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-200103946

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 10, 2001

Notice of Public Hearing (Chapter 101)

The Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 101, Subchapter A, §101.27 and to the state implementation plan (SIP) under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102 of the United States Environmental Protection Agency regulations concerning SIPs. The amendments to Chapter 101 are proposed as a revision to the SIP.

Senate Bill 1, Article VI, Rider 30, as passed by the 77th Texas Legislature, 2001, requires that these upset and maintenance emissions be included in the calculation of emissions for each account. The commission collects operating permit fees (emissions fees) as required by Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.0621, Operating Permit Fee. The current rule language in §101.27 only includes emissions during normal operations in the calculation of the total emissions from an account upon which the fee is based. Upset and maintenance emissions are not currently included in the basis for calculating the fee due.

A public hearing on this proposal will be held in Austin on August 13, 2001 at 2:00 p.m. at the Texas Natural Resource Conservation Commission, 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 Lola Brown, 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 2001- 030-101-AI, and must be received by 5:00 p.m., August 13, 2001. This proposal is available on the commission's web site at http://www.tnrcc.state.tx.us/oprd/rules/propadopt.html . For further information, please contact Alan Henderson, Policy and Regulations Division, (512) 239-1510.

TRD-200103971

Ramon Dasch

Acting Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 11, 2001

Notice of Public Hearing (Chapter 114 and State Implementation Plan)

The Texas Natural Resource Conservation Commission (commission) will conduct public hearings to receive testimony regarding revisions to 30 TAC Chapter 114 and to the state implementation plan (SIP) under the requirements of the Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning SIPs. The revisions concern the Dallas/Fort Worth (DFW) Attainment Demonstration SIP.

The 77th Legislature adopted Senate Bill (SB) 5 establishing the Texas Emission Reduction Plan (TERP) which provides financial incentives for reducing emissions of on-road and non-road motor vehicles and equipment, grants for the development of new emission control technology, new building energy efficiency standards, and research and development programs. The program is funded through surcharges and fees established in the bill. Senate Bill 5 also required that the commission delete the operating restriction on construction equipment rules and the Tier 2/Tier 3 accelerated purchase rules on construction equipment from the DFW and Houston/Galveston (HGA) SIPs and replace them with programs from SB 5. The SB 5 programs are estimated to achieve reductions in excess of the reductions expected from the rules that are being repealed. In accordance with SB 5, the SIP will be revised to replace these rules with TERP. The proposed SIP revision reflects the repeal of the rules regarding heavy diesel equipment fleet composition and the rules regarding diesel construction equipment operating restrictions as part of the implementation of SB 5. The proposed SIP revision also provides a description of the incentive programs which will replace these strategies. The proposed changes to Chapter 114 repeal the rules regarding heavy diesel equipment fleet composition and the rules regarding diesel construction equipment operating restrictions which were adopted on April 19, 2000 for the DFW ozone nonattainment area and on December 6, 2000 for the HGA ozone nonattainment area; and establish motor vehicle and non-road equipment incentive programs authorized by SB 5.

Public hearings on these proposed revisions will be held at the following times and locations: August 13, 2001, 2:00 p.m., Houston City Hall Council Chambers, 2nd Floor, 901 Bagby, Houston; August 14, 2001, 9:00 a.m., Texas Natural Resource Conservation Commission, Building E, Room 201S, 12100 North I-35, Austin; and August 14, 2001, 2:00 p.m., North Central Texas Council of Governments, Transportation Board Room, 3rd Floor, 616 Six Flags Drive, Arlington.

The hearings are structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to each hearing. Individuals may present oral statements when called upon in order of registration. A four-minute time limit may be established at each hearing to assure that enough time is allowed for every interested person to speak. Open discussion will not occur during the hearings; however, agency staff members will be available to discuss the proposal 30 minutes before the hearings, and will answer questions before and after the hearings.

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

Written comments may be submitted to Ms. Lola Brown, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087; faxed to (512) 239- 4808; or emailed to terp@tnrcc.state.tx.us . Comments must be received by 5:00 p.m., August 14, 2001. The latest version of these proposed rules in Chapter 114 and the SIP revision are available on the commission's web site at http://www.tnrcc.state.tx.us/oprd/sips/terp.html . For further information, please contact Bill Jordan, Strategic Assessment Division, (512) 239-2583.

TRD-200103970

Ramon Dasch

Acting Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 11, 2001

Notice of Water Quality Applications

The following notices were issued during the period of May 29, 2001 through June 27, 2001.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

A & D CORLEY ENTERPRISES, LTD. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of Permit No. 13401-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day via surface irrigation of 3.5 acres of non-public access land. This permit will not authorize a discharge of pollutants into waters in the State. This application was submitted to the TNRCC on March 5, 2001. The facility and disposal site are located at 294 Country Club Road, approximately 1.25 miles northeast of the intersection of U.S. Highway 377 and Country Club Road in Denton County, Texas.

ANTHONY FOREST PRODUCTS COMPANY has applied for a National Pollutant Discharge Elimination System (NPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 03811 which authorizes the discharge of wet decking wastewater, boiler blowdown, truck washwater, storm water runoff and/or storm water runoff that has come into contact with industrial waste or industrial products on an intermittent and flow variable basis via Outfall 001 and storm water runoff and/or storm water runoff that has come into contact with industrial waste or industrial products on an intermittent and flow variable basis via Outfalls 002 and 003. The plant site is located east of the intersection of State Highways 77 and 43, adjacent to the Texas and Pacific Railroad track in the city of Atlanta in Cass County, Texas.

CITY OF CADDO MILLS has applied for a renewal of TPDES Permit No. 10425-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 0.7 mile south of the intersection of State Highway 66 and Farm-to-Market Road 36 in Hunt County, Texas.

