696-FD-1-Q035

The Texas Department of Criminal Justice (TDCJ) announces that it requires Professional Engineering (P.E.) services of qualified facility commissioning firm(s) for new institutional construction and renovation projects, as well as recommissioning for existing facilities, pursuant to the provisions of the Texas Government Code, Title 10, Chapter 2254, Subchapter A, §2254.004. Qualifications of selected firms will be valid for a two-year period starting September 1, 2001, with two one year options. One or more firms will be selected as qualified to perform Commissioning Authority (CxA) services for projects of various sizes throughout the State. CxA services may be required for any mechanical, electrical, plumbing, or electronic project where commissioning processes would be deemed beneficial.

For further information please contact Dana L. Collins, Two Financial Plaza, Suite 525, Huntsville, Texas 77340; Phone: (936) 437-7141; Fax: (936) 437-7009.

Opening date is 4 p.m. on June 14, 2001.

TRD-200102788

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: May 18, 2001

NOTICE TO BIDDERS - NTB 96-002R-303 - Package 5, Sitework, Lighting and Irrigation - Texas Department of Health Public Health Laboratory, Austin

SEALED BIDS WILL BE RECEIVED BY THE GENERAL SERVICES COMMISSION (GSC), FACILITIES CONSTRUCTION & SPACE MANAGEMENT DIVISION (FCSM) FOR CONSTRUCTION OF PROJECT NO. 96-002R-303, Texas Department of Health Public Health Laboratory, Package 5, Sitework and Irrigation, 5100 Sunshine Street, Austin, Texas. Sealed bids will be received until 2 p.m, Tuesday, June 19, 2001. HUB Subcontracting Plans are due by 2 p.m., Friday, June 20, 2001. At that time, HUB Subcontracting Plans will be reviewed and, if found to be complete and responsive, the Bid will be opened and read.

The approximate cost for contract: 96-002R-303, Texas Department of Health Public Health Laboratory, Package 5, Sitework, Lighting and Irrigation is approximately $250,000.00.

Bid & HUB Subcontracting Plan Receipt Location: General Services Commission/FCSM will receive bids and HUB Subcontracting Plans at Gilbane Building Co. Project Trailer, 5100 Sunshine, Austin, Texas 78756.

Contractor Qualifications: Contractors should submit information to FCSM on GSC's Contractor's Qualifications Form, which can be obtained from FCSM by calling (512) 463-3417. This form should be submitted as soon as possible, but no later than 5 p.m. on June 12, 2001 to document compliance with contractor's qualification requirements for each project. Information is to be used in determining if a contractor is qualified to receive a contract award for the project. A favorable review by FCSM of contractor qualification statements is required prior to opening bid proposals.

Good Faith Effort for use of Historically Underutilized Businesses (HUB): GENERAL SERVICES COMMISSION HAS DETERMINED THAT THE WORK TO BE PERFORMED UNDER THIS CONTRACT INCLUDES SUBCONTRACTING OPPORTUNITIES. THEREFORE, A HUB SUBCONTRACTING PLAN WILL BE REQUIRED. THE COMPLETED HUB SUBCONTRACTING PLAN MUST BE SUBMITTED AS PART OF THE CONTRACTOR'S PROPOSAL, OR THE PROPOSAL WILL BE REJECTED AS NON-RESPONSIVE. Prime Contractors are required to perform a Good Faith Effort in providing HUB firms with an opportunity to participate in the bid and construction process. General Services Commission's goal for HUB participation in Building Construction projects is 26.1% of the total contract. Mrs. Bettie Simpson, telephone (512) 463-3232, with General Services Commission can assist in this process by providing lists of approved HUB firms and other sources for identifying HUB firms in the area. A listing of HUB firms is available on the web at www.gsc.state.tx.us and other web sites, see the Project Manual.

Bid Documents: Plans and specifications are available for trade contractors from the Construction Manager, Gilbane Building Co., 5001 Sunshine, Austin, Texas 78756, telephone: (512) 302-9211, fax: (512) 302-9289, upon delivery of a refundable deposit of $100.00 per set. Bid documents will be available for review at the FCSM office, 1711 San Jacinto, Suite 202, Austin, Texas 78701, the Austin and Houston offices of B2HK and Austin and San Antonio offices of GB&A, the Austin office of Gilbane Building Co. and the Austin Plan Rooms of the Associated Builder's and Contractors, the Associated General Contractors, the Builder's Exchange of Texas and the F. W. Dodge Corporation.

Pre-Bid Conference: There will be MANDATORY Pre-Bid Conference on June 5, 2001 at 2 p.m., at the site trailer of Construction Manager, Gilbane Building Co., 5001 Sunshine, Austin, Texas 78756, telephone: (512) 302-9211, fax: (512) 302-9289.

BIDS ARE TO BE MADE IN ACCORDANCE WITH STATE PROCEDURES.

TO BE RUN IN: Austin American-Statesman, Texas Register and Marketplace , 1 TIME: May 18, 2001

TRD-200102784

Cynthia J. Hill

Acting General Counsel

General Services Commission

Filed: May 17, 2001

NOTICE TO BIDDERS - NTB 99-003-405 - DPS Area Office Building at Eastland

SEALED BIDS WILL BE RECEIVED BY THE GENERAL SERVICES COMMISSION (GSC), FACILITIES CONSTRUCTION & SPACE MANAGEMENT DIVISION (FCSM) FOR CONSTRUCTION OF PROJECT NO. 99-003-405, DPS Area Office Building at Eastland, on June 21, 2001 at 3:00 PM. HUB Subcontracting Plans are due on June 21, 2001 at 3:00 PM also. At that time, HUB Subcontracting Plans will be reviewed and, if found to be complete and responsive, the Bid will be opened and read.

The approximate total cost for contract: 99-003-405 - DPS Area Office Building at Eastland is approximately $650,000.

Bid & HUB Subcontracting Plan Receipt Location: General Services Commission/FCSM will receive bids at Texas Department of Transportation Meeting Room located on 906 E. Main Street, Eastland or, if mailed or shipped, Texas Department of Public Safety, c/o Sgt. Stan Waters, 1100 W. Main, Eastland, Texas 76448. If items are to be mailed or shipped, please note on the envelope(s) what it is enclosed, the bid, the HUB plan, or both. Delivery of the bid and the HUB plan at the date and time specified above is the sole responsibility of the bidder.

Contractor Qualifications: Contractors should submit information to FCSM on GSC's Contractor's Qualifications Form, which can be obtained from FCSM by calling (512) 463-3417. This form should be submitted as soon as possible, but no later than 5:00 PM on June 14, 2001, to document compliance with contractor's qualification requirements for each project. Information is to be used in determining if a contractor is qualified to receive a contract award for the project. A favorable review by FCSM of contractor qualification statements is required prior to opening bid proposals.

