The Commissioner of Insurance, at a public hearing under Docket No. 2488 on February 4, 2002 at 9:30 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a petition filed by State Farm Fire and Casualty Company, State Farm General Insurance Company, and State Farm Lloyds (collectively referred to as State Farm) that requests the adoption of three new residential property policy forms which include form no. FP-7955 TX (homeowners policy), form no. FP-7954 TX (renters policy), and form no. FP-7956 TX (condominium unitowners policy) and further requests the adoption of thirty-six new endorsements (as listed in Exhibit D of the petition) for use in the State of Texas.

These filings were made pursuant to the Insurance Code Article 5.35 (b), which provides that the Commissioner may adopt policy forms and endorsements of national insurers. State Farm conforms to the definition of a national insurer and is, therefore, authorized to file its policies and endorsements with the Department to be considered by the Commissioner for adoption.

State Farm's original petition on this matter, filed on January 21, 1997, requested the adoption of a proposed new Texas homeowners policy. Since the filing of the original petition, State Farm and Department staff have engaged in extensive discussions and dialogue relating to the proposed form and endorsements. State Farm has made several modifications to the homeowners policy, as originally filed, as a result of its discussions with Department staff. On March 15, 2001, State Farm filed an amended petition in which it refiled its proposed new homeowners policy with the modifications that have been agreed upon by State Farm and staff and it also filed a proposed new renters policy, condominium unitowners policy, and thirty-three endorsements as additional items to be considered by the Commissioner. On June 12, 2001, State Farm amended its petition by withdrawing endorsement no. FE-7421.1 and substituting in its place endorsement no. FE-8716. A hearing on the policy forms and endorsements filed with the March 15, 2001, petition was originally set for July 24, 2001. Notice of the hearing was published in the June 22, 2001, issue of the Texas Register (26 TexReg 4739). At the request of State Farm, the Texas Department of Insurance postponed the public hearing, with notice of the postponement published in the August 3, 2001, issue of the Texas Register (26 TexReg 5857). On November 16, 2001, State Farm filed an amended petition in which it refiled its proposed new homeowners policy, renters policy, condominium unitowners policy, and thirty-three endorsements with certain modifications and two new Fungus Exclusion Endorsements and a Fungus Limited Coverage Endorsement as additional items to be considered by the Commissioner.

I. State Farm Policies. The State Farm homeowners policy (form No. FP-7955), renters policy (form No. FP-7954), and condominium unitowners policy (form No. FP-7956) have not been modified from those that were proposed and noticed in the June 22, 2001 issue of the Texas Register (26 TexReg 4739). Since these policies were discussed in the June 22, 2001 exempt filing notification, and the discussion regarding the coverage in these policies continues to be accurate, the Department refers persons who are seeking information on these policies to the prior notification.

A copy of the proposed policy forms is available as Exhibits A-C of the November 16, 2001, amended petition.

II. Endorsements Previously Proposed.

A. Endorsements Previously Proposed But Not Amended. State Farm proposed thirty-three new endorsements in the March 15, 2001, petition filed with the Department. Thirty-one of these endorsements were refiled without revisions in State Farm's amended petition dated November 16, 2001. A copy of the proposed endorsements is available as part of Exhibit E of the November 16, 2001, amended petition.

B. Amendments to Endorsements Previously Proposed. The two Water Damage Endorsements FE-5369 and FE-5393 that were previously filed in State Farm's March 15, 2001 petition, were refiled in State Farm's amended petition dated November 16, 2001, however, they have been revised. Water Damage Endorsement FE-5369 which may be attached to the homeowners or condominium unitowners policy and Water Damage Endorsement FE 5393 which may be attached to the renters policy have been revised to add a broad definition of "fungus" to mean any type or form of fungus, including mold, mildew, mycotoxins, spores, scents or byproducts produced or released by fungi. These endorsements have been further revised to substitute the defined term "fungus" for the undefined terms "mold or fungus" wherever they appear in the endorsements. Additionally, in Section 1-Losses Insured, Coverage B-Personal Property a new Item 13., relating to sudden and accidental tearing asunder, cracking, burning, or bulging of a hot water heating system, air conditioning system, or fire protection sprinkler system, will be added to replace item 13. in the policies to clarify that the coverage provided under this item is limited to the coverage specifically provided by this endorsement.

A copy of the proposed amended endorsements is available as part of Exhibit E of the November 16, 2001 amended petition.