COLUMBIA-BRAZORIA INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TNRCC Permit No. 12103-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The facility is located approximately one mile south of State Highway 36 from a point approximately 4.5 miles southeast of the City of West Columbia in Brazoria County, Texas.

CITY OF COMMERCE has applied for a renewal of TPDES Permit No. 10555-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located approximately 0.5 mile south of the intersection of Charity Road and Farm-to-Market Road 3218, on the east side of Farm-to-Market Road 3218 in Hunt County, Texas.

FAULKEY GULLY MUNICIPAL UTILITY DISTRICT has applied for a major amendment to TPDES Permit No. 11832-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 950,000 gallons per day to an annual average flow not to exceed 1,420,000 gallons per day. The proposed amendment requests to lower the existing permitted flow from 950,000 gallons per day to 900,000 gallons per day. The application also includes a request for a temporary variance to the existing water quality standards to allow time for the TNRCC to adopt a site specific standard for Faulkey Gully in Segment No. 1009 for incorporation into 30 TAC §§307.10 Appendix D. The variance would authorize a three-year period in which the Commission will consider a recommended site specific standard for Faulkey Gully and determine whether to adopt the standard or require the existing water quality standards to remain in effect. The facility is located at 15503 Hermitage Oak, north of Malcomson Road and west of Farm-to-Market Road 149 in Harris County, Texas.

CITY OF LONGVIEW has applied for a renewal of TPDES Permit No. 10589-003, which authorizes the discharge of treated backwash filter effluent from at a daily average flow not to exceed 4,200 gallons per day. The facility is located south of Farm-to-Market Road 2206 on the east side of Swinging Bridge Road and 600 feet south of Premier Road in the City of Longview in Gregg County, Texas.

NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14245-001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 10,000,000 gallons per day. The facility is located approximately 1 mile south of U.S. Highway 380 and 10,000 feet west of the Collin-Denton County Line on the south side of Panther Creek in Denton County, Texas.

CITY OF QUITAQUE has applied for a major amendment to Permit No. 10727-001, to authorize a change in treatment process from bar screen, Imhoff tank and sludge drying beds to a pond system. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 90,000 gallons per day via surface irrigation of 80 acres of non public access pasture land. The draft permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day via surface irrigation of 80 acres of non public access pasture land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 4,500 feet east-northeast of the intersection of State Highway 86 and Farm-to-Market Road 1065 and 1,200 feet north of State Highway 86, east of the City of Quitaque in Briscoe County, Texas.

ROLLING CREEK UTILITY DISTRICT has applied for a renewal of TNRCC Permit No. 12841-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The application also includes a request for a temporary variance to the existing water quality standards to allow time for the TNRCC to adopt a site specific standard for Bear Creek (in Addicks Reservoir) for incorporation into 30 TAC §§307.10 Appendix D. The variance would authorize a three-year period in which the Commission will consider a recommended site specific standard for Bear Creek (in Addicks Reservoir) and determine whether to adopt the standard or require the existing water quality standards to remain in effect. The facility is located approximately 2,200 feet north of Clay Road and 3,500 feet east of Barker-Cypress Road in Harris County, Texas.

SEA LION TECHNOLOGY, INC. has applied for a National Pollutant Discharge Elimination System (NPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No.03479. The draft permit authorizes the discharge of previously monitored effluents (domestic wastewater, utility wastewater, and stormwater runoff) on an intermittent and flow variable basis via Outfall 001. The applicant operates an organic chemical manufacturing facility. The plant site is located at 5700 Johnny Palmer Road in the City of Texas City, Galveston County, Texas.

SHELL OIL COMPANY, DEER PARK REFINING LIMITED PARTNERSHIP, AND EQUILON ENTERPRISES, LLC has applied for a renewal of TNRCC Permit No. 00403, which authorizes the discharge of utility wastewaters and storm water at a daily average dry weather flow not to exceed 2,300,000 gallons per day via Outfall 001; the discharge of storm water on an intermittent and flow variable basis via Outfalls 002, 003, 004, 006, 008, and 009; and the discharge of treated process, sanitary, utility wastewaters and storm water at a daily average flow not to exceed 7,920,000 gallons per day via Outfall 007. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0004871 issued on September 29, 1995 and TNRCC Permit No. 00403 issued on January 14, 1994. The applicant operates the Shell Deer Park Refining Company, a petroleum refinery. The plant site is located at 5900 State Highway 225, south of the Houston Ship Channel, west of Patrick Bayou, and north of State Highway 225 at Center Street in the City of Deer Park, Harris County, Texas.

CITY OF SHEPHERD has applied for a major amendment to TNRCC Permit No. 11380- 001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 200,000 gallons per day to a daily average flow not to exceed 400,000 gallons per day and to relocate the discharge point. The plant site is located approximately 1,400 feet northeast of the intersection of U.S. Highway 59 and State Highway 150 in San Jacinto County, Texas.

CITY OF WOODVILLE has applied for a renewal of TNRCC Permit No. 10322-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,600,000 gallons per day. The facility is located approximately 1000 feet east of U.S. Highway 69 and 3000 feet south of U.S. Highway 190 in Tyler County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE

TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a renewal of TPDES Permit No. 10878-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 540,000 gallons per day. The facility is located outside the northwest corner of the security compound of the Clemens Unit, approximately 0.5 mile north of the intersection of State Highway 36 and Farm-to-Market Road 2004, and approximately 5.0 miles southeast of the City of Brazoria in Brazoria County, Texas.

