TITLE in-addition

Office of the Attorney General

Texas Clean Air Act and Texas Solid Waste Disposal Act Settlement Notice

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

Case Title and Court: Harris County, Texas and the State of Texas acting by and through the Texas Natural Resource Conservation Commission, A Necessary and Indispensable Party-Plaintiff v. Jason House and Joshua House, d/b/a Compost Works, and JLH Land Investments Corporation , Cause No. 2002-07696 in the 125th District Court, Travis County, Texas.

Nature of Defendant's Operations: Defendants Jason House and Joshua House, and JLH Land Investments Corporation for alleged violations relating to illegal outdoor burning and also for alleged violations related to the accumulation and storage of municipal solid waste at the Site. The suit seeks a permanent injunction, civil penalties, and attorney's fees.

Proposed Agreed Judgment: The Permanent Injunction permanently enjoins all Defendants from accepting solid waste at the site, from doing business at the site that is related to Chapter 232 of the Texas Administrative Code including but not limited to recycling, composting and mulching. Further, the Defendants are to properly dispose of the Solid waste currently on the site within sixty (60) days of the date the Court signs the Judgment. Defendant shall pay $56,802.00 in civil penalties, $13,000.00 in attorney fees and $198.00 in court costs.

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

For information regarding this publication, please contact A. G. Younger at 512-463-2110.

TRD-200205451

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: August 20, 2002


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were deemed administratively complete for the following projects(s) during the period of August 9, 2002, through August 15, 2002. The public comment period for these projects will close at 5:00 p.m. on September 20, 2002.

FEDERAL AGENCY ACTIONS:

Applicant: Byron H. Davis; Location: The project is located south of Dollar Bay and the Texas City Rainwater Channel on the northern side of Texas City in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Texas City, Texas. Approximate UTM Coordinates: Zone 15; Easting: 315000; Northing: 3255100. Project Description: The applicant has requested an amendment to fill 4 adjacent freshwater wetlands totaling approximately 1.23 acres during development of a 107-lot residential subdivision. Approximately 100,000 cubic yards of fill material would be mechanically excavated from a proposed 7.4-acre compensatory mitigation area adjacent to the Texas City Rainwater Channel and would be used to raise the elevation on the 97-acre tract. The applicant would also fill 7 isolated wetlands totaling approximately 4.7 acres. Stockpiled topsoil from the wetlands would be placed in the excavated compensatory mitigation area to provide a seed source for the creation of 7.4 acres of wetland habitat. The compensatory mitigation area would have 70% areal coverage of wetland vegetation within 2 years after initial creation. An 8-acre lake would be created in the proposed subdivision to contain rainfall runoff. Native wetland plants would be planted on the 8-foot-wide shelf to provide fish and wildlife habitat. The lake would drain into the Texas City Rainfall Channel via a drop structure. The drainage pipe would outfall onto a solid bed of concrete riprap. CCC Project No.: 02-0238-F1; Type of Application: U.S.A.C.E. permit application #20852(04) is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: TEPPCO; Location: The project is located in wetlands near Cedar Bayou approximately 1 mile north of Interstate 10 and 1.8 miles west of State Highway 146 in Mont Belvieu in Chambers County, Texas. The project site is in a heavy industrial-use area that is isolated and accessible by gated private roads. The TEPPCO Mont Belvieu South Terminal Facility Office is at 10943 Highway 146 North. The project can be located on the U.S.G.S. quadrangle map entitled Mont Belvieu, Texas. Approximate UTM Coordinates: Zone 15; Easting: 314000; Northing: 3302000. Project Description: The applicant proposes to fill approximately 5.34 acres of adjacent wetlands during activities associated with construction of a proposed leveed, double-lined, 24.5-acre Brine Pond No. 5. The brine pond would store brine used to manage placement or removal of hydrocarbon product within an existing underground hydrocarbon storage facility. The applicant proposes to excavate an 8.7-acre borrow pit to obtain clay for construction of a proposed 1.5-acre access road, 0.1-acre pump pad, and the brine pond. Soil would be removed within the footprint of the proposed brine pond and shaped into the embankment. The interior of the brine pond would be graded and sloped to provide drainage for 2 high-density polypropylene liners and a leak detection system. An access road would be constructed around the perimeter of the brine pond to service flare, brine pipeline, and pump equipment areas. As compensatory mitigation, the entire 8.7-acre borrow pit would be converted to freshwater wetlands. CCC Project No.: 02-0239-F1; Type of Application: U.S.A.C.E. permit application #22602 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

Applicant: Williams Production; Location: The project is located in wetlands adjacent to Taylor Bayou approximately 8.5 miles east of Winnie, Texas on Highway 73 in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Alligator Hole Marsh, Texas. Approximate UTM Coordinates: Zone 15; Easting: 383709; Northing: 3301416. Project Description: The applicant proposes to construct a well site to explore and drill for oil and gas. Board mats would be used to construct a 400-foot by 400-foot drilling pad. A ring levee would be constructed with fill material excavated from adjacent locations. A 32-foot-long by 12-foot-wide access road would be required. The road would be required to be built up using excavated material from the adjacent areas. The impact area for the project is approximately 3.67 acres. CCC Project No.: 02-0246-F1; Type of Application: U.S.A.C.E. permit application #22731 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

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

Further information on the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200205470

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: August 21, 2002


Comptroller of Public Accounts

Correction of Error

The Comptroller of Public Accounts proposed amendments to 34 TAC §5.57, concerning the use of credit cards by state agencies. The proposal was published in the August 9, 2002, issue of the Texas Register (27 TexReg 7049).

Due to an error by the Texas Register, incorrect text was published in subsection (g)(6)(C) on page 7050. The subparagraph should read as follows.

(C) Family Code, §231.007.

TRD-200205571


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in 303.003, 303.009, and 304.003, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 08/26/02 - 09/01/02 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 08/26/02 - 09/01/02 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 09/01/02 - 09/30/02 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 09/01/02 - 09/30/02 is 10% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200205446

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: August 20, 2002


Credit Union Department

Application(s) to Expand Field of Membership

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

An application was received from Lone Star Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons who live and/or work in and business entities within the geographical boundaries identified as: Highway 75 (Central Expressway) North from Highway Interstate 30, to Woodall Rodgers Freeway, then Southwest to Highway Interstate 35E (Stemmons Freeway) then, South to Highway Interstate 30, to be eligible for membership in the credit union.

An application was received from Members Choice Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of ConocoPhillips and its subsidiaries, affiliates, or successors to be eligible for membership in the credit union.

An application was received from Texas Employees Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit employees of Joel H. Klein & Associates, San Antonio, Texas, to be eligible for membership in the credit union.

An application was received from United Savers Trust Credit Union, Houston, Texas, to expand its field of membership. The proposal would permit employees of LSI-SGI Graphics Incorporated, Houston, Texas, to be eligible for membership in the credit union.

An application was received from Denton Area Teachers Credit Union, Denton, Texas, to expand its field of membership. The proposal would permit persons who live, work, attend school, and businesses and other legal entities within the boundaries of Cooke County, Texas.

An application was received from Capitol Credit Union, Austin, Texas, to expand its field of membership. The proposal would permit employees of Michael Angelos Food Manufacturing Company, Austin, Texas, to be eligible for membership in the credit union.

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

TRD-200205471

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 21, 2002


Notice of Final Action Taken

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

Application(s) to Expand Field of Membership - Approved

Kraft America Credit Union, Garland, Texas - See Texas Register issue dated May 31, 2002.

TRD-200205472

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 21, 2002


Texas Department of Criminal Justice

Notice to Bidders

The Texas Department of Criminal Justice invites bids for the construction of a new Laundry Facility at the Carol Young (formerly SMRF) Medical Facility at 5509 Attwater Ave., (Galveston County) Texas City, Texas. The work includes architectural, mechanical, electrical, plumbing, pre-engineered metal building and related site work as further shown in the Contract Documents prepared by O'Connell Robertson & Assoc., Inc.

The successful bidder will be required to meet the following requirements and submit evidence within five (5) days after receiving notice of intent to award from the Owner:

A. Contractor must have a minimum of five (5) consecutive years of experience as a General Contractor and provide references for at least three (3) projects that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

C. Contractors are required to submit a HUB Subcontracting Plan as detailed in Exhibit I. Failure to submit a completed HUB Subcontracting Plan will result in the bid being rejected from further consideration.

All Bid Proposals must be accompanied by a Bid Deposit in the amount of 5% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $75.00 (seventy-five dollars), (non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer :

O'Connell Robertson & Assoc., Inc., 811 Barton Springs Road, Ste. 900, Austin, Texas 78704

Attn: Noel Robertson; Phone: 512-478-7286; Fax: 512-478-7441

A Pre-Bid conference will be held at 11:00 AM on September 9, 2002 at the Carol Young Medical Facility, located at 5509 Attwater Ave., Texas City, Texas, followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND. Directions to the unit location are included as Exhibit 2.

Bids will be publicly opened and read at 2:00 PM on September 19, 2002, in the Contracts and Procurement Conference Room located in the West Hill Mall, Suite 525, Two Financial Plaza, Huntsville, Texas.

The Texas Department of Criminal Justice requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 26.1% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200205311

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: August 16, 2002


Notice to Bidders

The Texas Youth Commission invites bids for the Renovation of the Giddings State School at Giddings, Texas. The project consists of miscellaneous grading revisions, and replacement of existing roads, replacement of the existing built up roofing including tear-off of the existing roof, and flashing repairs, installation of CMU access doors and panels, ceramic tile flooring and ceiling repairs, removal and replacement of light fixtures, installation of three new detention showers, removal of existing wood dormers associated roof repairs and exhaust fan hood repairs, at the existing Giddings State School, P. O. Box 600, Hwy 290, Giddings, Texas 78942. The work includes Earthwork, Excavation, Grading, Paving, Masonry, Metal Fabrication, Carpentry, Roofing, Sanitary Drainage, Tile Work, and Painting as further shown in the Contract Documents prepared by: ROFDW Architects, Dallas, Texas.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

Contractor must have a minimum of five (5) consecutive years of experience as a General Contractor and provide references for at least two projects within the last five years that have been completed of a dollar value and complexity equal to or greater than the proposed project.