III. New Endorsements.

A. Fungus (Including Mold) Exclusion Endorsements FE-5398 and FE-5399. Fungus (Including Mold) Exclusion Endorsement FE-5398 which will be attached to a homeowners or condominium unitowners policy and FE-5399 which will be attached to a renters policy are intended to exclude losses resulting from fungus. Fungus is broadly defined in these endorsements to mean any type or form of fungus including mold, mildew, mycotoxins, spores, scents, or byproducts that are produced or released by fungi. These endorsements amend Section 1-Losses Insured, items 12.d. and 13.b. to remove the word "mold" from these exceptions to coverage to restructure the policies to create a separate and more comprehensive fungus exclusion. These endorsements amend the Section 1-Losses Not Insured portion of the policy by adding item g. to item 2. to exclude coverage for any loss of use or delay in rebuilding, repairing or replacing covered property, including any associated cost or expense due to interference at the residence premises or location of the rebuilding, repair or replacement that is caused by or results from fungus. Remediation is excluded including the cost to remove fungus from covered property or to repair, restore, or replace damaged property and tearing out and replacing any part of the building or other property as needed to gain access to the fungus. The excluded remediation further includes the cost of any testing or monitoring of air or property to confirm the type, absence, presence or level of fungus, whether performed prior to, during or after removal, repair, restoration or replacement of covered property.

A copy of the proposed amended endorsements is available as part of Exhibit E of the November 16, 2001, amended petition.

B. Fungus (Including Mold) Limited Coverage Endorsement FE-5410. This endorsement may be attached to homeowners, condominium unitowners, and renters policies to provide remediation of fungus if the fungus is the result of a covered cause of loss. Coverage is provided for any loss of use or delay in rebuilding, repairing or replacing covered property, including any associated cost or expense due to interference at the residence premises or location of the rebuilding, repair or replacement, by fungus. Coverage is provided for remediation including the cost to remove fungus from covered property or to repair, restore or replace damaged property and tearing out and replacing any part of the building or other property as needed to gain access to the fungus. Coverage for remediation also includes the cost of any testing or monitoring of air or property to confirm the type, absence, presence or level of fungus, whether performed prior to, during or after removal, repair, restoration or replacement of covered property.

The endorsement does not provide any coverage for fungus which is the result of: (1) continuous or repeated seepage or leakage of water or steam from heating, air conditioning or automatic fire protective sprinkler system, household appliance or plumbing system; or (2) defect, weakness, inadequacy, fault or unsoundness in planning, zoning, development, surveying, siting, design, specifications, workmanship, construction, grading, compaction, materials used in construction or repair, or maintenance of any property whether on or off the residence premises.

Fungus coverage is subject to the following conditions: (1) immediate notice must be provided to the insurer of the occurrence of the covered cause of loss, (2) remediation must begin as soon as possible, and (3) all reasonable means must be used to save and preserve the property from further damage.

Coverage is available for up to four different limits: $15,000, $25,000, $50,000, and the full Coverage A (Dwelling) limit of liability. The limit of liability will be shown on the policy declarations page. This limit applies regardless of the number of covered causes of loss that combine or contribute to the presence of resulting fungus, or the number of claims made during the policy period. The limit also includes any payments for Section I - Additional Coverages and Coverage C - Loss of Use. The limit of liability for the Fungus (Including Mold) Limited Coverage Endorsement is not in addition to the limit of insurance that applies to covered property.

A copy of the proposed amended endorsement is available as part of Exhibit E of the November 16, 2001, amended petition.

IV. State Farm's Plan to Phase In the Fungus Endorsements. State Farm has informed the Department that when the proposed fungus endorsements have been adopted, State Farm will offer the Fungus (Including Mold) Limited Coverage Endorsement to new policyholders and existing policyholders currently receiving mold damage coverage under the HO-B policy form. Existing policyholders can elect to include mold coverage by adding this coverage by endorsement for an additional premium charge. State Farm has also agreed to make the Fungus (Including Mold) Limited Coverage Endorsement available to new and existing policyholders under the condominium unitowners policy and the renters policy. If the fungus coverage endorsement is rejected by new or existing policyholders, it will not be available for purchase at a later date.

V. Consumer Disclosures. State Farm agrees to provide disclosures in an explanatory letter and summary of coverages noting where there is less coverage in the State Farm policies and endorsements, including where there is less fungus coverage, than in the currently prescribed policies. These disclosures will be provided to the policyholders who are being converted from the currently prescribed Texas forms to the new State Farm policy forms and endorsements.

The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.35 and 5.96.