Concentrated Animal Feeding Operation

Written comments and requests for a public meeting may be submitted to the Office of the Chief Clerk, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

TIMMY MACK COLLIER AND KEITH THOMAS COLLIER has applied for a major amendment to TPDES Registration No. WQ0003367-000 to authorize the applicant to expand an existing Dairy Operation from an existing capacity of 1,8000 head to a maximum capacity of 5,250 head in Scurry County, Texas. No discharge of pollutants into the waters in the state is authorized by this registration except under chronic catastrophic rainfall conditions. The existing facility is located north of U.S. Highway 84, 3.0 miles southeast of the intersection of U.S. Highway 180 and U.S. Highway 84 in Scurry County, Texas.

LAWRENCE A. HANCOCK has applied for major amendment to TPDES Registration No. WQ0003122-000 to authorize the applicant to expand an exisiting dairy facility from 3600 head to a maximum capacity of 4,200 head in Bailey County, Texas. No discharge of pollutants into the waters in the state is authorized by this registration except under chronic catastrophic rainfall conditions. The proposed facility is located four miles west of the intersection of FM 1760 and U.S. Hwy 84, on the south side of FM 1760, in Bailey County, Texas.

WILLIAM MCKENDRED LASATER has applied for a new TPDES Registration No. 4333 to authorize the applicant to operate an existing dairy operation at a maximum capacity of 999 head in Hamilton County, Texas. No discharge of pollutants into the waters in the state is authorized by this registration except under chronic catastrophic rainfall conditions. The existing facility is located on the west side of County Road 617, approximately 2 miles north of the intersection of County Road 617 and Farm-to-Market Road 218, near Pottsville, Texas.

T.J. DAIRY PARTNERS has applied for an amendment of TPDES Registration No. WQ0003868-000 to authorize the applicant to expand an existing dairy facility from a maximum capacity of 3,250 to 5,500 head in Lamb County, Texas. No discharge of pollutants into the waters in the state is authorized by this registration except under chronic catastrophic rainfall conditions. The proposed facility is located approximately .5 mile south of the intersection of FM 1928 and US Highway 84, on the side of FM 1928 in Lamb County, Texas.

ADOLFO ALCOLA TAPIA has applied to the for an amendment of TPDES Permit No. WQ0003824-000 to authorize the applicant to expand an existing dairy facility from a maximum capacity of 1,000 to 2,000 head in Tom Green County, Texas. No discharge of pollutants into the waters in the state is authorized by this registration except under chronic catastrophic rainfall conditions. The Existing facility is located on the west side of Klattenhoff Road approximately 2 miles north of the intersection of Farm-to-Market Road 1692 and Klattenhoff Road in Tom Green County, Texas.

TRD-200103837

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 3, 2001

Notice of Water Quality Applications.

The following notices were issued during the period of June 29, 2001 through August 6, 2001.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

CITY OF ALEDO has applied for a renewal of TPDES Permit No. 10847-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day. The facility is located approximately 0.5 mile west of the intersection of Farm-to-Market Road 5 and Farm-to-Market Road 2376 in the City of Aledo in Parker County, Texas.

AVIATION UTILITIES SERVICES, INC. has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 13920-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 90,000 gallons per day. The plant site is located approximately 4,000 feet south of the intersection of State Highway 1171 and Interstate Highway 35W, 3,000 feet east of Interstate Highway 35W and 2,500 feet west of the North West Regional Airport landing strip in Denton County, Texas.

CITY OF CALLISBURG has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TPDES Permit No. 11840-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility is located adjacent to and west of Farm-to-Market Road 678 approximately 3000 feet southeast of the intersection of Farm-to-Market Roads 678 and 2896 in Cooke County, Texas.

CHAPEL HILL INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. 11857-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day via surface irrigation of 18 acres of grassland. The facility and disposal site are located on the north side of State Highway 64, approximately 1/2 mile north of the school campus and approximately 4.8 miles east of the intersection of Highway 64 and Loop 323 in Smith County, Texas.

COMMUNITY ESTATES, INC. has applied for a renewal of TPDES Permit No. 13903-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 3,925 gallons per day. The facility is located on Farm-to-Market Road 2259, approximately 2.5 miles northwest of the intersection of Farm-to-Market Road 226 and Farm-to-Market Road 2259 and 3.2 miles south-southwest of the intersection of Farm-to- Market Road 226 and State Highway 21 in Nacogdoches County, Texas.

CITY OF CUSHING has applied for a renewal of TNRCC Permit No. 10437-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 81,000 gallons per day. The facility is located approximately 200 feet south of the intersection of Fourth Street and Spruce Avenue in the City of Cushing in Nacogdoches County, Texas.

DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. 4 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14170-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day. The facility is located approximately 8,000 feet southwest of the intersection of State Highway 423 and State Highway 24 in Denton County, Texas.

529 #35, LTD has applied for a renewal of TNRCC Permit No. 13484-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 125,000 gallons per day. The facility is located 6,800 feet west of U.S. Highway 290, 2,900 feet south of Farm-to-Market Road 529(Spencer Rd.) north of Fisher Road and east of Addicks Fairbanks Road on U.S. 65 in Harris County, Texas.

CITY OF FRANKSTON has applied for a renewal of TPDES Permit No. 10441-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. This application was submitted to the TNRCC on February 15, 2001. The facility is located south of the City of Frankston, immediately north of Caddo Creek, and approximately 1000 feet south and 1500 feet east of the intersection of State Highway 175 in Anderson County, Texas.