Contractor must be bondable and insurable at the levels required.

All Bid must be accompanied by a Bid Guarantee in the amount of 5% of greatest amount bid. Bid Guarantee may be in the form of a Bid Deposit or Certified Check. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $60.00 (Sixty Dollars, NON REFUNDABLE) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer:

Larry E. Janousek, ROFDW Architects, 703 McKinney, Suite 401, Dallas, Texas 75202 Phone: (214) 871-0616; FAX: (214) 954-0855

A Pre-Bid conference will be held at 1:00PM on September 10, 2002 at the Giddings State School, Giddings, Texas, followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.

Bids will be publicly opened and read at 2:00PM on September 24, 2002 , in the Contracts and Procurement Conference Room located in the West Hill Mall, Suite 525, Two Financial Plaza, Huntsville, Texas. The Texas Youth Commission requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 26.2% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200205395

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: August 16, 2002


Interagency Council on Early Childhood Intervention

Notification of Request for Proposals

Notice of Invitation. The Interagency Council on Early Childhood Intervention (ECI) is soliciting proposals from Certified Public Accountants or Certified Internal Auditors with at least two years of experience with state government activities to provide internal auditing services to ECI. The contract is expected to begin November 1, 2002 and will continue through August 31, 2003. The Texas Internal Auditing Act, Texas Government Code, §2102, details internal auditing responsibilities.

Contact Person. The RFP is available to all interested providers upon written request to Ellen Baker, Interagency Council on Early Childhood Intervention, 4900 North Lamar, Suite 2110, Austin, Texas 78751-2399. A copy may also be obtained by calling (512) 424-6824 or by visiting the ECI office. Questions should be directed to Ellen Baker at (512) 424-6761.

Closing Date. All proposals to be considered must be received in the ECI administrative office by 5:00 p.m. on September 30, 2002. ECI reserves the right to reject all proposals if necessary.

Selection Criteria. Proposals will be evaluated based on the following: experience with state government activities, plan of implementation for providing audit services, and reasonableness of hourly fee and estimated number of hours. Review teams will make recommendations to the ECI Board for approval or denial of proposals received.

TRD-200205473

Mary Elder

Executive Director

Interagency Council on Early Childhood Intervention

Filed: August 21, 2002


Texas Education Agency

Request for Applications Concerning 2003-2004 Investment Capital Fund Grant Program: Improving Student Achievement through Staff Development and Parent Training for Campus Deregulation and Restructuring

Eligible Applicants. This is a campus-level grant. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-02-033 from public school districts and open-enrollment charter schools applying on behalf of individual campuses. A school must have demonstrated a commitment to campus deregulation and to restructuring educational practices and conditions at the school by entering into a partnership with TEA and with school staff, parents of students at the school, community and business leaders, school district officers, and a nonprofit, community-based organization that has a demonstrated capacity to train, develop, and organize parents and community leaders into a large, nonpartisan constituency that will hold the school and the school district accountable for achieving high academic standards. A separate application, specific to the applying campus, must be submitted for each grant.

Description. The primary objective of this grant is to improve student achievement through deregulation and restructuring that includes staff development, parent and community training, and may also include strategies designed to enrich or extend student learning experiences outside the regular school day. The applicant must identify local needs and provide strategies and activities to address those needs by meeting all of the program goals: train school staff, parents, and community leaders to understand academic standards; develop effective strategies to improve student performance; and organize a large constituency of parents and community leaders that will hold the school and the school district accountable for achieving high academic standards.

Dates of Project. The Investment Capital Fund Grant will be implemented and carried out during the 2003-2004 school year. Applicants should plan for a starting date of no earlier than May 1, 2003, and an ending date of no later than July 31, 2004.

Project Amount. Funding will be provided for approximately 140 projects. Applicants may apply for up to $50,000 for each grant submitted on behalf of an individual campus.

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

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

Requesting the Application. A complete copy of RFA # 701-02-033 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact the Ellsworth Schave, Director, School Improvement Initiatives Unit, TEA, (512) 936-2589.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, November 7, 2002, to be considered for funding.

TRD-200205484

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: August 21, 2002


Texas Department of Health

Licensing Actions for Radioactive Materials

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TRD-200205466

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 21, 2002


Notice of Fees Charged for Health Care Information

The Texas Department of Health licenses general and special hospitals in accordance with the Health and Safety Code, Chapter 241. In 1995, the Texas Legislature amended the law to address the release and confidentiality of health care information. In accordance with §241.154(e) of the Health and Safety Code, the fee for providing a patient's health care information has been adjusted 1.3% to reflect the most recent changes to the consumer price index as published by the Bureau of Labor Statistics (BLS) of the United States Department of Labor. The BLS measures the average changes in prices of goods and services purchased by urban wage earners and clerical workers.

With the adjustment, the fee may not exceed the sum of:

(1) a basic retrieval or processing fee, which must include the fee for providing the first ten pages of copies and which may not exceed $35.30; and

a charge for each page of:

$1.18 for the 11th through the 60th page of provided copies;

$.59 for the 61st through the 400th page of provided copies;

$.30 for any remaining pages of the provided copies; and

the actual cost of mailing, shipping, or otherwise delivering the provided copies; or

(2) if the requested records are stored on any microform or other electronic medium, a retrieval or processing fee, which must include the fee for providing the first ten pages of the copies and which may not exceed $52.96; and

$1.18 per page thereafter; and

the actual cost of mailing, shipping, or otherwise delivering the provided copies.

This is published only as a courtesy to licensed hospitals. Hospitals are responsible for verifying that any fees charged for health care information are in accordance with the Health and Safety Code, Chapter 241.

Contact Information

If you have any questions, please contact John M. Evans Jr., Hospital Licensing Director, Health Facility and Compliance Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas, telephone (512) 834-6648.

TRD-200205483

Susan Steeg

General Counsel

Texas Department of Health

Filed: August 21, 2002


Notice of the Establishment of the List of Immediate Precursors

Pursuant to the Texas Controlled Substances Act, Health and Safety Code, §481.02(22), the Commissioner has designated a list of Immediate Precursors.

The Director of the Department of Public Safety determined that public health and welfare are jeopardized by evidenced proliferation or use of the following chemical substances in the illicit manufacture of controlled substances or controlled substance analogues: methylamine, ethylamine, D-lysergic acid, ergotamine tartrate, diethyl malonate, malonic acid, ethyl malonate, barbituric acid, piperidine, N-acetylanthranilic acid, pyrrolidine, phenylacetic acid, anthranilic acid, ephedrine, pseudoephedrine, norpseudoephedrine, phenylpropanolamine, red phosphorus, and hypophosphorous acid.

The Administrator of the Drug Enforcement Agency has determined that the following substances, in addition to legitimate uses, are used in manufacturing controlled substances in violation of the Federal Controlled Substances Act, and are important to the manufacture of controlled substances: anthranilic acid, its esters, and its salts; benzyl cyanide; ephedrine, its salts, optical isomers, and salts of optical isomers; ergonovine and its salts; ergotamine and its salts; N-Acetylanthranilic acid, its esters, and its salts; norpseudoephedrine, its salts, optical isomers, and salts of optical isomers; phenylacetic acid, its esters, and its salts; phenylpropanolamine, its salts, optical isomers, and salts of optical isomers; piperidine and its salts; pseudoephedrine, its salts, optical isomers, and salts of optical isomers; 3,4-Methylenedioxyphenyl-2-propanone; methylamine and its salts; ethylamine and its salts; propionic anhydride; isosafrole; safrole; piperonal; N-Methylephedrine, its salts, optical isomers, and salts of optical isomers; N-Methylpseudoephedrine, its salts, optical isomers, and salts of optical isomers; hydriodic acid (alternative spelling: hydriotic acid); benzaldehyde; nitroethane; gamma-butyrolactone (Other names include: GBL; Dihydro-2(3H)-furanone; 1,2-Butanolide; 1,4-Butanolide; 4-Hydroxybutanoic acid lactone; gamma-hydroxybutyric acid lactone); red phosphorus; white phosphorus (Other names: yellow phosphorus); hypophosphorous acid and its salts(including ammonium hypophosphite, calcium hypophosphite, iron hypophosphite, potassium hypophosphite, manganese hypophosphite, magnesium hypophosphite, and sodium hypophosphite); acetic anhydride; acetone; benzyl chloride; ethyl ether; potassium permanganate; 2-Butanone (or methyl ethyl ketone or MEK); toluene; hydrochloric acid (including anhydrous hydrogen chloride); sulfuric acid; methyl isobutyl ketone (MIBK); and iodine.

These substances have been found to be Immediate Precursors and this action is based upon the following reasons:

(1) the substances are principal compounds commonly used or produced primarily for use in the manufacture of controlled substances;

(2) the substances are immediate chemical intermediaries used or likely to be used in the manufacture of controlled substances; and

(3) the substances require control to prevent, curtail, or limit the manufacture of controlled substances.