A copy of the amended petition, including the exhibits with the full text of the proposed policy forms, endorsements, and side by side comparison and a copy of the exempt filing notice are available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. Additionally, a copy of the petition that was noticed for hearing on July 24, 2001, including the exhibits with the full text of the proposed policy forms and endorsements and a side by side comparison of the proposed State Farm homeowners policy and the HO-B, and a copy of the exempt filing notice are also available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petitions, side by side comparison, and the exempt filing notices, please contact Angie Arizpe at (512) 463-6326; refer to (Ref. No. P-0301-04). A copy of the exempt filing notice that appeared in the June 22, 2001, issue of the Texas Register (26 TexReg 4739) and this exempt filing notice that will appear in the January 4,2002 issue of the Texas Register can be found on our agency home page at http://www.tdi.state.tx.us.

Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comments is to be submitted to Marilyn Hamilton, Associate Commissioner, Property and Casualty Program, Texas Department of Insurance, P. O. Box 149104, MC 104-PC, Austin, Texas 78714-9104.

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

TRD-200108209

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: December 21, 2001

1.0 Name and Style of Game.

A. The name of Instant Game No. 701 is "$25,000 HEARTS". The play style is "add up with legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 701 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 701.

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: HEART SYMBOL, SPADE SYMBOL, CLUB SYMBOL, DIAMOND SYMBOL, and STAR SYMBOL.

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

Table 1 of this section Figure 1: GAME NO. 701 - 1.2D

[graphic]

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

Table 2 of this section. Figure 2: GAME NO. 701 - 1.2E

[graphic]

Low-tier winning tickets use the required codes listed in Figure 2: GAME NO. 701 - 1.2E. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2: GAME NO. 701 - 1.2E with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

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

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

H. Mid-Tier Prize - A prize of $25.00, $50.00, $100, $250, or $500.

I. High-Tier Prize - A prize of $1,000, $5,000, or $25,000.

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

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (701), 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: 701-0000001-000.

L. Pack - A pack of "$25,000 HEARTS" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Ticket 000 and 001 will be shown on the front of the pack. The backs of tickets 248 and 249 will show. Every other book will be opposite.

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 "$25,000 HEARTS" Instant Game No. 701 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 "$25,000 HEARTS" Instant Game is determined once the latex on the ticket is scratched off to expose 12 (twelve) play symbols. The player must scratch each card. The player must count up the heart symbols found and match the number found to the prize in the chart. If the player gets a star symbol under any card the player will win $50.00. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 12 (twelve) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 12 (twelve) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No more than four (4) duplicate non-winning play symbols on a ticket.

C. The Star symbol may appear only once on a ticket.

D. There will always be one Heart symbol on non-winning tickets.

2.3 Procedure for Claiming Prizes.

A. To claim a "$25,000 HEARTS" Instant Game prize of $2.00, $5.00, $10.00, $15.00, $25.00, $50.00, $100, $250, or $500 a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, $250, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "$25,000 HEARTS" Instant Game prize of $1,000, $5,000, or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "$25,000 HEARTS" 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 "$25,000 HEARTS" 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 "$25,000 HEARTS" 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 5,147,500 tickets in the Instant Game No. 701. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3: GAME NO. 701- 4.0

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 701 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. 701, 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-200108138

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: December 20, 2001

1.0 Name and Style of Game.

A. The name of Instant Game No. 707 is "CATTLE DRIVE CASH". The play style in Game 1 is "beat score". The play style in Game 2 is "key symbol match". The play style in Game 3 is "row, column, diagonal". The play style in Game 4 is "key symbol match with doubler". The play style in Game 5 is "key symbol match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 707 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 707.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, $1.00, $2.00, $4.00, $5.00, $8.00, $10.00, $25.00, $50.00, $75.00, $100, $500, $5,000, $50,000, GOLD BAR SYMBOL, COIN SYMBOL, MONEY BAG SYMBOL, STACK OF BILLS SYMBOL, DOLLAR SIGN SYMBOL, X SYMBOL, [ ] SYMBOL, BOOT SYMBOL, HAT SYMBOL, SADDLE SYMBOL, SPUR SYMBOL, HORSE SYMBOL, STAR SYMBOL, HORSESHOE SYMBOL, SINGLE SYMBOL, and DOUBLE SYMBOL.

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

Table 1 of this section Figure 1: GAME NO. 707 - 1.2D

[graphic]

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

Table 2 of this section. Figure 2: GAME NO. 707 - 1.2E

[graphic]

Low-tier winning tickets use the required codes listed in Figure 2: GAME NO. 707 - 1.2E . Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2: GAME NO. 707 - 1.2E 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 $5.00, $8.00, $10.00, $12.00, or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00, $75.00, $100, or $500.

I. High-Tier Prize - A prize of $5,000, or $50,000.

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

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (707), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 707-0000001-000.