Good Faith Effort for use of Historically Underutilized Businesses (HUB): GENERAL SERVICES COMMISSION HAS DETERMINED THAT THE WORK TO BE PERFORMED UNDER THIS CONTRACT INCLUDES SUBCONTRACTING OPPORTUNITIES. THEREFORE, A HUB SUBCONTRACTING PLAN WILL BE REQUIRED. THE COMPLETED HUB SUBCONTRACTING PLAN MUST BE SUBMITTED AS PART OF THE CONTRACTOR'S PROPOSAL, OR THE PROPOSAL WILL BE REJECTED AS NON-RESPONSIVE. Prime Contractors are required to perform a Good Faith Effort in providing HUB firms with an opportunity to participate in the bid and construction process. General Services Commission's goal for HUB participation in Building Construction projects is 26.1% of the total contract. Mrs. Bettie Simpson, telephone (512) 463-3232, with General Services Commission can assist in this process by providing lists of approved HUB firms and other sources for identifying HUB firms in the area. A listing of HUB firms is available on the web at www.gsc.state.tx.us and other web sites, see the Project Manual.

Bid Documents : Plans and specifications will be available not later than Wednesday, May 23, 2001 for prime contractors from: General Services Commission, FCSM: Design & Construction, c/o: Frances P. Brooks, 1711 San Jacinto, Suite 202, Austin, TX 78711, Phone: 512-463-7507 upon delivery of a refundable deposit of $100 per set. If documents are to be picked-up , bidders shall go to 1711 San Jacinto, Suite 110 to pay their deposit. There, bidders will be issued a receipt to pick-up the documents at Suite 202 of the same building. If bidders are to mail the deposit to have the documents mailed , the check shall clearly reference the project name and number. Along with the check, on a separate paper, provide the following information: Company name, address, phone and fax numbers, contact name and shipping company name and account number. Plans and specifications will be shipped at bidder's expense. Bid documents will be available for review at the FCSM office, 1711 San Jacinto, Suite 202, Austin, Texas 78711, the Architect's office, 7920 Ward Parkway, Kansas City, Missouri 64114 and the Plan Rooms of Associated General Contractors and F. W. Dodge Corporation in Abilene, and the Associated Builder's and Contractors in Irving.

Pre-Bid Conference : There will be MANDATORY Pre-Bid Conference on June 7, 2001, at 1:00 PM, at the Texas Department of Transportation Meeting Room located on 906 E. Main Street, Eastland.

BIDS ARE TO BE MADE IN ACCORDANCE WITH STATE PROCEDURES.

TO BE RUN IN: Fort Worth Star Telegram, Abilene Reporter News, 1 TIME: May 21, 2001

TRD-200102785

Cynthia J. Hill

Acting General Counsel

General Services Commission

Filed: May 17, 2001

SEALED BIDS WILL BE RECEIVED BY THE GENERAL SERVICES COMMISSION (GSC), FACILITIES CONSTRUCTION & SPACE MANAGEMENT DIVISION (FCSM) FOR CONSTRUCTION OF PROJECT NO. 98-002-405, Department of Public Safety McKinney Area Office, McKinney, Texas. Sealed bids will be received until 2:00 PM, on June 21, 2001. HUB Subcontracting Plans are due by 2:00 PM, on June 22, 2001. At that time, HUB Subcontracting Plans will be reviewed and, if found to be complete and responsive, the Bid will be opened and read.

The approximate total cost for contract: 98-002-405 - DPS McKinney Area Office is approximately $750,000.00

Bid & HUB Subcontracting Plan Receipt Location: General Services Commission/FCSM will receive bids at the main reception desk at the Texas Department of Public Safety, 350 W. Interstate 30, Garland, Texas 75043.

Contractor Qualifications: Contractors should submit information to FCSM on GSC's Contractor's Qualifications Form, which can be obtained from FCSM by calling (512) 463-8247. This form should be submitted as soon as possible, but no later than 5 p.m. on (TBD), 2001 to document compliance with contractor's qualification requirements for each project. Information is to be used in determining if a contractor is qualified to receive a contract award for the project. A favorable review by FCSM of contractor qualification statements is required prior to opening bid proposals.

Good Faith Effort for use of Historically Underutilized Businesses (HUB): GENERAL SERVICES COMMISSION HAS DETERMINED THAT THE WORK TO BE PERFORMED UNDER THIS CONTRACT INCLUDES SUBCONTRACTING OPPORTUNITIES. THEREFORE, A HUB SUBCONTRACTING PLAN WILL BE REQUIRED. THE COMPLETED HUB SUBCONTRACTING PLAN MUST BE SUBMITTED AS PART OF THE CONTRACTOR'S PROPOSAL, OR THE PROPOSAL WILL BE REJECTED AS NON-RESPONSIVE. Prime Contractors are required to perform a Good Faith Effort in providing HUB firms with an opportunity to participate in the bid and construction process. General Services Commission's goal for HUB participation in Building Construction projects is 26.1% of the total contract. Mrs. Bettie Simpson, telephone (512) 463-3232, with General Services Commission can assist in this process by providing lists of approved HUB firms and other sources for identifying HUB firms in the area. A listing of HUB firms is available on the web at www.gsc.state.tx.us and other web sites, see the Project Manual.

Bid Documents: Plans and specifications are available for prime contractors from Vidaud & Associates, Inc., Phone - (972) 934-8888, Fax: (972) 458-2323, upon delivery of a refundable deposit of $100 per set. Bid documents will be available for review at the FCSM office, 1711 San Jacinto, Suite 202, Austin, Texas 78701, the architect's office and the Plan Rooms of Associated General Contractors, F. W. Dodge Corporation, the Builder's Exchange of Texas and the Associated Builder's and Contractors in Dallas.

Pre-Bid Conference: There will be MANDATORY Pre-Bid Conference on June 14, 2001 at 2:00 p.m., at the Texas Department of Public Safety, 350 W. Interstate 30, Garland, Texas 75043.

BIDS ARE TO BE MADE IN ACCORDANCE WITH STATE PROCEDURES.

TO BE RUN IN: Dallas Morning News, Fort Worth Star Telegram, ONE TIME: Monday, May 21, 2001.

TRD-200102815

Cynthia J. Hill

Acting General Counsel

General Services Commission

Filed: May 18, 2001

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Hill Country Memorial Hospital, doing business as Fredericksburg Imaging Center (registrant-M00445) of Fredericksburg. A total penalty of $20,000 is proposed to be assessed to the registrant for alleged violations of 25 Texas Administrative Code, §289.230.

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

TRD-200102864

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 23, 2001

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Michael A. Charles, D.D.S., doing business as Inwood Dental, (registrant-R24085, revoked) of Houston. A total penalty of $8,000 is proposed to be assessed to the registrant for alleged violations of 25 Texas Administrative Code, §289.226.

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

TRD-200102863

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 23, 2001

The Texas Department of Health (department) gives notice that it has amended uranium by-product material license L03653 issued to URI, Inc. (mailing address: URI, Inc., 650 South Edmonds Lane, Suite 108, Lewisville, Texas, 75067). Amendment eight changes the mailing address only.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate to this amendment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who demonstrates that the person has suffered or will suffer injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.114, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 Texas Administrative Code, §1.21. et seq.), and the procedures of the State Office of Administrative Hearings (1 Texas Administrative Code, Chapter 155).

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189; E-mail: Chrissie.Toungate@tdh.state.tx.us; by calling (512) 834-6688; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200102865

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 23, 2001

The Texas Department of Human Services (DHS) will hold a public meeting to receive input on a proposed revision to the Community Based Alternatives (CBA) client eligibility bypass rule. The revised rule will require an individual to be a permanent resident of a nursing facility before the individual can bypass the interest list. The individual must reside in the nursing facility until approved for CBA services.