GULF COAST WASTE DISPOSAL AUTHORITY which operates the Odessa South Regional Wastewater Treatment Facility, a publicly owned treatment works (POTW) that treats industrial and municipal wastewater, has applied for a major amendment to TNRCC Permit No. 03776 to authorize an increase in the discharge of treated process wastewater, domestic wastewater, utility wastewater and storm water from a daily average flow not to exceed 4,000,000 gallons per day to a daily average flow not to exceed 5,600,000 gallons per day via Outfall 001; to clarify the waste streams discharged via Outfall 001 include municipal wastewater; and to replace the fecal coliform effluent limitation with chlorination/dechlorination requirements at Outfall 001. The current permit authorizes the discharge of treated process wastewater, domestic wastewater, utility wastewater and storm water via Outfall 001 at a daily average flow not to exceed 4,000,000 gallons per day. The plant site is located approximately one mile south of the intersection of Interstate Highway 20 and Grandview Avenue, south of the City of Odessa, Ector County, Texas.

HARDIN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a renewal of TNRCC Permit No. 10678-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located north of Little Pine Island Bayou, approximately 2 miles north of the intersection of State Highway 105 and Pine Wood Boulevard in Hardin County, Texas.

BETTY JOYCE JOHNSON has applied for a renewal of TPDES Permit No. 12893- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 17,500 gallons per day. The facility is located approximately 2 miles east of the intersection of Interstate Highway 20 and State Highway Loop 281 on Whitehurst Drive in Harrison County, Texas.

ORANGE COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a renewal of TPDES Permit No. 10875-008, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 630,000 gallons per day. The facility is located 1320 feet east of the intersection of Willow Drive and Dogwood Drive in Vidor and approximately 3960 feet southwest of the intersection of State Highway 105 and the Southern Pacific Railroad in Orange County, Texas.

PINE TREE MOBILE HOME PARK LANDOWNERS ASSOCIATION has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 13036-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 42,000 gallons per day. The plant site is located approximately one mile west of the City of Keller and approximately one mile southwest of the intersection of Keller- Hicks Road and U.S. Highway 377 in Tarrant County, Texas.

CITY OF PORT NECHES has applied for a renewal of TPDES Permit No. 10477-001, which authorizes the discharge of filter backwash water at a daily average flow not to exceed 48,000 gallons per day. The facility is located approximately 1.25 miles northwest of the intersection of Farm-to-Market Road 366 and State Highway Loop 136 in Jefferson County, Texas.

SILVERLEAF RESORTS, INC. has applied for a major amendment to TNRCC Permit No. 13849-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 56,500 gallons per day to a daily average flow not to exceed 300,000 gallons per day and to authorize a change in the method of effluent disposal for a daily average flow not to exceed 187,000 gallons per day from irrigation to discharge to an unnamed tributary; thence to Rose Branch; thence to Lake Palestine in Segment No. 0605 of the Neches River Basin. The applicant also requests to retain the disposal of treated effluent at a daily average flow not to exceed 113,000 gallons per day via irrigation of 50 acres of pastureland in the final phase. The existing permit authorizes the disposal of treated domestic wastewater via irrigation of 50 acres of pastureland planted with perennial coastal bermuda. The facility is located approximately 1,250 feet north of the intersection of State Highway 155 and Farm-to- Market Road 2661 in Smith County, Texas. The disposal site is located on the same location.

U.S. ARMY CORPS OF ENGINEERS has applied for a renewal of TPDES Permit No. 12054-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 4,000 gallons per day. The facility is located in Caddo Park, on the northeastern side of Lake Lavon, approximately 2.3 miles east of the intersection of U.S. Highway 380 and State Highway 78 in Collin County, Texas.

U.S. ARMY CORPS OF ENGINEERS has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0057886 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 12059-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The plant site is located in Mallard Park on the east side of Lavon Lake northwest of the intersection of State Highway 78 and Farm-to-Market Road 6 in Collin County, Texas

CITY OF VENUS has applied for a renewal of TPDES Permit No. 10883-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 175,000 gallons per day. The facility is located approximately 0.5 mile northwest of the City of Venus at a point approximately 500 feet north of U.S. Highway 67 and approximately 200 feet west of Farm-to-Market Road 157 in Johnson County, Texas.

WILDWOOD PROPERTY OWNERS ASSOCIATION has applied for a renewal of TPDES Permit No. 11184-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 24,000 gallons per day. The facility is located at the corner of Balsawood and Chestnut Streets in the community of Wildwood, approximately 0.25 mile south of Lake Kimble and approximately 2.5 miles west of the intersection of U.S. Highway 69 and 287 and Farm-to-Market Road 3063 in Hardin County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE

HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 89 has applied for a major amendment to TNRCC Permit No. 12939-001 to authorize a decrease in the discharge of treated domestic wastewater from a daily average flow not to exceed 500,000 gallons per day to a daily average flow not to exceed 250,000 gallons per day and to authorize to move the wastewater treatment facility approximately 250 feet north of the current site. The plant site is located north of Fellows Road, approximately 3,600 feet west of the intersection of Fellows Road and Farm-to-Market Road 518 (Cullen Boulevard) in Harris County, Texas.

TRD-200103948

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 10, 2001

Notice of Water Right Application

PROPOSED PERMIT NO. 8210; Centennial Pipeline, L.L.C. 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 three-year period from the Sabine River, Sabine River Basin. The applicant has indicated that a maximum of 30 acre-feet of water will be diverted and used during any one-year period for industrial (hydrostatic testing on new oil-refined product transmission pipeline) purposes. Water will be diverted at a maximum rate of 11.141 cfs (5,000 gpm) from a point located in Newton County adjacent to Circle Lake on the Sabine River, approximately 8 miles east of SR 87 and 22 miles east of Buna, Texas, said point also being Latitude 30.467 degrees N and Longitude 93.707 degrees W. There is one downstream appropriator that may be affected by the granting of the requested permit in Newton County. This water right holder will receive a copy of this notice. The temporary permit, if issued, will be junior in priority to all senior and superior water rights in the Sabine River Basin. The application was received on May 17, 2001 and the Executive Director reviewed the application and determined it to be administratively complete on July 6, 2001. 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 July 30, 2001. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by July 30, 2001. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