Pursuant to The Texas Controlled Substances Act, Health and Safety Code, §481.02(22), and in my capacity as Commissioner of the Texas Department of Health, I do hereby order that the List of Immediate Precursors is established as follows:

IMMEDIATE PRECURSORS

Acetic anhydride;

Acetone;

Anthranilic acid, its esters, and its salts;

Barbituric acid;

Benzaldehyde;

Benzyl chloride;

Benzyl cyanide;

2-Butanone (or Methyl Ethyl Ketone or MEK);

D-lysergic acid;

Diethyl malonate;

Malonic acid;

Ephedrine, its salts, optical isomers, and salts of optical isomers;

Ergonovine and its salts;

Ergotamine and its salts;

Ethyl malonate;

Ethylamine and its salts;

Ethyl ether;

Gamma-Butyrolactone (Other names include: GBL; Dihydro-2(3H)-furanone; 1,2-Butanolide; 1,4-Butanolide; 4-Hydroxybutanoic acid lactone; gamma-hydroxybutyric acid lactone);

Hydrochloric acid (including anhydrous hydrogen chloride);

Hydriodic acid (alternative spelling: hydriotic acid);

Hypophosphorous acid and its salts (including ammonium hypophosphite, calcium hypophosphite, iron hypophosphite, potassium hypophosphite, manganese hypophosphite, magnesium hypophosphite, and sodium hypophosphite;Iodine;

Isosafrole;

Methyl Isobutyl Ketone (MIBK);

Methylamine and its salts;

3,4-Methylenedioxyphenyl-2-propanone;

N-Acetylanthranilic acid, its esters, and its salts;

N-Methylephedrine, its salts, optical isomers, and salts of optical isomers;

N-Methylpseudoephedrine, its salts, optical isomers, and salts of optical isomers;

Nitroethane;

Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers;

Phenylacetic acid, its esters, and its salts;

Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers;

Piperidine and its salts;

Piperonal;

Potassium permanganate;

Pseudoephedrine, its salts, optical isomers, and salts of optical isomers;

Propionic anhydride;

Pyrrolidine;

Red Phosphorus;

Safrole;

Sulfuric acid;

Toluene; and

White phosphorus (Other names: Yellow Phosphorus).

The order was signed by Eduardo J. Sanchez, M.D., M.P.H., Commissioner of Health, on August 12, 2002, in Austin, Texas.

TRD-200205482

Susan Steeg

General Counsel

Texas Department of Health

Filed: August 21, 2002


Texas Department of Housing and Community Affairs

Notice of Public Hearing

Multifamily Housing Revenue Bonds (Cutten Forest Apartments) Series 2002

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Moore Elementary School located at 13734 Lakewood Forest Drive, Houston, Texas 77070 at 6:00 p.m. on September 18, 2002 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $12,500,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Cutten Forest Partners, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing project (the "Project") described as follows: 208-unit multifamily residential rental development to be constructed on approximately 16.72 acres of land located at the northwest intersection of Cutten Road and Cypresswood Drive in Houston, Harris County, Texas 77070. The project will be initially owned and operated by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872 and/or ronion@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robert Onion prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at 1 (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200205465

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: August 21, 2002


Program Proposed Amendment

Announcement of Public Comment Period and Public Hearings on the TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS HOME Program Proposed Amendment to the 2002 State of Texas Consolidated Plan -- One Year Action Plan

The Texas Department of Housing and Community Affairs (TDHCA) proposes an amendment to its 2002 State of Texas Consolidated Plan- One Year Action Plan (the Plan) for the HOME Investment Partnerships Program (HOME). There will be a 32-day comment period on this proposed amendment beginning on August 30th, 2002, and ending at 12:00 p.m. September 30, 2002. In addition there will be two public hearings to allow for public comment. The Plan is submitted in compliance with 24 CFR 91.320 Consolidated Plan submissions for Community Planning and Development Programs.

The State of Texas HOME Program proposes combining the annual HUD allocation for Program Year 2002 and 2003 totaling an approximate $78,000,000 (less $216,000 for the Washington County/Brazos Valley Consortium). Applications for and allocation of funding for the Homebuyer Assistance, Owner-Occupied Housing Assistance, and Tenant Based Rental Assistance for both PY 2002 and 2003 will be available during an upcoming Spring 2003 funding cycle.

TDHCA has traditionally held a competitive cycle each program year. The combined allocation will allow Department staff to focus on improvement to program processes and implement new procedures for future funding allocations.

Two public hearings will be held during the public comment period to solicit comments on the proposed amendment. September 10th , 2:00, TDHCA Board Room, 507 Sabine, Austin, TX, 78701 and September 13th , 10:30, Dallas City Hall, 1500 Marilla, Rm L1FN, Dallas, TX 75201, (214) 670-4238

Individuals who require auxiliary aids or services should contact Gina Esteves, ADA Responsible Employee, at least two days before the scheduled hearing, at (512) 475-3943, or Relay Texas at 1-800-735-2989, so that appropriate arrangements can be made.

Written comment is encouraged and should be sent to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin TX 78711-3941 or by phone: (512) 475-4595, fax: (512) 475-3746, or email at clandry@tdhca.state.tx.us.

TRD-200205485

Edwina Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: August 21, 2002


Texas Department of Insurance

Company Licensing

Application to change the name of INDUSTRIAL COUNTY MUTUAL INSURANCE COMPANY, to AAA TEXAS COUNTY MUTUAL INSURANCE COMPANY a foreign fire and/or casualty company. The home office is in Costa Mesa, California.

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

TRD-200205486

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 21, 2002


Notice of Call for Issues Related to 2002 Biennial Title Hearing

Texas Insurance Code Article 9.07(c) requires the Department of Insurance to hold a biennial hearing to consider adoption of premium rates and such other matters and subjects relative to the regulation of the business of title insurance as may be requested by any association, any title insurance company, any title insurance agent, any member of the public, or as the commissioner may determine necessary to consider. Notice of the hearing will appear in the Texas Register at a later date. Any association, any title insurance company, any title insurance agent, or any member of the public that would like to request that any matter or subject, in addition to the rates for title insurance, be considered at the biennial hearing must provide a detailed description of the matter or subject no later than September 30, 2002.

All requests should be addressed to the Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104 (please refer to reference number O-0802-33-I). Requests should be submitted in both hard copy and 3 1/2 inch diskette format.

TRD-200205501

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 21, 2002


Texas Lottery Commission

Instant Game Number 318 "Stars & Stripes"

1.0 Name and Style of Game.

A. The name of Instant Game No. 318 is "STARS & STRIPES". The play style is "match 3 with tripler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 318 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 318.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $3.00, $6.00, $9.00, $18.00, $27.00, $100, $1,000, and $3,000.

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

Table 1 of this section

[Figure 1:16 TAC GAME NO. 318 - 1.2D]

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

Table 2 of this section.

[Figure 2:16 TAC GAME NO. 318 - 1.2E ]

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

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

G. Low-Tier Prize - A prize of $1.00, $3.00, $6.00, $9.00, or $18.00.

H. Mid-Tier Prize - A prize of $27.00, $100, or $300.

I. High-Tier Prize - A prize of $3,000.

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

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (318), 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 : 318-0000001-000.

L. Pack - A pack of "STARS & STRIPES" 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 "STARS & STRIPES" Instant Game No. 318 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 "STARS & STRIPES" Instant Game is determined once the latex on the ticket is scratched off to expose 6 (six) play symbols. If a player gets three like amounts, the player will win that amount. If a player gets three like amounts in RED, the player will win triple that amount. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 6 (six) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 6 (six) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 6 (six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 6 (six) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. No adjacent non-winning tickets will contain identical play symbols in the same locations.

B. No four or more of a kind on a ticket (in any color).

C. Single winning play symbols will be in blue.

D. Triple winning play symbols will be in red.

E. There will be at least two red play symbols on all tickets.

F. There will never be three matching symbols in both colors (e.g., 2 red and 1 blue or 2 blue and 1 red).

2.3 Procedure for Claiming Prizes.

A. To claim a "STARS & STRIPES" Instant Game prize of $1.00, $3.00, $6.00, $9.00, $18.00, $27.00, $100, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $100 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "STARS & STRIPES" Instant Game prize of $3,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 20,534,000 tickets in the Instant Game No. 318. The approximate number and value of prizes in the game are as follows:

Table 3 of this section

[Figure 3:16 TAC GAME NO. 318- 4.0]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 318 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. 318, 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-200205448

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 20, 2002


Instant Game Number 354 "Lucky Day"

1.0 Name and Style of Game.

A. The name of Instant Game No. 354 is "LUCKY DAY". The play style is "match 3 with doubler."

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 354 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 354.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $4.00, $8.00, $10.00, $20.00, $50.00, $100, $200, $2,000, and HORSESHOE 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

[graphic]

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

Table 2 of this section

[graphic]

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

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $8.00, $10.00, or $20.00.

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

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

J. Bar Code - A 22 (twenty-two) 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 13 (thirteen) digit number consisting of the three (3) digit game number (354), 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: 354-0000001-000.

L. Pack - A pack of "LUCKY DAY" 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 first page, 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 "LUCKY DAY" Instant Game No. 354 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 "LUCKY DAY" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) play symbols. If the player matches three like amounts, the player will win that amount. If the player matches two like amounts and a horseshoe symbol, the player will win double that amount. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly nine (9) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly nine (9) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

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

17. Each of the nine (9) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets within a book will not have identical patterns.

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

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

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

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

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

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY DAY" Instant Game prize of $1.00, $2.00, $4.00, $8.00, $10.00, $20.00, $50.00, $100, or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "LUCKY DAY" Instant Game prize of $2,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "LUCKY DAY" 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 "LUCKY DAY" 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 12,239,500 tickets in the Instant Game No. 354. The approximate number and value of prizes in the game are as follows:

Table 3 of this section

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 354 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. 354, 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-200205339

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 16, 2002


Manufactured Housing Division

Notice of Administrative Hearing

Wednesday, September 25, 2002, 1:00 p.m.