The meeting will be held on June 8, 2001, from 9:00 a.m. to 12:00 p.m., at the Texas Department of Mental Health/Mental Retardation, Auditorium, 909 West 45th Street, Austin, Texas. Individuals unable to provide input in person may address written comments to the attention of Gerardo Cantu, Texas Department of Human Services, Community Care W-521, P.O. Box 149030, Austin, Texas 78714-9030 until 5:00 p.m. the day of the meeting.

If you have any questions, please contact Gerardo Cantu at (512) 438-3693.

TRD-200102846

Paul Leche

General Counsel

Texas Department of Human Services

Filed: May 22, 2001

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The Glens Falls 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 their Classic Automobile Program: for all classes by territory, flex %'s from -65.8% to -38.7% for CSL Liability; for all classes and territories, -90% for PIP, -84% for UM/UIM, -80% for Medical Payments, 23.4% for Comp, and -59.5% for Collision; for all territories - under Antique Auto class, -59% for Comp and -77.5% for Collision; under Collectible class, -9% for Comp and -51% for Collision, and under Special Interest class, +46.7% for Comp and -29.8% for Collision. This overall rate change is 2.1%.

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 June 18, 2001.

TRD-200102873

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 23, 2001

The Commissioner of Insurance will hold a public hearing under Docket No. 2487, at 9:30 a.m., June 26, 2001 in Room 100 of the William B. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider public testimony from insurers, consumers, mortgage lenders, and any other interested parties on the current coverage provided in the Texas residential property policies for mold or other fungi losses. This is an information-gathering hearing which is being held for the purpose of soliciting input on the coverage for mold or other fungi that is currently contained in the Texas residential property policy forms. This hearing is intended to provide all interested parties with the opportunity to comment on the extent to which such coverage should be provided. All interested parties, including members of the general public, are invited to attend and provide comments and recommendations.

Currently, the Texas Homeowners Policies (HO-B, HO-C, HO-CT, and HO-CON-C) and the Texas Dwelling Policy (TDP-3) would exclude losses caused by rot, mold, or other fungi as well as losses caused by dampness of atmosphere, extremes of temperature, or contamination. However, these policies and forms HO-BT, HO-CON-B, and TDP-2 include coverage for a loss caused by mold or other fungi provided the loss (for example, water damage) causing the ensuing mold or fungi is a covered cause of loss under the policy. Article 5.35 of the Insurance Code allows for the approval of endorsements to be used with residential property policy forms. An insurer has filed with the Department proposed endorsements that exclude all coverage for mold or other fungi from the Texas residential property policy forms. The Commissioner has not yet acted on this filing. This specific filing is not being considered in this hearing, but the information obtained during the course of this hearing may be considered by the Commissioner in his action on this filing.

This hearing is held pursuant to the Insurance Code Chapter 31 and Article 5.35. Chapter 31 contains the general authority of the Commissioner. Article 5.35 authorizes the Commissioner to adopt or approve policy forms and endorsements for residential property insurance in Texas.

Anyone wishing to speak at this hearing will be required to complete a witness card, which will be available at the hearing site immediately prior to the hearing.

Additional information can be obtained from: Marilyn Hamilton, 333 Guadalupe Street, Texas Department of Insurance, (512) 322-2265

TRD-200102878

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 23, 2001

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Texas Department of Insurance (TDI) announces its Request for Proposals (RFP) from qualified Respondents for consultant services for a survey of individuals without health insurance. TDI is soliciting responses from qualified consultants to collect data on Texas individuals without health insurance. The data will be used by TDI to develop proposals under the Texas State Planning Grant project for expanding health insurance coverage. This project is funded as part of the federal State Planning Grant program administered by the U.S. Health Resources and Services Administration (HRSA). Although the contract for this RFP will be between the Successful Respondent, if any, and TDI, the cost of the data collection project will be funded entirely with federal funds granted to TDI under the State Planning Grant program. The primary purpose of the data collection proposal is to collect information on "non-poor" Texans who do not have any type of private or public health insurance and whose incomes are at least 200% over the federal poverty level.

The Successful Respondent will be expected to begin performance of the contract on or about July 1, 2001.

Contact: Parties interested in submitting a proposal should contact Regina Durden, Director of Purchasing, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714, (512) 475-1782, or by e-mail at Regina.Durden@tdi.state.tx.us. to obtain a complete copy of the RFP. The RFP is available electronically on TDI's website at www.tdi.state.tx.us and on the Texas Marketplace at www.marketplace.state.tx.us.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP.

Closing Date: Proposals must be received in the Purchasing Division no later than 3:00 p.m.on June 19, 2001. Proposals received after this time and date will not be considered.

TDI reserves the right to accept or reject any or all proposals submitted. TDI is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TDI to pay for any costs incurred prior to the execution of a contract.

TRD-200102809

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 18, 2001

1.0 Name and Style of Game.

A. The name of Instant Game No. 246 is "WEEKLY GRAND". This ticket contains three (3) games, indicated as "Game 1"; "Game 2"; and "Game 3", or "Quick $20". The play style of "Game 1" is a "Your Number Beats Their Number" play style. The play style of "Game 2" is a Match 3 Like Prize Amounts" play style. The play style of "Game 3", or "Quick $20", is a "Match 2 Like Symbols" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 246 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 246.

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 for" Game 1" are: 1, 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $300, and GRAND. The possible Play Symbols for "Game 2" are: $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, and GRAND. The possible game symbols for "Game 3" are: MONEY BAG symbol, GOLD BAR symbol, POT OF GOLD symbol, TOP HAT symbol, CLOVER symbol, and DIAMOND symbol.

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

Table 1 of this section Figure 1:16 TAC GAME NO. 246 - 1.2D

[graphic]

E. Retailer Validation Code - Three (3) small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section. Figure 2:16 TAC GAME NO. 246 - 1.2E

[graphic]

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

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

G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $40.00, or $300.

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

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

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (246), 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: 246-0000001-000.

L. Pack - A pack of "WEEKLY GRAND" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000 and 001 will be on the first page; tickets 002 and 003 will be on the next page and so forth with tickets 248-249 on the last page.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WEEKLY GRAND" Instant Game No. 246 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 "Game 1" of the "WEEKLY GRAND" Instant Game is determined once the latex on the ticket is scratched off to expose the "Your Number", "Their Number", and "Prize" Play Symbols on the front of the ticket. The player wins "Prize" amount if a Play Symbol shown under "YOUR NUMBER" is greater than the Play Symbol appearing under "THEIR NUMBER" in each of the two (2) rows. The player wins $1,000 per week for 20 (twenty) years if a Play Symbol shown under "YOUR NUMBER" is greater than the Play Symbol appearing under "THEIR NUMBER" in either row and the Play Symbol "GRAND" appears in the "Prize" spot for that row. In "Game 2", the player wins the prize amount that appears three (3) times on the play area. If the Play Symbol "GRAND" appears three times on the play area of "Game 2", the player wins $1,000 per week for 20 years. In "Game 3", the player wins $20 instantly if there are two (2) out of three (3) matching Play Symbols under "QUICK $20". 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 six (6) Play Symbols must appear under the latex overprint on "Game 1", exactly six (6) Play Symbols must appear under the latex overprint on "Game 2", and exactly three (3) Play Symbols must appear under "Game 3".