APPLICATION NO. 12-2315B; City of Waco, P.O. Box 2570, Waco, Texas 76702, applicants seek to amend a Certificate of Adjudication pursuant to Texas Water Code Chapter 11.122 & 11.042 and Texas Natural Resource Conservation Commission Rules 30 TAC Chapter 295.1, et seq. Notice should be mailed pursuant to 30 TAC Chapter 295.160 to the water right holders between the current diversion point and the proposed new diversion point in the Brazos River Basin. Certificate of Adjudication No. 12-2315, as amended, authorizes the owner to store 104,100 acre-feet of water in an existing dam and reservoir on the Bosque River, known as Lake Waco, which is tributary of the Brazos River in the Brazos River Basin in McLennan County. Certificate also authorizes owner to divert and use not to exceed 58,200 acre-feet of water per annum from a point on the aforesaid reservoir for municipal and industrial purposes and 900 acre-feet of water per annum from a point on the aforesaid reservoir for irrigation purposes at a combined rate of 80.00 cfs (36,000 gpm). The time priority of the owner's right is January 10, 1929 for the diversion and use of 39,100 acre-feet of water for municipal and industrial use, and April 16, 1958 for an additional 19,100 acre-feet of water for municipal and industrial purposes. The time priority of the diversion and use of 900 acre-feet per annum for irrigation is February 21, 1979. Pursuant to Water Option and Supply Contract between the City of Waco and Steag Power, LLC on October 25, 2000, the City of Waco seeks to amend Certificate of Adjudication No. 12-2315, as amended, to authorize the use of the bed and banks of the Bosque River and the Brazos River to convey industrial water from Lake Waco downstream to a point on the Brazos River in Fort Bend County. The City of Waco will discharge 7,700 acre-feet of water per annum from the Lake Waco dam at a maximum rate of 12 cfs (5,385.6 gpm) into the Bosque River. The discharge point is located 4.08 miles in a west, northwest direction from the Courthouse in Waco, McLennan County, Texas, also being at 31.59 degrees N Latitude and 97.21degrees W Longitude. To account for carriage loss, a maximum of 7,000 acre-feet of water per annum will be diverted at a proposed downstream diversion point on the Brazos River in Fort Bend County at a maximum rate of 11.5 cfs (5,161.2 gpm). The proposed diversion point will be located anywhere between 29.49 degrees N Latitude, 95.55 degrees W Longitude and 29.47 degrees N Latitude, 95.54 degrees W Longitude, also being approximately 28 miles in a southeast direction from the Courthouse in Fort Bend County, Texas. The applicant has estimated a 10 percent (%) carriage loss in the 310 river miles between the discharge point and the diversion point. The discharge volume and rate at the discharge point will always exceed the diversion volume and rate at the diversion point plus carriage losses during any 24 hour period. The application was received on March 30, 2001. Additional information was received May 11, 2001. The application was determined to be administratively complete on June 18, 2001. Written public comments and request for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by August 6, 2001. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by August 6, 2001. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed.

APPLICATION NO. 5732; Bexar Metropolitan Water District, 2047 W. Malone, San Antonio, Texas 78225, applicant, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a water use permit pursuant to Texas Water Code Section 11.042. Applicant seeks authorization to use the bed and banks of Live Oak Slough, tributary of the Medina River, tributary of the San Antonio River, San Antonio River Basin, to convey privately developed water (collected from various sources) for subsequent diversion and treatment for municipal purposes. Applicant will convey its privately developed water by pipeline from an off-channel reservoir (Kearney Pond) and discharge said water into Live Oak Slough at a maximum rate of 22 cfs (10,000 gpm) at a point on the west bank of Live Oak Slough located at Latitude 29.310 degrees N, Longitude 98.680 degrees W. Water will be conveyed approximately 16,000 feet downstream in Live Oak Slough for subsequent diversion and conveyance by pipeline to applicants ultrafiltration plant. The downstream diversion point is located on the east bank of Live Oak Slough at Latitude 29.289 degrees N, Longitude 98.654 degrees W. The water will be diverted at a maximum rate of, not to exceed, 22cfs (10,000 gpm) and be transported, via pipeline, to the applicants water treatment facility in Bexar County for further municipal purposes. Applicant has estimated a carriage loss of 3% in the 16,000 foot segment of Live Oak Slough between the discharge point and the diversion point. Applicant has indicated that the volume at the discharge point will always exceed the volume diverted downstream less any carriage and conveyance losses during any 24 hour period. The application was received on November 1, 2000. The Executive Director of the TNRCC has reviewed the application and has declared it to be administratively complete on February 12, 2001. The Executive Director recommends that public notice of the application be given pursuant to 30 TAC Section 295.152. Notice should be mailed pursuant to 30 TAC Section 295.161 (a) and (c) to the water right holders in the San Antonio River Basin. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by July 30, 2001. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by July 30, 2001.