State Office of Administrative Hearings, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Dr. Bacon's Custom Homes Inc. dba Dr. Bacon's Affordable Housing to hear alleged violations of Sections 4(d), 14(f) and 14(j) of the Act and Sections 80.131(b) and 80.132(3) of the Administrative Rules by not complying with the warranty order, not responding with corrective action in a timely manner, and not properly installing a manufactured home. SOAH 332-02-3943. Department MHD2001001904-W, MHD2002001323-IV, and MHD2002000595-W.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589, jhicks@tdhca.state.tx.us

TRD-200205468

Timothy K. Irvine

Attorney

Manufactured Housing Division

Filed: August 21, 2002


Texas Natural Resource Conservation Commission

Enforcement Orders

An agreed order was entered regarding CITGO Refining & Chemical Company, L.P., Docket No. 1999-0057-AIR-E on August 13, 2002 assessing $750,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512)239-6224, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kansas City Southern Railway Company, Docket No. 1999-1569-IWD-E on August 13, 2002 assessing $28,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Troy Nelson, Staff Attorney at (903)525-0380, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Charles Jackson, Jr., Docket No. 2001-0385-WOC-E on August 13, 2002.

Information concerning any aspect of this order may be obtained by contacting Rich O'Connell, Staff Attorney at (512)239-5528, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kent Thomas dba Longhorn Resort, Docket No. 2000- 0588-PWS-E on August 13, 2002 assessing $2,188 in administrative penalties.

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

An agreed order was entered regarding Wise County Recycling, Inc., Docket No. 2001-0042- MSW-E on August 13, 2002 assessing $8,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Wendy Cooper, Enforcement Coordinator at (817)588-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jackie Fountain dba Fountain Plumbing, Docket No. 2001-0282-OSI-E on August 13, 2002 assessing $1,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Lemanczyk, Staff Attorney at (512)239-5915, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jim Kelly's Ice Tee, L.L.C. dba Mulligan's, Docket No. 2001-1507-PWS-E on August 13, 2002 assessing $3,000 in administrative penalties with $600 deferred.

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

An agreed order was entered regarding Port Mansfield Public Utility District, Docket No. 2001- 1102-MSW-E on August 13, 2002 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gene Harris Petroleum, Inc. dba Quickway #13, Docket No. 2001-0377-PST-E on August 13, 2002 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Boyd Reeder, Docket No. 2001-1267-MSW-E on August 13, 2002 assessing $2,500 in administrative penalties.

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

An agreed order was entered regarding Bobby Cunningham dba Littlefield Butane Co. and Bobby Cunningham dba 66 Butane & Fertilizer Co., Docket No. 2001-0902-PST-E on August 13, 2002 assessing $16,000 in administrative penalties with $3,200 deferred.

Information concerning any aspect of this order may be obtained by contacting Elnora Moses, Enforcement Coordinator at (903)535-5136, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding William Lasater dba Lasater Dairy, Docket No. 2001- 1295-AGR-E on August 13, 2002 assessing $5,400 in administrative penalties with $1,080 deferred.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Larry O'Neill dba Lazy Acres Mobile Home Park, Docket No. 2001-1150-PWS-E on August 13, 2002 assessing $350 in administrative penalties with $70 deferred.

Information concerning any aspect of this order may be obtained by contacting J Craig Fleming, Enforcement Coordinator at (512)239-5806, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Juan D. Juarez and Juarez Brothers, Inc. dba America Auto Repair, Docket No. 2001-0143-AIR-E on August 13, 2002 assessing $6,000 in administrative penalties with $1,200 deferred.

Information concerning any aspect of this order may be obtained by contacting Kevin Keyser, Enforcement Coordinator at (713)767-8938, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Stampede Fuels, Inc., Docket No. 2002-0015-PST-E on August 13, 2002 assessing $3,000 in administrative penalties with $600 deferred.

Information concerning any aspect of this order may be obtained by contacting Sarah Slocum, Enforcement Coordinator at (512)239-6589, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Robert Lee, Docket No. 2001-1136-MWD-E on August 13, 2002 assessing $9,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Republic Waste Services of Texas, Ltd., Docket No. 2001-1488-PST-E on August 13, 2002 assessing $2,250 in administrative penalties with $450 deferred.

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

An agreed order was entered regarding Sherwin Alumina, L.P., Docket No. 2002-0115-AIR-E on August 13, 2002 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512)239-0600, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Betty J. Pope and Ivan B. Hansen dba B & I Grocery, Docket No. 2001-1024-PST-E on August 13, 2002 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Susan Kelly, Enforcement Coordinator at (409)899-8704, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Econo Lube N'Tune, Inc., Docket No. 2002-0008-PST-E on August 13, 2002 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Alayne Furguson, Enforcement Coordinator at (817)588-5812, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sharon K. Melancon dba Elsie M's Grocery, Docket No. 2001-1323-PST-E on August 13, 2002 assessing $10,500 in administrative penalties with $9,900 deferred.

Information concerning any aspect of this order may be obtained by contacting Susan Kelly, Enforcement Coordinator at (409)899-8704, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Eros Investment Inc. dba Stop N Shop, Docket No. 2001- 1429-PST-E on August 13, 2002 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting Susan Kelly, Enforcement Coordinator at (409)899-8704, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2001-1122-PST-E on August 13, 2002 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512)239-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Exxon Mobil Corporation dba Exxon R/S 6-2007, Docket No. 2001-1185-PST-E on August 13, 2002 assessing $8,500 in administrative penalties with $1,700 deferred.

Information concerning any aspect of this order may be obtained by contacting A Sunday Udoetok, Enforcement Coordinator at (512)239-0739, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Garland Municipal Power & Light, Docket No. 2001- 1338-AIR-E on August 13, 2002 assessing $13,500 in administrative penalties with $2,700 deferred.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Industrial Pipe and Plastics of Texas, Incorporated, Docket No. 2001-1511-AIR-E on August 13, 2002 assessing $3,750 in administrative penalties with $750 deferred.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512)239-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Jayton, Docket No. 2001-0983-PWS-E on August 13, 2002 assessing $2,813 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting George Ortiz, Enforcement Coordinator at (915)698-9674, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Westfield Sandblasting, Inc., Docket No. 2001-1362- IHW-E on August 13, 2002 assessing $2,700 in administrative penalties with $540 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Sherman, Enforcement Coordinator at (713)767-3624, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding W&W Fiberglass Tank Company, Docket No. 2001- 1524-AIR-E on August 13, 2002 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Ronnie Kramer, Enforcement Coordinator at (806)468-0512, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Doris Higgins dba Two Pines Mobile Home Park, Docket No. 2001-0940-PWS-E on August 13, 2002 assessing $1,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carolyn Lind, Enforcement Coordinator at (903)535-5145, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kim Pham dba Sunny's Food Express, Docket No. 2001- 1022-PST-E on August 13, 2002 assessing $4,000 in administrative penalties with $800 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Sherman, Enforcement Coordinator at (713)767-3624, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Stubbs Petroleum Co., Inc., Docket No. 2001-1425-PST- E on August 13, 2002 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Jasper, Docket No. 2001-1270-MWD-E on August 13, 2002 assessing $11,250 in administrative penalties with $2,250 deferred.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding J. H. Jones Oil Company, Inc. of Silsbee TX, Docket No. 2002-0160-PST-E on August 13, 2002 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Susan Kelly, Enforcement Coordinator at (409)899-8704, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Steve Vandermeer dba Vandermeer Dairy, Docket No. 2001-1145-AGR-E on August 13, 2002 assessing $2,500 in administrative penalties.

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

An agreed order was entered regarding Lyondell-CITGO Refining, LP., Docket No. 2001-0072- AIR-E on August 13, 2002 assessing $12,700 in administrative penalties.

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

An agreed order was entered regarding Detar Hospital, LLC, Docket No. 2001-1376-PST-E on August 13, 2002 assessing $1,500 in administrative penalties with $300 deferred.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator at (361)825-3122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Baker Petrolite Corporation, Docket No. 2001-0195- AIR-E on August 13, 2002 assessing $51,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512)239-0600, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Min Jae Lee dba Coastal Gas Mart, Docket No. 2001- 1280-PST-E on August 13, 2002 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Sherman, Enforcement Coordinator at (713)767-3624, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200205455

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: August 20, 2002


Notice of a Name Change from the Texas Natural Resource Conservation Commission (TNRCC) to the Texas Commission on Environmental Quality (TCEQ)

Part 1. Texas Commission on Environmental Quality

House Bill 2912, Article 18, 77th Legislature, 2001, changed the name of the Texas Natural Resource Conservation Commission (TNRCC) to the Texas Commission on Environmental Quality (TCEQ) and directed the TNRCC to adopt a timetable for phasing in the change of the agency's name. The TNRCC decided to make the change of the agency's name to the TCEQ effective September 1, 2002.

House Bill 2912 provides that: 1) all powers, duties, rights, and obligations of the TNRCC are the powers, duties, rights, and obligations of the TCEQ; 2) a member of the TNRCC is a member of the board of the TCEQ; 3) all personnel, equipment, data, documents, facilities, and other items of the TNRCC are transferred to the agency under its new name; and 4) any appropriation to the TNRCC is automatically an appropriation to the TCEQ.

The Texas Register has changed the heading of Part 1 of Title 30 to Texas Commission on Environmental Quality. The TCEQ is in the process of revising and updating its rules to reflect its new name.

TRD-200205443

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: August 20, 2002


Notice of Application for Industrial Hazardous Waste Permits/Compliance Plans

APPLICATION Air Products, L.P., located at 1423 Highway 225, Pasadena, Texas, a chemical manufacturer, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit/compliance plan renewal/major amendment. The permit renewal authorizes the continued operation of a of one existing tank and container storage area for the storage of hazardous waste and also post-closure care of two closed surface impoundments. The major amendment authorizes changes to the approved waste analysis plan, closure plan, the geology report, and the emergency coordinators list and update the list of solid waste management units. The compliance plan renewal authorizes and requires the permittee to update to update the existing corrective action program to incorporate solid waste management unit into corrective action, monitor the concentration of hazardous constituents in ground waster and remediate ground-water quality to specified standards. The facility is located in Pasadena in Harris County, Texas. This application was submitted to the TNRCC on April 21 , 2000.

The TNRCC executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.