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 six (6) Play Symbols and exactly six Play Symbol Captions under "Game 1", exactly six (6) Play Symbols and exactly six (6) Play Symbol Captions under "Game 2", and exactly three (3) Play Symbols and exactly three (3) Play Symbol Captions under "Game 3" on the front of the ticket under the latex overprint on the front portion of the ticket, exactly one (1) Serial Number, exactly one (1) Retailer Validation Code, and exactly one (1) 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 six (6) Play Symbols appearing under "Game 1", each of the six Play Symbols appearing under "Game 2", and each of the three (3) Play Symbols appearing under "Game 3" must be exactly one of those described in Section 1.2.C of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of these described in Section 1.2.D of these Game Procedures;

17. Each of the six (6) Play appearing under "Game 1", each of the six (6) Play Symbols appearing under "Game 2", and each of the three (3) Play Symbols appearing under "Game 3" 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 Validation Numbers must be printed in the Validation 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 or recorded by the Texas Lottery by applicable deadlines.

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

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

2.2 Programmed Game Parameters.

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

B. There will be no three (3) or more like non-winning prize symbols on a ticket.

C. Non-winning PRIZE SYMBOLS will not match a winning prize symbol on a ticket.

D. The GRAND symbol may only be used in "Game 1" and "Game 2".

E. In "Game 1", there will be no ties between YOURS and THEIRS in a row.

F. There will be no duplicate games on a ticket in "Game 1".

G. No duplicate non-winning prize symbols in "Game 1".

H. In "Game 2", no more than four (4) or more of a kind will appear.

I. In "Game 3", all symbols will be used an approximately even number of times on winning and non-winning tickets.

J. There will never be three (3) like symbols in "Game 3"

2.3 Procedure for Claiming Prizes.

A. To claim a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, 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 $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. When claiming a "WEEKLY GRAND" Instant Game prize of GRAND, the claimant must choose one of four (4) payment options for receiving their prize:

1. Weekly via wire transfer to the claimant/winner's account. This will be similar to the current "WEEKLY GRAND" (Game 173) payment process. With this plan, a payment of $1,000.00 less Federal withholding will be made once a week for twenty years. After the initial payment, installment payments will be made every Wednesday.

2. Monthly via wire transfer to the claimant/winner's account. If the claim is made during the month, the claimant/winner will still receive the entire month's payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $4,337.00 less Federal withholding will be made the month of the claim. Each additional month, a payment of $4,333.00 less Federal withholding will be made once a month for 20 years. After the initial payment, installment payments will be made on the first business day of each month.

3. Monthly via wire transfer to the claimant/winner's account. If the claim is made during the quarter, the claimant/winner will still receive the entire quarter's payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $13,000.00 less Federal withholding will be made each quarter (four times a year) for 20 years. After the initial payment, installment payments will be made on the first business day of the first month of every quarter (January, April, July, October).

4. Annually via wire transfer to the claimant/winner's account. These payments will be made in a manner similar to how jackpot payments are currently handled. With this plan, a payment of $52,000.00 less Federal withholding will be made once a year during the anniversary month of the claim for 20 years. After the initial payment, installment payments will be made on the first business day of the anniversary month.

C. As an alternative method of claiming a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "WEEKLY GRAND" 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 $1,000 per week for 20 years from the "WEEKLY GRAND" 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 25,590,000 tickets in the Instant Game No. 246. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 246- 4.0

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 246 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. 246, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant tot he State Lottery Act and reference in 16 TZC, Chapter 401, and all final decisions of the Executive Director.

TRD-200102812

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 18, 2001

1.0 Name and Style of Game.

A. The name of Instant Game No. 247 is "9s IN A LINE". The play style is a "tic-tac-toe" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 247 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 247.

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: 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $3.00, $9.00, $19.00, $49.00, $99, $199, and $900.

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

Table 1 of this section Figure 1:16 TAC GAME NO. 247 - 1.2D

[graphic]

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

Table 2 of this section. Figure 2:16 TAC GAME NO. 247 - 1.2E

[graphic]

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

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $9.00, or $19.00.

H. Mid-Tier Prize - A prize of $49.00, $99.00, or $199.

I. High-Tier Prize - A prize of $900.

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

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (247), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be : 247-0000001-000.

L. Pack - A pack of "9s IN A LINE" 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 and tickets 005 - 009 will be on the next page and so forth with tickets 245 - 249 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 "9s IN A LINE" Instant Game No. 247 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 "9s IN A LINE" Instant Game is determined once the latex on the ticket is scratched off to expose 10 (ten) play symbols. If a player finds three (3) 9s in any one row, column, or diagonal, the player wins the prize in the Prize Box. 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 10 (ten) 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 10 (ten) 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 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 10 (ten) 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 ticket will contain three (3) or more of a kind other than the 9 (nine) symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "9s IN A LINE" Instant Game prize of $1.00, $2.00, $3.00, $9.00, $19.00, $49.00, $99.00, or $199, 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 $49.00, $99.00 or $199 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 "9s IN A LINE" Instant Game prize of $900, 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 "9s IN A LINE" 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 "9s IN A LINE" 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 "9s IN A LINE" 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 30,514,500 tickets in the Instant Game No. 247. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 247- 4.0

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 247 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. 247, 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-200102811

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 18, 2001

The Health and Human Services Commission (HHSC) plans to submit a Medicaid state plan amendment with an effective date of October 1, 2001, to revise the Rehabilitative Services reimbursement methodology. The reimbursement methodology will be revised from a uniform, prospective rate that is determined at least annually to a uniform, statewide, interim rate with a cost-related year-end settlement. The interim rate is determined prospectively and at least annually. An interim rate is set for each service type.

The estimated fiscal impact of a increases/(decreases) in Federal dollars over the next five Federal Fiscal Years are as follows:

FFY 2002--(2,484,511)

FFY 2003--(1,063,690)

FFY 2004--(496,082)

FFY 2005--(146,837)

FFY 2006--603,546

Copies of the state plan amendment (Transmittal No. 01-03, Amendment No. 588) will be available for review after October 31, 2001 by writing the Medicaid Office, Health and Human Services Commission at P.O. Box 13247, Austin, Texas 78711.

TRD-200102881

Andrew Hardin

Chairman

Texas Department of Mental Health and Mental Retardation

Filed: May 23, 2001

The Texas Department of Mental Health and Mental Retardation (department) has scheduled a hearing to accept oral and written testimony from members of the public concerning amendments to §355.451, concerning definitions and general reimbursement information; §355.456, concerning rate setting methodology; and §355.781, concerning rehabilitative services reimbursement methodology.

The amendments were published in the May 18, 2001, issue of the Texas Register (26 TexReg 3580 and 3582) for public review and comment.

The hearing is scheduled for 9:00 a.m., Monday, June 11, 2001, in the department's Central Office Auditorium in Building 2 at 909 West 45th Street, in Austin, Texas. Persons requiring an interpreter for the deaf or hearing impaired should contact the department's Central Office operator at least 72 hours prior to the hearing at TDD (512) 206-5330. Persons requiring other accommodations for a disability should notify Tera Jones at least 72 hours prior to the hearing at (512) 206-5854 or at the TDY phone number of Texas Relay, 1/800-735-2988.