APPLICATION NO. 5736; City of Corpus Christi, P.O. Box 9277, Corpus Christi, Texas 78408, applicant, seeks a Water Use Permit pursuant to Chapters 11.121 and 11.085, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC Chapter 295.1, et seq. Pursuant to 30 TAC Chapter 295.153 (b) and Chapter 295.155 (d)(3), this notice is being published in a newspaper and being mailed to the water right holders of record in the Nueces River Basin. Applicant seeks authorization to redirect 8,000 acre-feet of flood waters per annum at a maximum diversion rate of 17,825 cfs (8,000,000 gpm) for the enhancement of approximately 2,345 acres of wetland areas in the Rincon Bayou/Nueces Delta. Water will be redirected to spill over from the Lower Nueces River, Nueces River Basin , Nueces County, in an interbasin transfer to the adjacent San Antonio - Nueces Coastal Basin, San Patricio County, by means of a notch and overflow channel on the north bank of the Lower Nueces River. The aforesaid notch and channel will be located downstream from Calallen Dam at Latitude 27.896 degrees N and Longitude 97.623 degrees W, approximately 12.1 miles southwest from Sinton, San Patricio County. Said notch will engage when the river reaches an elevation of 2.0 feet Mean Sea Level (MSL). This project is part of the implementation of the operational procedures for the release of water from the reservoir system for estuary enhancement as authorized by Special Condition 5.B. of Certificate of Adjudication No. 21-3214, held by the City of Corpus Christi, the Nueces River Authority and the City of Three Rivers. This application is subject to the Texas Coastal Management Program (CMP) and must be consistent with the CMP goals and policies. Water which is redirected to spill over but not consumed as a result of the above stated use will be returned to Nueces Bay. Estimated annual amount of return flow to said stream will be 100%, less evapotranspiration and transmission losses. The application was received on March 16, 2001. The Executive Director of the TNRCC has reviewed the application and has declared it to be administratively complete on April 16, 2001. 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. 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.

APPLICATION NO. 5735; South Creek Ranch, L. L. C., 5500 Preston Road, Suite 200, Dallas, Texas 75205, applicant, seeks a Water Use Permit pursuant to Chapter 11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC Chapter 295.1, et seq. The Executive Director recommends that public notice of the application be given pursuant to 30 TAC Chapter 295.152. Notice should be mailed pursuant to 30 TAC Chapter 295.153 (a) and (b) to the water right holders in the Trinity River Basin. The applicant seeks authorization to divert and use not to exceed 2,386.22 acre-feet of water per annum from Newcreek Channel, tributary of Ten Mile Creek, and from Ten Mile Creek, tributary of the Trinity River, Trinity River Basin for irrigation of 568.4398 acres of land in Dallas County. The land to be irrigated is located in the William D. Menifee Survey, Abstract No. 857, the G. W. Benham Survey, Abstract No. 210, and the Jackson Survey, Abstract No. 34, approximately 19 miles southeast of Dallas, Texas. The aforesaid land is owned by the applicant as evidenced by Warranty Deed recorded on May 3, 2000, in Volume 2000092, Page 5054, by Warranty Deed recorded on February 7, 1994, in Volume 94133, Page 2178 and Page 2174, and by Warranty Deed recorded on June 20, 1994, in Volume 94137, Page 3091, in the Official Records of Dallas County, Texas. Water will be diverted from a point, designated as Diversion Point No. 1, on the north bank of Newcreek Channel located N 56.4 degrees W, 5,173 feet from the northeast corner of the Thomas Kemp Survey, Abstract No. 718, Dallas County, also being at Latitude 32.575 degrees N, Longitude 96.622 degrees W; from a point, designated as Diversion Point No. 2, on the south bank of Ten Mile Creek located N 33.7 degrees W, 3,162 feet from the aforesaid Kemp Survey, also being at Latitude 32.565 degrees N, Longitude 96.614 degrees W; and from a point, designated as Diversion Point No. 3, on the south bank of Ten Mile Creek located N 16.3 degrees E, 2,178 feet from the northeast corner of the aforesaid Kemp Survey, also being at Latitude 32.563 degrees N, Longitude 96.556 degrees W. Water will be diverted from the aforesaid three diversion points at a maximum combined rate of not to exceed 4.01 cfs (1,800 gpm). The application was received on February 2, 2001. Additional information was received on March 23, 2001. The Executive Director reviewed the application and determined it to be administratively complete on April 3, 2001. 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. 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.

APPLICATION NO. 5295A; Jay D. and Deborah Mills, P.O. Box 1669, Stephenville, Texas 76401, applicants, seek to amend a Water Use Permit pursuant to Texas Water Code Chapter 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC Chapter 295.1, et seq. Published notice of the application is being given pursuant to 30 TAC Chapter 295.152. Notice is being mailed pursuant to 30 TAC Chapter 295.153 (c) to the downstream water right holders in the Brazos River Basin. Applicant owns Water Use Permit No. 5295 which authorizes the owner to divert and use not to exceed 100 acre-feet of water from the perimeter of an exempt on-channel reservoir, known as Reservoir No. 1, on Crockett Creek, tributary of Indian Camp Creek, tributary of Richardson Creek, tributary of the Paluxy River, tributary of the Brazos River in the Brazos River Basin at a maximum diversion rate of 1.1 cfs (500 gpm) for irrigation of 110 acres of land within a 447.8 acre tract in the William Thorpe Survey, Abstract No. 766; the Leonard White Survey, Abstract 824; and the James Walk Survey, Abstract No. 834 in Erath county. Reservoir No. 1 is approximately seven (7) miles northeast of Stephenville, Erath County, Texas in the William Thorpe Survey, Abstract No. 766 and the midpoint of the dam at the stream is 1,800 feet southerly from the north corner of the aforesaid survey. The reservoir has a normal maximum operating capacity of 175 acre-feet and a normal maximum surface area of 17.5 acres. Applicant is also authorized to divert and use not to exceed 100 acre-feet of water from the perimeter of an exempt on-channel reservoir, known as Reservoir No. 2, Richardson Creek, tributary of the Paluxy River, tributary of the Brazos River in the Brazos River Basin at a maximum diversion rate of 1.1 cfs (500 gpm) for irrigation of 120 acres of land within a 270.25 acre-tract in the Leonard White Survey, Abstract 824; the James Walk Survey, Abstract No. 834; and the H. T. Woody Survey, Abstract No. 825 in Erath county. Reservoir No. 2 is approximately eight (8) miles northeast of Stephenville, Erath County, Texas in the aforesaid surveys and the midpoint of the dam on the stream is 200 feet westerly from the east corner of the Leonard White Survey, Abstract 824. The reservoir has a normal maximum operating capacity of 189 acre-feet and a normal maximum surface area of 18.8 acres. The permit contains a special condition 3. (a) that states the permit shall expire on December 31, 2000. Applicant seeks to amend Water Use Permit No. 5295 by extending or deleting the special condition 3. (a). The application was received on December 18, 2000. Additional information was received on June 4, 2001. The application was determined to be administratively complete on June 13, 2001. 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. 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.