The TNRCC executive director has completed the technical review of the application and prepared a draft permit and compliance plan. The draft permit and compliance plan, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit and compliance plan, if issued, meet all statutory and regulatory requirements. The permit and compliance plan application, executive director's preliminary decision, and draft permit/compliance plan are available for viewing and copying at the Pasadena Public Library, 1201 Jeff Ginn Memorial Drive, Pasadena, Texas 77501.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. Generally, the TNRCC will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application, if requested in writing by an affected person, or if requested by a local legislator. A public meeting is not a contested case hearing.

Written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087 within 45 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or is on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comment may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the [permit/compliance plan] and will forward the application and requests to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

MAILING LIST. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific application; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing list(s) to which you wish to be added and send your request to the TNRCC Office of the Chief Clerk at the address below. Unless you otherwise specify, you will be included only on the mailing list for this specific application.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

Further information may also be obtained from Air Products, L.P., at P.O. Box 3326, Pasadena Texas 77501-3326 or by calling W. F. Caldwell at 713-447-6841.

TRD-200205457

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: August 20, 2002


Notice of District Petition

Notices mailed on August 16, 2002.

TNRCC Internal Control No. 05142002-D03; Bobby W. Shotwell, Mary Frances Edwards, and John Alexander Family Limited Partnership, RH of Texas Limited Partnership, and James E. Sowell Company (Petitioners), have filed a petition for the creation of Brazoria County Municipal Utility District Number 28 (District) with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) Bobby W. Shotwell, Mary Frances Edwards, and John Alexander Family Limited Partnership are the owners of a majority in value of the land to be included in the proposed District; (2) RH of Texas Limited Partnership and James E. Sowell Company have entered into earnest money contracts to purchase all of the property in the proposed District (3) there are no lien holders on the properties to be included in the proposed District; (4) the proposed District will contain approximately 170.8326 acres located within Brazoria County, Texas; and (5) the proposed District is within the corporate boundaries of the City of Pearland, Texas. By Ordinance No. 1055, effective February 25, 2002, the City of Pearland passed, approved and gave its consent to create District, and has given its authorization to initiate proceedings to create such political subdivision within its jurisdiction. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $9,000,000.

TNRCC Internal Control No. 03142002-D03; Marwood Land Investments, Ltd. and BGM Land Investments, Ltd. (Petitioners) filed a petition for creation of Harris County Municipal Utility District Number 391 (District) with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the Petitioners are the owner of a majority in value of the land to be included in the proposed District; (2) there are two lienholders (Bank of Texas, N.A. and Paradigm Bank Texas) on the land to be included in the proposed District; (3) the proposed District will contain approximately 636.250 acres of land located within Harris County, Texas, save and except a 0.574 acre tract of land situated in Harris County, Texas (636.25-0.574 = 635.676 approximate total acres); and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and is not within such jurisdiction of any other city. By City of Houston, Texas, Ordinance No. 2002-110, effective February 26, 2002, the City of Houston, Texas granted its consent to create District, and has given its authorization to initiate proceedings to create such political subdivision within its jurisdiction.

The TNRCC may grant a contested case hearing on these petitions if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TNRCC Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve the petitions unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning 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-200205459

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: August 20, 2002


Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 30, 2002 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 30, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Mitchell and Alvin Kidd dba Old West Mobile Home Park; DOCKET NUMBER: 2001-1193-PWS-E; TNRCC ID NUMBER: 1910045; LOCATION: 7801 McCormick Road, Amarillo, Randall County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2) and Texas Health and Safety Code (THSC), §341.033(d), by failing to conduct and submit routine monthly bacteriological samples; 30 TAC §290.109(g), by failing to notify the public for microbial contamination; 30 TAC §290.46(e)(1), by failing to ensure that the facility is operated under the direct supervision of a certified water works operator at all times; 30 TAC §290.118(b) and (g), by exceeding the maximum secondary constituent level of 2.0 milligrams per liter for fluoride in the water; 30 TAC §290.46(t), by failing to post a legible system ownership sign at each production, treatment, and storage facility in plain view of the public which includes the name of the water supply and an emergency telephone number where a responsible official can be contacted; 30 TAC §290.41(c)(3), by failing to submit to the TNRCC well completion data for review and approval prior to being placed into service; 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling tap on the discharge line to facilitate the collection of samples for chemical and bacteriological analysis directly from the well; 30 TAC §290.41(c)(3)(N), by failing to install a flow meter on the pump discharge line in order to assist in the production of water usage records and to assist in more efficient system operation; 30 TAC §290.41(c)(1)(A), by failing to locate groundwater sources so there will be no danger of pollution from unsanitary surroundings; and 30 TAC §290.46(f)(1) and (2), by failing to maintain reports regarding the chemical and microbiological quality of the water supply, by failing to maintain water system operating records, and failing to make these reports readily available for review during the inspection; PENALTY: $9,600; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353- 9251.

(2) COMPANY: Sneed Shipbuilding, Inc.; DOCKET NUMBER: 2001-0343-MLM-E; TNRCC ID NUMBER: OC-0065-S; LOCATION: 2011 Dupont Drive, Orange, Orange County, Texas; TYPE OF FACILITY: barge building, ship repair, and salvage shop; RULES VIOLATED: 30 TAC §§101.4, 111.201, and 330.5, and THSC, §382.085(a) and (b), by conducting unauthorized burning of large piles of miscellaneous debris consisting of tires, construction materials, fiberglass, creosote logs, and other solid waste; PENALTY: $5,000; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC R-4, (817) 588-5888; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200205307

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: August 15, 2002


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

The Texas Natural Resource Conservation Commission (commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 30, 2002 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 30, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Billy Ray Fisher; DOCKET NUMBER: 2000-0865-OSI-E; TNRCC ID NUMBER: none; LOCATION: 91 County Road 305, Jonesboro, Hamilton County, Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: 30 TAC §285.5(1) and Texas Health and Safety Code (THSC), §366.051(c), by failing to verify that a TNRCC permit had been issued before installing an OSSF system; 30 TAC §285.58(a)(3) and THSC, §366.054, by failing to notify the TNRCC and obtain authorization to construct before beginning to install an OSSF system; and 30 TAC §285.58(a)(11), by failing to call for the required inspections of the OSSF system; PENALTY: $2,250; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Ave., Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Kennedy Ridge Water Supply Corporation; DOCKET NUMBER: 2000-1069- PWS-E; TNRCC ID NUMBER: 2270308; LOCATION: north of Farm-to-Market Road 969 at the intersection of Cadillac Drive and Chamberlain Road, Travis County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(m)(1)(B), by failing to conduct an inspection of the interior surface of the pressure tank within the past five years; 30 TAC §290.43(c)(8), by failing to maintain the ground storage tank; 30 TAC §290.110(c)(5)(B), by failing to conduct weekly chlorine residual tests; 30 TAC §290.44(c), by failing to provide proper sized water lines throughout the distribution system; and 30 TAC §290.51, by failing to pay late fees; PENALTY: $9,888; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Dr., Suite. 150, Austin, Texas 78758-5336, (512) 339-2929.

(3) COMPANY: Lorenzo Estrada dba Reliable Backhoe; DOCKET NUMBER: 2001-1224- OSI-E; TNRCC ID NUMBER: OS 6567; LOCATION: 2810 Sain Drive, Alice, Jim Wells County, Texas; TYPE OF FACILITY: on-site sewage (OSSF); RULES VIOLATED: 30 TAC §285.3(b)(1) and THSC, §366.051(c), by failing to obtain proof that authorization to construct had been obtained from the permitting authority before construction of an OSSF; and 30 TAC §285.61(5), and THSC, §366.051(c) and §366.054 by failing to notify the permitting authority of the date on which the installer planned to begin construction of an OSSF and by failing to show proof of an approved plan from the permitting authority prior to construction; PENALTY: $500; STAFF ATTORNEY: Troy Nelson, Litigation Division, MC R-5, (903) 525- 0380; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(4) COMPANY: Roy Carrell dba Roy Carrell Dairy; DOCKET NUMBER: 2001-0664-AGR- E; TNRCC ID NUMBER: 04263; LOCATION: east side of County Road 1001 immediately north of the intersection of County Road 1001 and County Road 913 in Godley, Johnson County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: 30 TAC §321.39(a), by failing to develop an adequate pollution prevention plan; 30 TAC §321.38, by failing to document all best management practices used to comply with all applicable waste and wastewater discharge and air emission limitations; and 30 TAC §321.41(d) and (e), by failing to document inspections and maintenance and keep records on site for three years; PENALTY: $1,600; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Rudolfo De La Rosa dba Del Camino Cleaners and Martin Caballero dba Camino Cleaners; DOCKET NUMBER: 2000-1024-PST-E; TNRCC ID NUMBER: 0014979; LOCATION: 106 south Conception, El Paso, El Paso County, Texas; TYPE OF FACILITY: dry cleaning; RULES VIOLATED: 30 TAC §334.50(a)(1) and TWC, §26.3475, by failing to have a release detection method for the underground storage tank (UST); 30 TAC §334.51(b) and TWC, §26.3475, by failing to have spill and overfill prevention equipment for the UST system; 30 TAC §334.49(a), and TWC, §26.3475, by failing to provide corrosion protection for the UST; and 30 TAC, §334.93(a) and (b) and TWC, §26.352, by failing to demonstrate financial responsibility; PENALTY: $10,625; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: El Paso Regional Office, 401 E. Franklin Ave., Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(6) COMPANY: Trimac Corporation; DOCKET NUMBER: 2001-1490-PST-E; TNRCC ID NUMBER: none; LOCATION: South Highway 281, Burnet, Burnet County, Texas; TYPE OF FACILITY: fuel transporter; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator of the UST system at the facility had a valid, current TNRCC delivery certificate prior to depositing a regulated substance into the regulated UST system; PENALTY: $ 2,000; STAFF ATTORNEY: Kelly W. Mego, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Dr., Suite. 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200205308

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: August 15, 2002


Notice of Water Quality Applications

The following notices were issued during the period of August 12, 2002 through August 19, 2002.