Public comment may be submitted in writing to Steve Lorenzen, director, Medicaid Rates Setting, Health and Human Services Commission, by mail addressed to 4900 North Lamar Blvd., 4th Floor, Austin, Texas 78751, or by facsimile to (512) 424-6585. Comments must be submitted by 5:00 p.m., Monday, June 18, 2001. Further information may be obtained by calling Steve Lorenzen at (512) 424-6633.

TRD-200102791

Andrew Hardin

Chairman, Texas MHMR

Texas Department of Mental Health and Mental Retardation

Filed: May 18, 2001

AGENCIES: Texas Natural Resource Conservation Commission (commission), Texas Parks and Wildlife Department (TPWD), Texas General Land Office (GLO), United States Department of the Interior (DOI), and National Oceanic and Atmospheric Administration (NOAA) (hereafter, Trustees).

ACTION: Notice of availability of a draft restoration plan and environmental assessment for ecological injuries and service losses associated with the Tex Tin Corporation Superfund Site (Site), and of a 30-day period for public comment on the draft plan beginning June 1, 2001.

SUMMARY: Notice is hereby given that a document entitled, "Draft Restoration Plan and Environmental Assessment for the Tex Tin Corporation Superfund Site, Texas City, Galveston County, Texas" (draft RP/EA) is available for public review and comment. This document has been prepared by the Trustees who are the state and federal natural resource trustee agencies to address natural resource injuries and resource service losses of an ecological nature attributable to releases of hazardous substances from the Site. This draft RP/EA presents the Trustees' assessment of the natural resource injuries and service losses attributable to the Site and their proposed plan to compensate for those losses by restoring ecological resources and services.

The opportunity for public review and comment on the draft RP/EA announced in this notice is required under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 United States Code (USC) §9611(i) and parallels the provisions in DOI's natural resource damage assessment regulations found at 43 Code of Federal Regulations (CFR) §§11.32(c), 11.81, and 11.82 and promulgated pursuant to CERCLA.

To receive a copy of the draft RP/EA, interested members of the public are invited to contact Richard Seiler, Texas Natural Resource Conservation Commission, Remediation Division, MC 142, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2523.

DATES: Comments must be submitted to Richard Seiler on or before July 1, 2001, at the address listed in the previous paragraph. The Trustees will consider all written comments prior to finalizing the proposed draft RP/EA.

SUPPLEMENTARY INFORMATION: The Site is located in Texas City, Galveston County, Texas and encompasses releases of hazardous substances from the Site due to previous industrial activities there. The United States Government, acting through now defunct wartime agencies, commissioned the construction of a tin smelting plant at the Site in support of World War II activities. The plant was operated under government contract between 1941 and 1956. The Wah Chang Corporation bought the Site in 1957 and operated the tin smelter for 11 years. Teledyne Corporation purchased Wah Chang Corporation in 1967. In 1968, Teledyne sold the Site to Fred H. Lenway Corporation, which sold the eastern portion to Amoco Chemical Company in 1969. The Gulf Chemical and Metallurgical Company purchased the western portion of the Site from Lenway in 1970. In 1978, the Associated Metals and Minerals Corporation purchased Gulf Chemical. In 1985, Tex Tin Corporation acquired the portion of the Site controlled by Associated Metals and Minerals Corporation. Tex Tin Corporation continued operations at the Site into the early 1990s.

At various times, industrial activities at the Site have included tin ore processing, acid recovery operations, heavy metals recovery, copper washing operations using ammonia, secondary copper smelting, land filling of low-level radioactive materials, and still bottom and waste oil recovery. The smelter complex included a processing area, a small power-generation station, fuel oil tanks, acid tanks, five wastewater treatment ponds, several large abandoned acid ponds, a ferric chloride pond, and numerous slag piles and drums.

Trace metals (aluminum, antimony, arsenic, barium, beryllium, cadmium, chromium, cobalt, copper, iron, lead, manganese, mercury, nickel, silver, tin, vanadium, and zinc) are the primary contaminants at the Site. Polycyclic aromatic hydrocarbons, volatile and semivolatile organic compounds, and polychlorinated biphenyls have been detected at the Site; however, the concentrations of trace metals are relatively higher and consequently drive the assessment of natural resource injuries and service losses.

NOAA, DOI, TPWD, GLO, and the commission are designated natural resource trustees under §107(f) of CERCLA, 42 USC §9607(f); §311 of the Federal Water Pollution Control Act (FWPCA), 33 USC §1321; and other applicable federal or state laws, including Subpart G of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR §§300.600 - 300.615. The Trustees are authorized to act on behalf of the public under these authorities to protect and restore natural resources injured or lost and services lost as a result of discharges or releases of hazardous substances.

Paralleling the Remedial Investigation/Feasibility Study (RI/FS) process for the Site conducted by the United States Environmental Protection Agency (EPA), the Trustees undertook an assessment of the natural resource injuries and service losses attributable to hazardous substances at the Site. The assessment focused on natural resource injuries or service losses of an ecological nature caused by the hazardous substances at the Site based on known contamination and anticipated response actions.

The draft RP/EA released today identifies the information and methods being used to define the natural resource injuries and losses of an ecological nature, including the scale of restoration actions, and identifies preferred restoration actions to restore, replace, or acquire resources or services equivalent to those lost. It also includes an evaluation of the resource injuries and remaining ecological losses, including their corresponding restoration requirements, based on EPA's anticipated remedy. If the remedy selected by EPA differs from EPA's anticipated remedy, then the assessment may not be appropriate and a second and supplemental RP/EA may be required. If the final remedy differs from EPA's anticipated remedy for the Site but not so as to affect the assessment of natural resource injuries and service losses, further RP/EAs will not be needed to complete the restoration planning process for this Site. This information is being included in this notice for review by the public.

For further information, contact Richard Seiler, at (512) 239-2523, email: rseiler@tnrcc.state.tx.us .

TRD-200102853

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 22, 2001

AGENCIES: Texas Natural Resource Conservation Commission (commission) and Texas Parks and Wildlife Department; (collectively the Natural Resource Trustees).

ACTION: Notice of availability of a draft restoration plan for natural resource damages associated with the National Foam Cushion Manufacturing Inc. site (National Foam) in Colorado City, Mitchell County, Texas and of a 30-day period for public comment on the draft plan beginning June 1, 2001.

SUMMARY: Notice is hereby given that a document entitled, " Draft Restoration Plan for National Foam Cushion Manufacturing Inc., Mitchell County, Texas " is available for public review and comment. This document has been prepared by the state natural resource trustee agencies listed in the first paragraph to evaluate restoration alternatives and select the preferred alternative to compensate for potential losses of ecological resources and services as a result of releases of hazardous substances from the National Foam site. The preferred alternative is proposed for implementation using funds recovered by the Trustees as part of a September 1999 bankruptcy settlement of a natural resource damage claim associated with releases of hazardous substances from the National Foam site. The Trustees propose to utilize the $25,000 received from the bankruptcy settlement to restore native prairie at the Maddin Native Prairie and Wildlife Preserve near Colorado City, Mitchell County, Texas.

The opportunity for public review and comment on the draft restoration plan announced in this notice is required under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 United States Code §9611(i) and parallels the provisions included in 43 Code of Federal Regulations §§11.32(c), 11.81, and 11.82 of the federal natural resource damage assessment regulations.