APPLICATION NO. 5724; The San Marcos River Foundation, applicant, P. O. Box 1393, San Marcos, Texas 78667-1393, seeks a Water Use Permit pursuant to Chapter 11.121 of the Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC Chapter 295.1, et seq. Published notice of the application is being given pursuant to 30 TAC Chapter 295.152. Notice is being mailed to all water right holders in the Guadalupe River Basin pursuant to 30 TAC Chapter 295.153. The applicant seeks authorization to appropriate up to approximately 1.3 million acre-feet of state water per annum by maintaining stream flows for beneficial, non-consumptive, in-stream use at two reference points within the Guadalupe River Basin. The first reference point for measurement of these requested stream flows is on the southwest bank of the San Marcos River accessible to the public at Palmetto State Park in Gonzales County, approximately 10 miles northwest of the City of Gonzales, located at 29.586 degrees N Latitude and 97.574 degrees W Longitude. The second reference point is on the west bank of the Guadalupe River in Refugio County, accessible to the public at the State Highway 35 bridge, approximately 2.3 miles northeast of Tivoli, Texas, located at 28.479 degrees N Latitude and 96.863 degrees W Longitude. The applicant indicates that the purpose of this application is for the non-consumptive, beneficial use of instream flows at the reference points requested and to maintain beneficial inflows of freshwater to the Guadalupe Estuary. The applicant indicates its intent to convey an undivided share of the water right sought in this application to the Texas Parks and Wildlife Department (TPWD) and further to place this requested appropriation of state water into the Texas Water Trust. The applicant indicates that they will share the ownership, management, control and costs associated with this water right with TPWD, if it is granted. This application is subject to the Texas Coastal Management Program (CMP) and must be consistent with the CMP goals and policies. Of the total approximately 1.3 million acre-feet requested in this application, the applicant has provided specific flow rates and volumes relative to the two reference points. The applicant is seeking to appropriate 157,469 acre-feet per year of streamflow for in-stream use at the San Marcos River reference point, with the following monthly requested flow volumes: 13,343 acre-feet (ac-ft) for January, 12,832 ac-ft for February, 14,450 ac-ft for March, 15,769 ac-ft for April, 18,016 ac-ft for May, 15,263 ac-ft for June, 12,328 ac-ft for July, 10,453 ac-ft for August, 10,592 ac-ft for September, 10,945 ac-ft for October, 11,306 ac-ft for November, and 12,175 ac-ft for December. The applicant requests that these monthly volumes of water for the San Marcos River reference point also be authorized as corresponding instantaneous minimum flow rates, in cubic feet per second (cfs) at the following rates: 217 cfs for January, 229 cfs for February, 235 cfs for March, 265 cfs for April, 293 cfs for May, 257 cfs for June, 201 cfs for July, 170 cfs for August, 178 cfs for September, 178 cfs for October, 190 cfs for November, and 198 cfs for December. The applicant indicates that the volume and streamflow rates requested were calculated based on average daily stream flow records from U.S. Geological Survey Streamflow Gage No. 0817200 on the San Marcos River at Luling, Texas, from the period of record from May 1, 1939 to September 30, 1999. The applicant also seeks to appropriate 1,147,400 ac-ft per year of streamflow for in-stream use at the Guadalupe River reference point, with the following monthly requested flow volumes: 111,200 ac-ft for January, 124,200 ac-ft for February, 52,400 ac-ft for March, 52,400 ac-ft for April, 222,600 ac-ft for May, 162,700 ac-ft for June, 88,600 ac-ft for July, 88,300 ac-ft for August, 52,400 ac-ft for September, 52,400 ac-ft for October, 73,800 ac-ft for November, and 66,200 ac- ft for December. The applicant indicates that the requested streamflow volumes for the Guadalupe River reference point were derived from the Coastal Studies Technical Report No. 98-1 by the Texas Parks and Wildlife Department, entitled "Freshwater Inflow Recommendation for the Guadalupe Estuary of Texas". The application was received on July 10, 2000 and declared to be administratively complete on December 21, 2000. 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. 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.

Information Section

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 an application.

The Executive Director can consider approval of an 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;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may 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, at 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-200103947

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 10, 2001

Private Sector Prison Industries Oversight Authority

Request for Proposals to Receive Crime Victims Compensation Funds

The Private Sector Prison Industries Oversight Authority Board manages a fund established by the law resulting from HB 1617, passed by the legislature this year. The funds in this account are derived from deductions taken from wages paid to inmates employed under the Prison Industries Program and, by federal law, must only be used for Crime Victims Compensation.

We are requesting that non-profit or government agencies operating crime victims services programs and interested in being considered for Crime Victims Compensation funds forward a letter of intent to Bob Carter 8610 Shoal Creek Blvd., Austin, Texas 78757.

The letter must include a brief description of your program and the following statement:

"Any funds provided by the Private Sector Oversight Authority Board will specifically be used for CRIME Victims Compensation."

Letters of intent are due 30 days from the date posted. If you have any questions, please call Bob Carter at (512) 406-5750.