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.

COOPER CAMERON CORPORATION has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 13578-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day. The plant site is located at 11800 Charles Street; approximately 1.0 mile west-northwest of the intersection of U.S. Highway 290 and Farm-to-Market Road 529 in Harris County, Texas.

CITY OF CUNEY has applied for a renewal of TPDES Permit No. 13728-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located 0.5 mile south of State Highway 175 and 0.6 mile east of the Neches River in Cherokee County, Texas.

DONOHUE INDUSTRIES INCORPORATED which operates the Lufkin Mill, an integrated pulp and paper mill, has applied for a major amendment to TNRCC Permit No. 00368 to authorize removal of the monitoring and reporting requirements for total zinc at Outfall 001; removal of the effluent limitations for 2,3,7,8-TCDD Equivalents at Outfall 001; removal of the 2,3,7,8-TCDD Equivalents testing requirements for the sludge; removal of the fish tissue sampling requirements; an increase in the biochemical oxygen demand (5-day) effluent limitation at Outfall 001; adding landfill leachate to the authorized wastestreams; removal of Outfall 003; and clarification of the existing authorized wastestreams at Outfall 004 to include boiler blowdown, discharges from the fire water system, and cooling water. The current permit authorizes the discharge of process wastewater, utility wastewater, washdown water, domestic wastewater, and storm water at a daily average dry weather flow not to exceed 20,000,000 gallons per day via Outfall 001; and the discharge of storm water runoff on an intermittent and flow variable basis via Outfalls 002, 003, 004, and 005. The application also includes a request for a temporary variance extension to the existing water quality standards for the water quality based criteria for aluminum for the Angelina River/Sam Rayburn Reservoir in Segment No. 0615 of the Neches River Basin. The variance extension would authorize an additional three-year period in which the Commission will consider the site-specific standards and determine whether to adopt the standards or require the existing water quality standards to remain in effect. The facility is located on the north side of State Highway 103, approximately 0.25 miles east of the intersection of State Highway 103 and Farm-to-Market Road 842 northeast of the City of Lufkin, Angelina County, Texas.

PLAINS COTTON COOPERATIVE ASSOCIATION which operates the American Cotton Growers facility, a textile mill that manufactures denim from raw cotton, has applied for a major amendment to Permit No. 02599 to authorize an increase in the daily average flow of water softener regeneration water from a daily max flow of 1,500 gallons per day and dye rinse water from a daily average flow of 95,000 gallons per day to a combined daily average flow not to exceed 170,000 gallons per day via evaporation; increase the daily average flow of rinse water from starch vats from 1,500 gallons per day to 4,000 gallons per day via soil injection; increase the soil injection area from 6.18 acres to 10.24 acres; and increase the disposal area for evaporation from 23.56 acres to 41.57 acres. The current permit authorizes the disposal of water softener regenerate at a daily maximum flow not to exceed 1,500 gallons per day and indigo dye rinse water at a daily average flow not to exceed 95,000 gallons per day via evaporation; and the disposal of rinse water from starch vats at a daily average flow not to exceed 1,500 gallons per day via soil injection. This permit will not authorize a discharge of pollutants into water in the State. The facility and disposal area are located adjacent to State Highway 54, approximately 1.4 miles east of the City of Littlefield, Lamb County, Texas.

SHELBYVILLE INDEPENDENT SCHOOL DISTRICT has applied for a major amendment TPDES Permit No. 13370-001 to authorize an addition of a constructed wetland. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 11,250 gallons per day. The facility is located 1,000 feet due south of the intersection of Farm- to-Market Road 147 and State Highway 87, on the west side of State Highway 87 in Shelby County, Texas.

TAWAKONI WASTE WATER CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14297-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The facility is located approximately 1,000 feet southwest of the intersection of Farm-to- Market Road 429 and Farm-to-Market Road 721, on the northwest side of Farm-to-Market 429, between Farm-to-Market Road 429 and Lake Tawakoni in Hunt County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of Permit No. 13285-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 14,000 gallons per day via surface irrigation of 8.5 acres of non-pubic access land. The facility and disposal site are located approximately 1,000 feet south of Farm-to-Market Road 1716 and approximately 4,500 feet south-southeast of the intersection of State Highway 43 and Farm-to- Market Road 1716 in Rusk County, Texas.

TRINITY RIVER AUTHORITY OF TEXAS has applied for a renewal of TPDES Permit No. 13457-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located at 1687 U.S. Highway 377 north of Roanoke, approximately 1.5 miles north-northeast of the intersection of State Highway 114 and U.S. Highway 377 in Denton 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 Texas Natural Resource Conservation Commission (TNRCC) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to GARY RANDOLPH BOSTIC, to authorize correction of date of expiration of existing permit. The facility is located 2,450 feet from the Redmon Street/Gum Spring Road intersection and 5,300 feet from the Redmon Road/Cotton Street intersection, and approximately 1 mile east of the City of Longview in Harrison County, Texas.

TRD-200205456

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: August 20, 2002


Notice of Water Rights Application

Notices mailed during the period August 7, 2002 through August 15, 2002.

APPLICATION NO. 5776; Wilbow-Fairview No. 1 Development Corporation, 9330 LBJ Fwy., Suite 745, Lockbox 68, Dallas, Texas, 75243, applicant, seeks a Water Use Permit, pursuant to Texas Water Code (TWC) 11.143 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Applicant seeks authorization to maintain an existing exempt reservoir, known as the West Pond, on an unnamed tributary of an unnamed tributary of Sloan Creek, tributary of Wilson Creek, tributary of the Trinity River, Trinity River Basin, for in-place recreational (aesthetics) purposes within the Town of Fairview, Collin County, Texas. The dam is located in the J.A. Taylor Original Survey N-1155, Abstract 909, Collin County. The midpoint on the centerline of the dam is N1.933 W, 1,945 feet from the southwest corner of the Samuel Sloan Original Survey I-259, Abstract 791, Collin County, Texas, also being Latitude 33.138 N and Longitude 96.636 W. The reservoir has a capacity of 4.90 acre-feet of water and a surface area of 0.94 acre. Ownership of the land where the reservoir is located is evidenced by a deed recorded in vol. 04865, pg. 04134 in the records of the Collin County Clerk's office. No diversions are requested. The application was received on September 6, 2001. Additional fees and information were received on March 22, 2002 and May 17, 2002. The Executive Director reviewed the application and determined it to be administratively complete on May 17, 2002. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 5775; Wilbow-Fairview No. 1 Development Corporation, 9330 LBJ Fwy., Suite 745, Lockbox 68, Dallas, Texas, 75243, applicant, seeks a Water Use Permit, pursuant to Texas Water Code (TWC) 11.143 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published notice of the application is given pursuant to 30 TAC 295.152 and mailed notice pursuant to 30 TAC 295.153(c)(1) to all of the downstream water right holders of record in the Trinity River Basin. Applicant seeks authorization to maintain an existing exempt reservoir, known as the East Pond, on an unnamed tributary of an unnamed tributary of Sloan Creek, tributary of Wilson Creek, tributary of the Trinity River, Trinity River Basin, for in-place recreational (aesthetics) purposes within the Town of Fairview, Collin County, Texas. The midpoint on the centerline of the dam is N21.113 E, 1,888 feet from the southwest corner of the Samuel Sloan Original Survey I-259, Abstract 791, Collin County, Texas, also being Latitude 33.137 N and Longitude 96.634 W. The reservoir has a capacity of 4.3 acre-feet of water and a surface area of 1.0 acre. Ownership of the land where the reservoir is located is evidenced by a deed recorded in vol. 04865, pg. 04134 in the records of the Collin County Clerk's office. No diversions are requested. The application was received on September 6, 2001. Additional fees and information were received on March 22, 2002 and May 17, 2002. The Executive Director reviewed the application and determined it to be administratively complete on May 17, 2002. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice.