To receive a copy of the draft restoration plan, interested members of the public are invited to contact Richard Seiler of the Texas Natural Resource Conservation Commission, Remediation Division, MC 142, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2523.

DATES: Comments must be submitted to Richard Seiler on or before 5:00 p.m. on July 1, 2001, at the address listed in the previous paragraph. The Natural Resource Trustees will consider all written comments prior to finalizing the proposed draft restoration plan.

SUPPLEMENTARY INFORMATION: The National Foam site is the subject of an Order Granting Joint Motion to Approve Compromise and Settlement Agreement Pursuant to Bankruptcy Rule 9019 , dated September 17, 1999, between National Foam, the Official Unsecured Creditor's Committee, the commission, and State of Texas Natural Resource Damage Trustees. The Trustees filed an unliquidated claim to preserve their potential claim for natural resource damages in the previous mentioned case and received $25,000 to be used to replace, restore, or acquire the equivalent of natural resources injured at the National Foam site.

The National Foam site is located within the city limits of Colorado City, Texas, north of Business I-20 in Mitchell County. In 1990 National Foam purchased the site, which was previously owned by a number of oil refining companies and several foam manufacturers. The site is within the Col-Tex State Superfund Site. National Foam's operations involved bonding or gluing polyurethane scraps into carpet pads and cutting the pads to required dimensions. The facility used hydrocarbons, such as heat exchanger oil, in the manufacturing process to prevent the carpet pads from adhering to the metal forms.

Documentation of releases of hazardous substances to the surface soil began in January 1994. From November 1993 to 1996, National Foam was directed by the staff of the commission to investigate and remediate on-site contamination. Analysis of soil and groundwater samples collected at National Foam in 1995 documented that soils at the site and groundwater beneath the site contained chlorinated compounds and solvents that were known to originate from National Foam operations. In September 1998 the commission's corrective action staff referred the site to the Texas Natural Resource Conservation Commission Superfund Program for further action.

The potentially affected habitat is considered to be upland terrestrial scrub-shrub habitat native to the region. This habitat supports native shrubs, forbs, and grasses. Because of the potential for injury to trust resources caused by releases of hazardous substances, the Natural Resource Trustees are seeking to utilize the $25,000 bankruptcy settlement to compensate for natural resource injuries at the National Foam site.

The draft restoration plan proposes a native prairie habitat project at the Maddin Native Prairie and Wildlife Preserve. This project will result in the creation, restoration, and enhancement of a native prairie habitat comparable to the habitat potentially injured at the National Foam site.

TRD-200102854

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 22, 2001

The following notices were issued during the period of May 7, 2001 through May 11, 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 AMARILLO has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit No. 10392-003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 12,000,000 gallons per day. Authorization for land application of sewage sludge and land disposal of treated effluent have been removed from the draft permit. The facility is located approximately 4 miles east-southeast of the intersection of State Highway Spur 335 (Hollywood Road) and Farm-to-Market Road 1541 (Washington Street) in Randall County, Texas.

CITY OF CORRIGAN has applied for a renewal of TNRCC Permit No. 10787-001, 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 approximately 2,900 feet northeast of the intersection of U.S. Highway 59 and State Highway 352 in Polk County, Texas.

CITY OF CROSBYTON has applied for a renewal of Permit No. 10097-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 264,000 gallons per day via surface irrigation of 518.3 acres of farmland. The facility and disposal site are located approximately 3.0 miles southeast of the intersection of U.S. Highway 82 and Farm-to-Market Road 651 in Crosby County, Texas.

CITY OF GARRISON has applied for a renewal of TNRCC Permit No. 11304-001, 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 0.25 mile east of U.S. Highway 59 and 0.25 mile north of Farm-to-Market Road 138 in the City of Garrison in Nacogdoches County, Texas.

PHILLIPS PETROLEUM COMPANY which operates a rail car cleaning, maintenance, and testing center, has applied for a renewal of Permit No. 02326, which authorizes the disposal of industrial wastewater from the washing and hydrostatic testing of rail cars, boiler blowdown, and feed waste preparation water at a daily average flow not to exceed 1100 gallons per day via evaporation. The proposed draft permit authorizes the discharge of boiler blowdown/zeolite regeneration water and steam condensate (not used in cleaning) at an annual average flow not to exceed 1100 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal area are located at 919 Florida Street, west of Spur Road 246 and south of the Atchison, Topeka, and Santa Fe Railway, in the City of Borger, Hutchinson County, Texas.

CITY OF POINT has applied for a renewal of TPDES Permit No. 10964-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located approximately 2,100 feet east of the intersection of Farm-to-Market Road 47 and U.S. Highway 69 in the City of Point in Rains 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

THE PREMCOR REFINING GROUP, INC. which operates a petroleum bulk storage terminal, has applied for a minor amendment to authorize the discharge of storm water runoff via Outfalls 001, 003, 004 and 005. The existing permit authorizes the discharge of stormwater runoff via Outfalls 001, 002, 003, 004 and 005. The facility is located on West Port Arthur Road, approximately 5.5 miles south-southeast of the City of Beaumont, in Jefferson 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.

BAR 7 CATTLE COMPANY and BROWN CATTLE FEEDERS, INC. have applied for a major amendment of TPDES Registration No. 03799 to authorize the applicant to operate an existing beef cattle facility at a maximum capacity of 8,500 head. The facility is add waste application fields for the application of solid waste to its operation in Deaf Smith County, Texas. No discharge of pollutants into the waters in the state is authorized by this registration except under chronic or catastrophic rainfall conditions. The existing facility is located on the west side of an unnamed County Road about six miles west of Farm-to-Market Road 1412, and eleven miles north of the intersection of Farm-to-Market Road 1412 and Farm-to-Market Road 1058 in Deaf Smith County, Texas.

JOHN MORAN HOWLE, JR. AND ALLENE HOWLE have applied for a renewal of TPDES Wastewater Permit No. WQ0003154-000 for a Concentrated Animal Feeding Operation to authorize the operation of a 940 head dairy operation. The facility is located on Erath County Road 461 approximately 3 miles southwest of the intersection of State Highway 8 and County Road 461 in Erath County, Texas.

M.T. MCCLOY FARMS, LLC has applied for a new TPDES Registration No. WQ00004304-000 to authorize the applicant to operate a new dairy at a maximum capacity of 7,560 head in Hutchinson County, Texas. No discharge of pollutants into the waters in the state is authorized by this registration except under chronic or catastrophic rainfall conditions. The proposed facility is located two and one half miles west of the intersection of FM 1598 and State Highway 136, on the south side of FM 1598 in Hutchinson County, Texas.

TRD-200102758

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 16, 2001

The following notice of application for an amendment to a Certificate of Adjudication was issued on May 11, 2001.

Dove Creek Land and Cattle Co., Ltd., a Texas Limited Partnership, P. O. Box 42, Knickerbocker, Texas, 76939, applicant, seeks an amendment to Certificate of Adjudication No. 14-1261, as amended, pursuant to Chapter 11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC Section 295.1, et seq. Certificate of Adjudication No. 14-1261 authorizes owner to maintain a dam and reservoir on Dove Creek, tributary of the Colorado River, Colorado River Basin, Irion and Tom Green Counties, to impound therein not to exceed 85 acre-feet of water. Owner is also authorized to divert and use not to exceed 1,348 acre-feet of water per annum from a point on the aforesaid reservoir at a rate of 2.0 cfs (900 gpm) for irrigation of 543 acres of land out a larger tract in Irion and Tom Green Counties. Certificate of Adjudication No. 14-1261, as amended, authorizes an increase on the diversion rate from 2.0 cfs (900 gpm) to 5.0 cfs (2,250 gpm) only when the remaining flow of Dove Creek at the U.S.G.S. gage at Knickerbocker, Texas, equals or exceeds 7.0 cfs (3,150 gpm).