TRD-200103938

Joe Thrash

Attorney

Private Sector Prison Industries Oversight Authority

Filed: July 10, 2001

Texas Public Finance Authority

Invitation to Bid for Insurance Policy

(Buildings Covered by Bond Issue)

The Texas Public Finance Authority (the "Authority") is requesting invitations to bid for insurance coverage with no coinsurance penalty, in the amount of 100% of the replacement value of each insurable building project on which bond issues are outstanding and business interruption (loss of rents) insurance as set forth in the Invitation to Bid. The deadline for Bid submission is 12:00 Noon, August 13, 2001.

The Authority's selection will be based upon lowest cost for a two year period provided that all criteria and specifications are met or exceeded. The Authority reserves the right to negotiate individual elements of the bidders' proposal and to reject any and all bid proposals.

Copies of the Invitation to Bid may be obtained by calling or writing Marce Snyder, Texas Public Finance Authority, P.O. Box 12906, Austin, Texas 78711, (512) 305-9471.

TRD-200103941

Kimberly K. Edwards

Executive Director

Texas Public Finance Authority

Filed: July 10, 2001

Public Utility Commission of Texas

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

On July 3, 2001, DMJ Communications, Inc. filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60054. Applicant intends to remove the resale-only restriction, and reflect a change in ownership/control.

The Application: Application of DMJ Communications, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 24350.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than July 25, 2001. You may contact the PUC Customer Protection Division at (512) 936-7150. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24350.

TRD-200103876

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 6, 2001

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

On July 5, 2001, SCC Communications Corporation filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60317. Applicant intends to (1) change its name to Intrado Inc.; (2) reflect an internal corporate restructuring creating a direct wholly-owned subsidiary, ICI; and (3) transfer its SPCOA to the new, wholly-owned subsidiary.

The Application: Application of SCC Communications Corp. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 24351.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than July 25, 2001. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24351.

TRD-200103929

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 9, 2001

Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of the Application of Central Power and Light Company (CPL) and of Medina Electric Cooperative, Inc. (MEC) to Amend Certificated Service Area Boundaries within Webb County, Texas filed on June 28, 2001, pursuant to §§14.001, 37.051, 37.053, 37.054 and 37.056 of the Texas Utilities Code, the Public Utility Regulatory Act (PURA), and P.U.C. Substantive Rule §25.101. The applicants submit that this proceeding involves "minor boundary changes" pursuant to P.U.C. Procedural Rule §22.52(a) and P.U.C. Substantive Rule §25.101(c)(5)(B) and therefore, notice of this proposed amendment is not required. A summary of the application follows:

Docket Style and Number: Application of Central Power and Light Company and of Medina Electric Cooperative, Inc. to Amend Certificated Service Area Boundaries within Webb County, Texas - Docket Number 24323.

The Application: CPL and MEC request boundary changes in order to accommodate development west of I-35 and attendant construction by MEC to efficiently serve future development in this area.

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-200103839

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 3, 2001

Public Notice of Amendment to Interconnection Agreement

On June 29, 2001, Southwestern Bell Telephone Company and Phone Remedies, LLC, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24326. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24326. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 1, 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 Public Utility Commission Office of Customer Protection at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24326.

TRD-200103848

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 5, 2001

Public Notice of Amendment to Interconnection Agreement

On June 29, 2001, AT&T Wireless Services, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24328. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24328. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 1, 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 Public Utility Commission Office of Customer Protection at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24328.

TRD-200103849

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 5, 2001

Public Notice of Amendment to Interconnection Agreement

On July 2, 2001, Southwestern Bell Telephone Company and McLeodUSA Telecommunications Services, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24339. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24339. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 1, 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 Public Utility Commission Office of Customer Protection at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24339.

TRD-200103850

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 5, 2001

Public Notice of Interconnection Agreement

On July 2, 2001, United Telephone Company of Texas, Inc., d/b/a Sprint, Central Telephone Company of Texas d/b/a Sprint (collectively, Sprint), and NTWS Ditigal Broadband, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24340. The joint application and the underlying interconnection agreement is 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 24340. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 1, 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 Public Utility Commission Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24340.

TRD-200103851

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 5, 2001

Public Notice of Interconnection Agreement

On July 2, 2001, United Telephone Company of Texas, Inc., d/b/a Sprint, Central Telephone Company of Texas d/b/a Sprint (collectively, Sprint), and American Fiber Network, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24341. The joint application and the underlying interconnection agreement is 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 24341. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 1, 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 Public Utility Commission Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24341.

TRD-200103852

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 5, 2001

Texas A&M University System, Board of Regents

Public Notice

Pursuant to §552.123, Texas Government Code, the following candidates are the finalists for the position of President of Texas A&M International University and upon the expiration of twenty-one days, final action may be taken by the Board of Regents of The Texas A&M University System:

(1) Dr. Raymond T. Garza

(2) Dr. Ray Marvin Keck, III

TRD-200103842

Vickie Burt Spillers

Executive Secretary to the Board

Texas A&M University System, Board of Regents

Filed: July 3, 2001

Texas Department of Transportation

Revised Request for Proposals - Aviation Professional Consulting Services

A Request for Proposals to conduct an economic impact study was published in the June 29, 2001, issue of the Texas Register (26 TexReg 4916). The deadline for postmarks of proposals was published as July 25, 2001, and the deadline for hand-delivery of proposals was July 27, 2001. The deadline for receipt of proposals is now being extended. The proposal's due date has been extended as follows:

Proposals must be postmarked by U. S. mail by midnight August 17, 2001. Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. on August 17, 2001; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. August 20, 2001; hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704.

If you have any questions, please call Karon Wiedemann, Director, Grant Management, Aviation Division, Texas Department of Transportation (512) 416-4520.

TRD-200103960

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: July 11, 2001