Application No. 08-3344A; Mount Olivet Cemetery Association, P.O. Box 9450, Fort Worth, Texas 76147-2450, applicant, seeks an amendment to Certificate of Adjudication No. 08-3344 pursuant to Texas Water Code (TWC) 11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Certificate of Adjudication No. 08-3344 authorizes owner to maintain an existing dam and reservoir on an unnamed tributary of the West Fork Trinity River, Trinity River, Trinity River Basin in Tarrant County and impound therein not to exceed one (1) acre- feet of water. Owner is also authorized to divert and use not to exceed 180 acre-feet of water per annum form the West Fork Trinity River for agricultural purposes to irrigate a maximum of 86 acres out of a 195.237 acre tract at a maximum rate of 2.23 cfs (1,000 gpm). Applicant seeks to amend Certificate of Adjudication No. 08-3344 by adding an off-channel reservoir and to directly divert into the off-channel reservoir not to exceed an additional 75 acre-feet of water per annum from a point on the West Fork Trinity River, tributary of the Trinity River, Trinity River Basin for subsequent agricultural use to irrigate a maximum of 100 acres of land out of a 129.5 acre tract in Tarrant County at a maximum diversion rate of 0.56 cfs (250 gpm) from the West Fork Trinity River (point no. 1) and 1.11 cfs (500 gpm) from the aforesaid reservoir (point no. 2). The off-channel reservoir has a capacity of 3 acre-feet and a surface area of 1.75 acres and is located in the C.B. Daggett Survey, Abstract No. 428, Tarrant County, Texas. Station 1 + 00 (NE corner) of the levee forming the reservoir is S 61 degrees 30' W, 460 feet from the NE corner of the aforesaid survey, also being at Latitude 32.794 degrees N and Longitude 97.309 degrees W. Diversion point no. 1 is located at a point on the north, or left, bank of the West Fork Trinity River, S 47 degrees W, 6,000 feet from the aforesaid survey corner, also being at Latitude 32.789 degrees N and Longitude 97.326 degrees W. Diversion point no. 2 will be from the perimeter of the off-channel reservoir levee, S 61 degrees 30' W, 460 feet from the aforesaid survey corner, also being at Latitude 32.794 degrees N and Longitude 97.326 degrees W. Ownership of the land is evidenced by Warranty Deed No. 12485, Volume 3086, Page 406 in the official records of Tarrant County, Texas. No other changes are requested. The application was received on June 7, 2002 and the additional information was received on July 30, 2002. The application was filed and declared to be administratively complete on July 31, 2002. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 5781; BAE Systems, 6500 Tracor Lane, Austin, Texas 78725, applicant, seeks a Water Use Permit pursuant to Texas Water Code (TWC) 11.121, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published notice of the application is being given pursuant to 30 TAC 295.152, allowing for a thirty (30) day comment period. Notice is being mailed to the water right holders of record in the Colorado River Basin pursuant to 30 TAC 295.153. Applicant seeks to maintain an existing dam and reservoir on an unnamed tributary of Walnut Creek, tributary of the Colorado River, Colorado River Basin, in Travis County, for in-place recreation purposes with no right of diversion. The reservoir has a surface area of 1.07 acres and a capacity of 4.33 acre-feet of water at normal maximum operating level. The dam is located in the Original Jess Tannehill Survey No. 29, Abstract No. 22, and the James Burleson Survey No. 19, Abstract No. 4. The centerline of the dam (Latitude 30.277 N, Longitude 97.663 W) is bearing N 30.528 E , 14,440 feet from the southeast corner of aforementioned Tannehill Survey, approximately 4.7 miles east of Austin, Texas. Ownership of the land is recorded in Volume 11590, pp. 1712-1736 in the official real estate records of Travis County. The application was received on October 18, 2001, and was determined to be administratively complete and filed on July 3, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 5777; Waste Management of Texas, Inc., Westside Recycling and Disposal Facility, 3500 Linkcrest, Aledo, Texas, 76008, applicant, seeks a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published and mailed notice of the application is given pursuant to 30 TAC 295.152 and 295.153 to all of the water right holders of record in the Trinity River Basin. Applicant has re-routed an unnamed tributary of Mary's Creek, tributary of Clear Fork Trinity River, tributary of the West Fork Trinity River, tributary of the Trinity River, Trinity River Basin, to a man-made drainage pathway into two (2) detention/retention reservoirs in Tarrant County. The stream is returned to the natural channel of the unnamed tributary of Mary's Creek before it leaves the applicant's property. Applicant seeks authorization to impound a combined total of 33.4 acre-feet of water in the two reservoirs and to divert and use not to exceed 75 acre-feet of water per annum at a maximum combined diversion rate of 1.493 cfs (670 gpm) from the reservoirs for industrial (dust suppression (10 acre-feet) and construction activities (35 acre-feet)) and agricultural purposes (30 acre-feet) to irrigate 50 acres of land out of a 235.209 acre tract in the J. Johnson Survey, Abstract 871, Tarrant County. The reservoirs and diversion points are located 12 miles southwest from the County Courthouse, Tarrant County, and 5 miles northeast from Aledo, Texas and are described as follows: Reservoir No. 1 is the upstream reservoir and has a surface area of 3.8 acres and a capacity of 30.7 acre-feet of water. The centerline of the dam is S45 E, 800 feet from the northwest corner of the aforesaid Johnson Survey, also being Latitude 32.7333 N and Longitude 97.5375 W. Reservoir No. 2 is the downstream reservoir and has a surface area of 0.7 acres and a capacity of 2.7 acre-feet of water. The centerline of the dam is S45 E, 1300 feet from the northwest corner of the aforesaid Johnson Survey, also being Latitude 32.7428 N and Longitude 97.5344 W. Diversion point 1 is located at Latitude 32.7331 N and Longitude 97.5378 W, also bearing S30 E, 315 feet from the northwest corner of the aforesaid Johnson Survey. Diversion point 2 is located at Latitude 32.7428 N and Longitude 97.5344 W, also bearing S45 E, 1300 feet from the northwest corner of the aforesaid Johnson Survey. Ownership of the land to be irrigated is evidenced by deeds recorded in volume 12208, page 2281; volume 6477, page 335; and volume 12648, page 2000 of the Deed Records of Tarrant County. The application was received on May 14, 1998. Additional information was received on April 8, 2002, April 9, 2002, and May 23, 2002. The Executive Director reviewed the application and determined it to be administratively complete on May 23, 2002. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice.

Information Section

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

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

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

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

TRD-200205458

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: August 20, 2002


Texas Department of Protective and Regulatory Services

Request for Proposal--Primary Child Abuse Prevention

The Texas Department of Protective and Regulatory Services (PRS), Division of Prevention and Early Intervention, is soliciting proposals to provide Primary Child Abuse Prevention services. PRS anticipates funding four contracts as a result of this solicitation. The Request for Proposal (RFP) will be released on or about August 23, 2002. The RFP will be posted on the State Internet Site at www.marketplace.state.tx.us on the date of its release.

Brief Description of Services : The purpose of primary prevention is to increase knowledge and awareness of child abuse and maltreatment. Primary prevention programs include, but are not limited to, public awareness campaigns, parent education classes, general curricula/activities that support reducing child abuse and maltreatment, community awareness of resources, and printed information for distribution that educate the public regarding child abuse and neglect.

Primary Prevention is defined as services and activities available to the community at large or to families to prevent child abuse and neglect before it ever occurs. The key aspects of primary prevention are that it: is offered to all members of a population and is voluntary; attempts to influence societal forces that impact parents and children; and seeks to promote positive family functioning rather than just to prevent problems.

PRS is not stipulating or describing a specific primary prevention program in this RFP. The program parameters are that it must be community-based, generally open to all members of the community, and stay within the funding limits described.

The contracts will be funded and managed by PRS.

Eligible Applicants : Eligible offerors include private nonprofit and for-profit corporations, cities, counties, state agencies/entities, partnerships, and individuals. Historically Underutilized Businesses (HUBs), Minority Businesses and Women's Enterprises, and Small Businesses are encouraged to apply.

Limitations : Total anticipated funding for the 10-month contract is a maximum award of $125,000 for November 1, 2002, through August 31, 2003. The funding allocated for the contracts resulting from this RFP is dependent on Legislative appropriation. Funding is not guaranteed at the maximum level, or at any level. PRS reserves the right to reject any and all offers received in response to this RFP and to cancel this RFP if it is deemed in the best interest of PRS. PRS also reserves the right to re-procure this service.

If no acceptable responses are received, or no contract is entered into as a result of this procurement, PRS intends to procure by non-competitive means in accordance with the law but without further notice to potential vendors.

Deadline for Proposals, Term of Contract, and Amount of Award : Proposals will be due September 30, 2002, at 3:00 p.m. The effective dates of contracts awarded under this RFP will be November 1, 2002, through August 31, 2003.

Contact Person : Potential offerors may obtain a copy of the RFP on or about August 23, 2002. It is preferred that requests for the RFP be submitted in writing (by mail or fax) to: Vicki Logan, Mail Code Y-956; Texas Department of Protective and Regulatory Services; P.O. Box 149030; Austin, Texas 78714-9030; Fax: 512-821-4767.

TRD-200205442

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: August 20, 2002


Texas Department of Public Safety

Consultant Contract Award

(1) The Texas Department of Public Safety (DPS), in accordance with provisions of Texas Government Code, Chapter 2254, announces the awarding of a consultant contract for the Crash Records Information System (CRIS) Project.

(2) The amendment for the "CRIS" Project was published in the June 21, 2002, issue of the Texas Register (27 TexReg 5621).

(3) The selected consultant will perform the following services:

(A) Include a recommendation regarding the need to continue with implementation of the Automated Road Inventory (ARI) Project.

(B) Assist the internal CRIS Project Manager with the presentation of the final report to the CRIS Project Steering Committee.

(4) The amendment to 405-C2-8031 was awarded to the following vendor:

RFD & Associates, Incorporated

401 Camp Craft Road

Austin, Texas 78746

(5) This amendment has a cost of $2,990.00, bringing the contract to a total value of $369,010.00 beginning April 22, 2002 and ending August 6, 2002.

(6) The deliverables and due dates are as follows:

(A) "As-Is" Model 06/25/02

(B) Findings and Recommendations 07/11/02

(C) Cost/Benefit Analysis for Each Strategy 07/16/02

(D) Analysis of Prioritized Strategies within Vision 07/23/02

(E) Analysis of Three Top Strategies 07/24/02

(F) Executive Summary 07/31/02

(G) Final Report 08/06/02

TRD-200205453

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: August 20, 2002


Hazard Mitigation Grant Program (HMGP)/DR 1425-2.1

As a result of the Central Texas Floods of 2002 during the incident period beginning June 28, 2001, a major disaster, (FEMA- 1425-DR) was declared by the President. Due to this declaration, Texas is authorized federal funds through the Hazard Mitigation Grant Program (HMGP). The HMGP is a 75/25 federal to applicant cost-share program designed to help prevent reoccurring disaster losses to citizens and infrastructure. It is imperative that these funds be used to reduce the risk of loss of life and property in the future.

All eligible applicants, which include local governments, state agencies, certain non-profit organizations and institutions, and Indian tribes or authorized tribal organizations are invited and encouraged to take advantage of this additional opportunity and apply for HMGP funds. These funds will be allocated to applicants based on a competitive application process. The number one mitigation strategy for Texas is the purchase and removal of structures at risk from flooding; however, all cost effective actions that mitigate the consequences of the hazards, and provide long term meaningful and definable risk reduction benefits will be considered. In accordance with Public Law (PL) 106-390 (Disaster Mitigation Act of 2000) the development of local mitigation action plans that comply with provisions of the law, and Texas planning standards are also eligible projects for consideration. It is recommended that you contact your supporting Council of Governments office for possible hazard mitigation planning assistance.