The aforesaid tract is lies partially in Irion County and is located in the J. Brandes Survey No. 787, Abstract No. 28, the T. Walker Survey No. 788, Abstract No. 648, the C. Schaefer Survey No. 789, Abstract No. 521, and Survey No. 790, Abstract No.522, and the L. Garret Survey No. 2, Abstract No. 785; and in Tom Green County and is located in the J. Heinrich Survey No. 791, Abstract No. 392, and Survey No. 792, Abstract No. 391, the A. Rompf Survey No. 793, Abstract No. 1826, and Survey No. 794, Abstract No. 1825, and in the L. Garret Survey No. 2, Abstract No. 5248.

The applicants seeks to amend Certificate of Adjudication No. 14-1261, as amended, by adding two diversion points on the west or right bank of Dove Creek located downstream of the currently authorized diversion point. The proposed most upstream diversion point will be located approximately 1.8 miles downstream of the currently authorized diversion point on Latitude 31.2179 degrees N, Longitude 100.6998 degrees W, being N 31.25 degrees W, 3,440 feet from the southeast corner of the C. Schaefer Survey No. 789, Abstract No. 785. The most downstream proposed diversion point will be located approximately 3.4 miles downstream of the currently authorized diversion point on Latitude 31.2364 degrees N, Longitude 100.6843 degrees W, being N 17.63 degrees E, 10,100 feet from the southeast corner of the C. Schaefer Survey No. 789, Abstract No. 785.

The current special conditions in amendment 14-1261A, issued on April 27, 1992, that were established to address the increase in the diversion rate will no longer be necessary and appropriate for purposes of the proposed amendment. The amendment, if granted, will include special conditions that will state that the applicant will be allowed to divert water at any diversion point at a maximum rate of not to exceed 2.0 cfs (900 gpm). In addition, the two proposed diversion points and the existing diversion point will not be authorized to operate in a simultaneous mode.

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 Wednesday, May 30, 2001. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by Wednesday, May 30, 2001. The Executive Director may approve the application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions in the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the amendment and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087 by May 30, 2001. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1- 800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200102756

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 16, 2001

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on May 10, 2001. Executive Director of the Texas Natural Resource Conservation Commission, Petitioner v. Rhohay Ratsamy; Respondent; SOAH Docket No.582-01-2165; TNRCC Docket No. 2000-0046-PST-E. In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC PO Box 13087, Austin Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200102757

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: May 16, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 14, 2001, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Ganoco, Inc., doing business as American Dial Tone for a Service Provider Certificate of Operating Authority, Docket Number 24108 before the Public Utility Commission of Texas.

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

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than June 6, 2001. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200102765

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 17, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 15, 2001, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of CommCentral, Inc., doing business as CommCentral for a Service Provider Certificate of Operating Authority, Docket Number 24109 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than June 6, 2001. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200102787

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 18, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on April 10, 2001, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Point Exchange for Expanded Local Calling Service, Project Number 23949.

The petitioners in the Point Exchange request ELCS to the exchanges of Sulphur Springs, Terrell, and Wills Point.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than June 15, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200102832

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 21, 2001

On May 18, 2001, Southwestern Bell Telephone Company and Western Wireless Corporation, 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 24135. 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 24135. 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 June 18, 2001, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 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 24135.

TRD-200102856

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 23, 2001

On May 15, 2001, United Telephone Company of Texas, Inc., doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint), and Focal Communications Corporation of Texas, 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 24111. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24111. 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 June 14, 2001, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 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 24111.

TRD-200102759

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2001

On May 15, 2001, United Telephone Company of Texas, Inc., doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint), and Zephion Networks Communications, 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 24112. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24112. 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 June 14, 2001, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 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 24112.

TRD-200102760

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2001

On May 15, 2001, United Telephone Company of Texas, Inc., doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint), and Diamond Telco, 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 24113. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24113. 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 June 14, 2001, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 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 24113.

TRD-200102761

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2001

On May 15, 2001, United Telephone Company of Texas, Inc., doing business as Sprint, Central Telephone Company of Texas, doing business as Sprint (collectively, Sprint), and PhoneSense, a division of JCA, 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 24114. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24114. 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 June 14, 2001, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 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 24114.

TRD-200102762

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2001

On May 16, 2001, KCC Telcom, Inc. doing business as K2C and Verizon Southwest, 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 24119. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24119. 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 June 18, 2001, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 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 24119.

TRD-200102857

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 23, 2001

Request for Proposals for expert witness services in Docket Number 22652, State Office of Administrative Hearings (SOAH) Docket Number 473-00-1968, Remand of Docket 9300 (Application of Texas Utilities Electric Company for Authority to Change Rates).

A Request for Proposals will be issued in Docket Number 22652 on June 1, 2001 pursuant to the commission's delegated authority under Texas Government Code Annotated §2155.132 and Texas Utilities Code Annotated §14.001.

Eligible Proposers must be neutral and impartial to opposing parties in Docket Number 22652, and must not have direct financial interest in the provision of electric service in the state of Texas. Appearance and testimony by the proposer must not violate the ethics provisions of the Public Utility Regulatory Act, including Texas Utilities Code §12.155 or §13.043 related to prior employment with the Public Utility Commission of Texas. Persons who assisted in the development of the scope of work are not eligible to submit proposals for this project. Entities that meet the definition of a Historically Underutilized Business (HUB), as defined in Chapter 2161, Texas Government Code, §2161.001, are encouraged to submit a response.

Project Description. The commission seeks expert witness services to assist in the evaluation of whether the amount paid by TXU to repurchase minority interests, including litigation and fuel repurchase costs, meets the prudent investment standard. The expert will not need to consider whether repurchase in general was a prudent course of action. The commission has previously determined in Docket Number 9300 that settling the minority owner litigation was reasonable from TXU's perspective. The commission has not, however, yet determined whether the terms of the settlement represent a prudent investment on the part of TXU.

Selection Criteria. The proposal will be evaluated based on the ability of the proposer to provide the best value to the state and the proposer's ability to provide the requested services. In addition to the proposer's ability to carry out all of the requirements contained in the RFP, demonstrated competence and qualifications of the proposer and the reasonableness of the proposed fee will be considered. When other considerations are equal, preference will be given to a proposer whose primary place of business is in Texas or who will manage the project wholly from its offices in Texas. The commission shall also give a preference among proposals that are otherwise comparable, to a proposal submitted by a HUB. Evaluation criteria will include, but are not limited to: experience in evaluating prudent investments; experience with the electric utility industry; qualifications and experience of assigned personnel; evidence or examples of prior expert witness services; the total estimated fee and a detailed breakdown of the basis used to develop such estimate; the existence of potential conflicts of interest; and other general evidence of ability to perform the required services.

Requesting a copy of the request for proposals. A complete copy of the RFP for expert witness services may be obtained by writing Terri Eaton, Legal Division, Public Utility Commission, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701, or terri.eaton@puc.state.tx.us, or calling (512) 936-7271. The RFP will be available June 1, 2001. You may also download the RFP from the commission website www.puc.state.tx.us, under "What's New", and from the electronic business daily website sponsored by the Texas Department of Economic Development at www.marketplace.state.tx.us.

For Further Information. You may request clarifying information in writing only. For clarifying information about the RFP, contact Terri Eaton, Legal Division, Public Utility Commission, P.O. Box 13326, Austin, Texas 78711-3326, fax (512) 936-7268, or terri.eaton@puc.state.tx.us.

Deadline for Receipt of Responses. Responses must be filed under seal with a cover letter for filing in Docket Number 22652 and received no later than 3:00 p.m. on June 15, 2001, in Central Records, room G-113, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Central Records is open for filing between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on state holidays. Regardless of the method of submission of the response, the commission will rely solely on the time/date stamp of the Central Records Division in establishing the time and date of receipt.

TRD-200102870

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 23, 2001

The Aviation Division of the Texas Department of Transportation (TxDOT), intends to engage Aviation Professional Engineering/Planning Firms for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT Aviation Division will solicit and receive proposals for professional services as described below:

Airport Sponsor: Fort Bend County TxDOT CSJ No.: 0112ARCOLA

Background:

Constructed and opened in 1978, Houston Southwest Airport (AXH) since 1988 has been owned and operated by Tejas Avco as a public use general aviation airport. The airport has one runway (5000') in the east west direction, related taxiways and apron, 21 storage hangars, 40 T-hangars, 165 based aircraft, four flight schools and one FBO operated by Tejas Avco. The non-airfield area is subdivided into lots of which 50% are owned by Tejas Avco and the rest by individual owners. In 1995 the airport was divided between two corporations with the same shareholders, Tejas Avco and Arcola Aviation.

AXH is in the Houston Galveston Area Council (HGAC) Airport System Plan and is characterized as a general aviation airport. Although a master plan meeting Federal Aviation Administration (FAA) guidelines has not been undertaken, studies exploring alternative capital improvement scenarios have been completed by the owner. These identify the order of magnitude of improvements required to bring the airport to FAA standards and to enhance its viability to attract corporate aviation.

During its ownership Tejas Avco/Arcola Aviation has made, to the extent feasible, limited investments in capital improvements, maintenance projects and when possible consolidated the ownership by purchasing lots and hangars which have become available. However, earnings from the airport have not supported the required level of maintenance and the needed capital projects to expand and enhance the operational aspects of AXH. Accordingly both have been deferred and postponed to the extent that the condition of AXH is fast approaching a critical point. Failure to undertake them will result in a deterioration of the airport to a substandard condition.

The owner has offered to sell the basic aeronautical infrastructure of AXH to Fort Bend County as opposed to seeking other alternatives to dispose of the airport. Because of the importance of the airport to the local community and to this area of the County, the County Commissioners Court after discussions with the owner, the Fort Bend Economic Council, FAA, and TxDOT have decided to explore and to assess the feasibility of this option.

Study Objective:

The objective of the proposed study is to complete the analyses required to prepare documents and strategies which allow the County Commissioners Court to assess and evaluate the acquisition and development of a publicly-owned airport located in east Fort Bend County to serve the immediate and long term needs of the southwest metropolitan Houston area.

Scope of Services:

To accomplish this objective the selected respondent shall perform the following specialized professional services:

· Forecast the general aviation demand for the service area.

· Define the size and type of airport needed to accommodate current and projected demand.

· Identify potential sites in east Fort Bend, including AXH, for airport development.

· Conduct for the selected sites, including AXH, a comparative review of air space, road access (to downtown Houston and other economic centers), economic and financial feasibility, and potential environmental consequences.

· Recommend a preferred site.

· Prepare master plan, including an ALP, Environmental Assessment, and economic impact of the airport on the area.

· Prepare financial analysis including appraisals to acquire land, develop and maintain the airport.

· Prepare alternative approaches to management and operation of the airport.

The Proposal shall include:

1. Firm name, address, phone number, and name of person to contact regarding the proposal.

2. Proposed project management structure delineating key personnel and subconsultants (if any) and the role of each.

3. Qualifications and recent, relevant experience (past five years) of the firm, key personnel and subconsultants relative to the performance of recent, relevant similar services for aviation/airport planning studies.

4. Proposed project schedule, including major tasks and target completion dates.

5. Technical approach--a detailed discussion of the tasks or steps to accomplish the project.

6. List of references including the name, address, and phone number of the person most closely associated with the firm's prior performance of similar projects (within the last five years).

7. Statement regarding an Affirmative Action Program.

8. Proposed Disadvantaged Business Enterprise (DBE) participation.

Criteria for Evaluating Firms:

The following criteria will serve as a guideline to evaluate proposals submitted by interested firms; however, the Selection Committee may develop additional evaluation criteria and weighted values, if desired. The Selection Committee, after review of the proposals, will assign points to each of the criteria for each firm on a rating sheet to determine the recommended firm.

1. Recent experience, within the last five years, in the performance of airport planning projects comparable to the proposed project.

2. Reputation for personal and professional integrity, competence, timeliness, and quality of performance and work product.

3. Professional qualifications of key personnel assigned to this project relevant to the work to be performed.

4. Capability to meet the schedules and deadlines of this project.

5. Evidence of a technical approach sufficient to address the requirements of this project.

Proposal Submission:

Those interested firms should submit 10 copies of proposals consisting of no more than 10 pages (one side only) to provide the required information for the project. This does not include promotional material or other brochures, which may be included in addition to the ten pages. Proposals must be postmarked by U. S. Mail by midnight June 28, 2001. Mailing address: TxDOT, Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. on June 29, 2001; overnight address: TxDOT, Aviation Division, 200 East Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. June 29 2001; hand delivery address: 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Proposals received after the times specified above shall be returned unopened and not considered.

The Selection Committee appointed by the county judge will review all proposals received on time and meeting the requirements of this RFP. The Committee may select a recommended firm or short list two or more of the firms to make oral presentations to the Committee after which the Committee will select a recommended firm. Technical questions regarding this RFP must be submitted in writing to the Sponsor with a copy to the TxDOT project manager at addresses noted as follows before June 14, 2001. Questions will be answered at the sole discretion of the Sponsor and TxDOT and answers will be posted on the TxDOT web site listed under Fort Bend County.

http://www.dot.state.tx.us/insdtdot/orgchart/avn/avninfo/notice/consult/index.htm

or

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

Click on Aviation , then click on Notice to Consultants

For procedural questions, please call Linda Howard at (512) 416-4540.

TxDOT and the Sponsor reserve the right to reject any or all proposals, request additional information from the firms, request clarification from firms about their proposals, and to reopen the selection process.

The DBE goal for this project shall be 10%.

The Sponsor's contact name and contact information:

Fort Bend County

C/O Paul B. Gaines

2808 Virginia, Suite 2

Houston, Texas 77098

(713) 874-1301

gainespb@compuserve.com

The TxDOT project manager and contact information:

Linda Howard

Director, Planning and Programming

TxDOT Aviation Division

125 East 11th Street

Austin, Texas 78701-2483

lhoward@dot.state.tx.us

TRD-200102871

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 23, 2001