If your organization is interested in participating in the HMGP process, you are invited to submit a notice of interest by September 15, 2002, to the Texas Hazard Mitigation Officer, Disaster Field Office, 9830 Colonade Blvd., Suite 200, San Antonio, Texas 78230, or fax to (210) 697-4573. Detailed information including an HMGP Fact Sheet and the forms to use for development and submission of a notice of interest (NOI) are available on the Department of Public Safety/ Division of Emergency Management website at http:/www.txdps.state.tx.us/dem/ctxflood02.htm.

If you have questions or need assistance please contact state Mitigation Officer Greg Pekar at (210) 697-4518 or by email at gregory.pekar@fema.gov.

TRD-200205454

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: August 20, 2002


Public Utility Commission of Texas

Notice of Amendment to Interconnection Agreement

On August 19, 2002, Southwestern Bell Telephone, LP d/b/a Southwestern Bell Telephone Company and GTE Mobilnet of South Texas Limited Partnership d/b/a Verizon Wireless, 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 2002) (PURA). The joint application has been designated Docket Number 26498. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) 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 13 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 26498. 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 September 18, 2002, 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 the commission's 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 action, 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, or by phone at (512) 936-7120 or toll-free at 1-888-782-84771. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 26498.

TRD-200205490

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2002


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

On August 12, 2002, ITC^DeltaCom filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60202. Applicant intends to reflect a pro forma change in ownership/control.

The Application: Application of ITC^ DeltaCom for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 26462.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than September 5, 2002. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 26462.

TRD-200205298

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 14, 2002


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 14, 2002, 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 ACN Communication Services, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 26469 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 area of Texas currently served by Southwestern Bell Telephone and Verizon Southwest.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-800-782-8477 no later than September 5, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket No. 26469.

TRD-200205439

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 19, 2002


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 15, 2002, 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 Amerimex Communications Corp. for a Service Provider Certificate of Operating Authority, Docket Number 26475 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-800-782-8477 no later than September 5, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket No. 26475.

TRD-200205440

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 19, 2002


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 16, 2002, 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 EZ Connect, Ltd. for a Service Provider Certificate of Operating Authority, Docket Number 26488 before the Public Utility Commission of Texas.

Applicant intends to provide prepaid calling services.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-800-782-8477 no later than September 5, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 26488.

TRD-200205475

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2002


Notice of Interconnection Agreement

On August 19, 2002, Dallas MTA, LP and San Antonio MTA, LP doing business as Verizon Wireless and Alenco 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 2002) (PURA). The joint application has been designated Docket Number 26493. The joint application and the underlying interconnection agreement is available for public inspection at the Public Utility Commission of Texas (commission) 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 13 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 26493. 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 September 18, 2002, 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 the commission's 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 action, 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, or by phone 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 26493.

TRD-200205476

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2002


Notice of Interconnection Agreement

On August 19, 2002, Dallas MTA, LP doing business as Verizon Wireless and Peoples Telephone Cooperative, 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 2002) (PURA). The joint application has been designated Docket Number 26494. The joint application and the underlying interconnection agreement is available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 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 26494. 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 September 18, 2002, 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 action, 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, or by phone 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 26494.

TRD-200205478

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2002


Notice of Interconnection Agreement

On August 19, 2002, Dallas MTA, LP doing business as Verizon Wireless and Nortex Communications, 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 & Supp. 2002) (PURA). The joint application has been designated Docket Number 26495. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The Public Utility Commission of Texas (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 13 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 26495. 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 September 18, 2002, 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 commission's 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 action, 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, or by phone 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 26495.

TRD-200205479

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2002


Notice of Interconnection Agreement

On August 19, 2002, Dallas MTA, LP doing business as Verizon Wireless and Lipan Telephone Company, 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 2002) (PURA). The joint application has been designated Docket Number 26496. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) 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 13 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 26496. 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 September 18, 2002, 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 the commission's 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 action, 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, or by phone 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 26496.

TRD-200205481

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2002


Notice of Interconnection Agreement

On August 19, 2002, San Antonio MTA, LP doing business as Verizon Wireless and Riviera Telephone Company, 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 2002) (PURA). The joint application has been designated Docket Number 26497. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) 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 13 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 26497. 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 September 18, 2002, 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 the commission's 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 action, 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, or by phone 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 26497.

TRD-200205489

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2002


Notice of Rulemaking on Code of Conduct for Electric Wholesale Market Participants and Request for Comments

The Public Utility Commission of Texas (commission) is issuing a notice of formal rulemaking to establish a code of conduct for wholesale market participants in the Electric Reliability Council of Texas electricity markets. Project Number 26201, Code of Conduct for Wholesale Market Participants Rulemaking has been established for this proceeding.

The purpose of the Code of Conduct rulemaking is to foster a fair and equitable functioning of the electric wholesale market in ERCOT for the ultimate benefit of all market participants and to protect customers from unfair pricing practices. The Code of Conduct specifies minimum standards for wholesale market participants' behavior, clear rules for behavior, and clear consequences for non-compliance. It clarifies market participants' obligations as well as prohibited activities, and adopts a progressive range of penalties and sanctions.

The commission requests that interested persons file comments to a set of questions that have been filed in the Central Records of the commission under Project No. 26201. The questions are also available from the project website at www.puc.state.tx.us under "Electric Competition - S.B. 7 Implementation." Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326 within 30 days of the date of publication of this notice. All responses should reference Project Number 26201.

Questions concerning the rulemaking or this notice should be referred to Danielle Jaussaud, Market Oversight Division, 512-936-7396. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200205491

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 21, 2002


Public Notice of Interconnection Agreement

On August 14, 2002, United Telephone Company of Texas, Inc. doing business as Sprint and Central Telephone Company of Texas doing business as Sprint and Winstar Communications, LLC, 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 2002) (PURA). The joint application has been designated Docket Number 26471. The joint application and the underlying interconnection agreement is available for public inspection at the Public Utility Commission of Texas (commission) 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 13 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 26471. 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 September 16, 2002, 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 action, 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, or by phone 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 26471.

TRD-200205310

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 16, 2002


Sul Ross State University

Request for Proposals

Pursuant to Texas Government Code, Article 2254, Sul Ross State University, a Member of the Texas State University System, announces the solicitation for consultant services to advise and assist with the proposal development, management and administration of an Upward Bound Grant.

Project Summary: Sul Ross State University wishes to apply for a new federally funded Upward Bound Grant. The services requested under this RFP were previously provided by a consultant. The SRSU Upward Bound Program is designed to motivate low-income, potential first-generation college students and help them develop the skills they need to complete secondary education and succeed at the post secondary educational institution of their choice. Upward Bound activities will provide these services: academic counseling and assistance, career counseling and assistance, personal counseling and referral, parental and community involvement and assistance, exposure to the arts and cultural events, exposure to a university environment, mentoring by university personnel, and a university enrichment program. The successful vendor will share in the responsibility for assurance of the attainment of the grant objectives, compliance with the terms and conditions of the grant and will provide services such as assistance in budget management, consultations, performance reporting, and review and editing of reports.

Proposals are to be received no later than 5:00 p.m., Friday, September 13, 2002. A copy of the request for proposal packet is available upon request from Patty Roach, Director of Purchasing, Sul Ross State University, P.O. Box C-116, Alpine, Texas 79832, phone (915)837-8045, fax (915)837-8046.

The University reserves the right to reject any and all proposals received if it is determined to be in the best interest of the University. All material submitted in response to this request becomes the property of the University and may be reviewed by other vendors after the official review of the proposals.

TRD-200205474

Patty Roach

Purchasing Director

Sul Ross State University

Filed: August 21, 2002


Texas Department of Transportation

Public Notice--Disadvantaged Business Enterprise Goals, Fiscal Year 2003

In accordance with Title 49, Code of Federal Regulations, Part 26, recipients of federal-aid funds authorized by the Transportation Equity Act for the 21st Century (TEA 21) are required to establish Disadvantaged Business Enterprise (DBE) programs. Section 26.45 requires the recipients of federal funds, including the Texas Department of Transportation, to set overall goals for DBE participation in U. S. Department of Transportation assisted contracts. As part of this goal-setting process, the Texas Department of Transportation is publishing this notice to inform the public of the proposed overall goals, and to provide instructions on how to obtain copies of documents explaining the rationale for each goal.

The proposed Fiscal Year 2003 DBE goals are 12.40% for highway design and construction, 13.20% for aviation and 5.50% for public transportation.

The proposed goals and goal-setting methodology for each is available for inspection between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, for 30 days following the date of this notice. The information may be viewed in the office of the Texas Department of Transportation, Construction Division, Business Opportunity Programs Section, 200 East Riverside Drive, Austin, Texas 78704.

The department will accept comments on the DBE goals for 45 days from the date of the notice. Comments can be sent to Juan Vega, Construction Division, 125 E. 11th St., Austin, Texas 78701; (512) 486-5547; Fax: (512) 486-5519.

Email: jvega2@dot.state.tx.us

TRD-200205467

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: August 21, 2002


The University of Texas System

Notice of Contract Award

The University of Texas Southwestern Medical Center at Dallas

Notice of Award of Contract for HIPAA Consulting Services

Pursuant to §2254.030, Government Code, The University of Texas Southwestern Medical Center at Dallas (UT Southwestern) announces that it has awarded a contract for consulting services related to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to Science Applications International Corporation (SAIC). SAIC will perform a HIPAA readiness assessment and gap analysis of UT Southwestern's privacy and security operations. The contract was issued pursuant to an RFP issued by The University of Texas System and previously published as follows:

Contract Number: UHC-00202

Date: August 24, 2001

Volume: 26 TexReg

Page Number: 6491

Science Applications International Corporation is located at 10260 Campus Point Drive, San Diego, CA 92121. The contract total is $320,130.

The effective date of the contract is August 1, 2002 and estimated time of completion is December 31, 2002. Due dates for contract deliverables vary, but are generally due weekly, monthly and before the contract termination according to the schedule contained in the contract.

TRD-200205306

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: August 14, 2002