L. Pack - A pack of "CATTLE DRIVE CASH" Instant Game tickets contain 75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 000 and back of 074, while the other fold will show the back of ticket 000 and front of 074.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CATTLE DRIVE CASH" Instant Game No. 707 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 "CATTLE DRIVE CASH" Instant Game is determined once the latex on the ticket is scratched off to expose 37 (thirty seven) play symbols. In the Round Up section, if the number of the player's YOUR DRIVES beats the number of THEIR DRIVES in the same row the player will win the prize shown for that row. In the Fast $10 section, if the player matches both symbols the player will win $10 automatically. In the Lucky Lasso section, if the player gets three (3) Xs in the same row, column or diagonal, the player will win the prize under the prize area. In the Double Up section, if the player finds the work "DOUBLE" under the dice, the player will double the total winnings on the ticket. In the Texas Matchup section, if the player matches three (3) symbols across within a game, the player will win the prize shown in the prize legend. 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 37 (thirty seven) 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 37 (thirty seven) 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 37 (thirty seven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 37 (thirty seven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. In the Round Up section, there will be no ties in a row.

C. In the Round Up section, there will be no duplicate non-winning Yours play symbols on a ticket.

D. In the Round Up section, there will be no duplicate Theirs play symbols on non-winning rows on a ticket.

E. In the Round Up section, there will be no duplicate non-winning prize symbols in the four rows.

F. In the Lucky Lasso section, all games will contain 4 Xs and 5 [ ]s or 5 Xs and 4 [ ]s.

G. In the Lucky Lasso section, there will be no occurrence of 3 like [ ]s in a row, column or diagonal.

H. In the Double Up section, all tickets that are not intended to double per the prize structure will contain the SINGLE symbol.

I. In the Texas Matchup section, there will be no duplicate non-winning games in any order.

J. In the Texas Matchup section, there will be many near wins.

2.3 Procedure for Claiming Prizes.

A. To claim a "CATTLE DRIVE CASH" Instant Game prize $5.00, $8.00, $10.00, $12.00, $20.00, $25.00, $50.00, $75.00, $100, and $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $75.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "CATTLE DRIVE CASH" Instant Game prize of $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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 "CATTLE DRIVE CASH" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "CATTLE DRIVE CASH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 3,010,500 tickets in the Instant Game No. 707. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 707- 4.0

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 707 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. 707, 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-200108140

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: December 20, 2001

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 4, 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 TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 4, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: City of Georgetown; DOCKET NUMBER: 2001-0522-PWS-E; TNRCC ID NUMBER: 2460001; LOCATION: 330 Cedar Breaks Park Road, 30500 Berry Creek Drive, and 1107 W.L. Walden Drive, Georgetown, Williamson County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to timely secure sanitary control easements for wells or obtain a variance for said wells; 30 TAC §290.43(c)(8), by failing to maintain the outside surface of the clear well in accordance with standards set by the American Water Works Association (AWWA); 30 TAC §290.43(c)(8), by failing to maintain the outside surface of the ground storage tank in accordance with standards set by the AWWA; 30 TAC §290.46(j), by failing to maintain customer service inspection certifications in a manner approved by the TNRCC; PENALTY: $1,063; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Dr., Suite. 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Michael Stubbs dba Michael Stubbs Dairy; DOCKET NUMBER: 2000-0765- AGR-E; TNRCC ID NUMBER: none; LOCATION: approximately 1/4 mile south of the intersection of County Road (CR) 2324 and CR 2431, near Como, Hopkins County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: 30 TAC §321.31(a) and TWC, §26.121, by failing to prevent the unauthorized discharge of waste and/or wastewater from the irrigation line into Coffee Creek; 30 TAC §321.39(f)(6), (12), and (20), by failing to prevent the accumulation of solids in the treatment lagoons, failing to maintain the freeboard in the retention facilities at a minimum of two feet, and failing to maintain a permanent marker to show the volume required for a 25-year, 24-hour rainfall event and the predetermined minimum treatment volume within any treatment lagoons; PENALTY: $7,500; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200108054

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: December 18, 2001

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 18, 2002 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 18, 2002 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: Aquasource Utility, Inc. dba Pine Trails Utility, Inc., The Gap Water Company, Cherokee Point Water Company, Inc., Ingram Water Supply, Inc. dba H2M Water System; DOCKET NUMBER: 2001-0677-PWS-E; IDENTIFIER: Public Water Supply (PWS) Numbers 1010535, 2210023, 0320015, 2200341, 2200329, and 1330011 and Certificate of Convenience and Necessity Numbers 10938, 11157, 11993, 11903, and 11728; LOCATION: Houston, Buffalo Gap, near Tyler, Kerrville, and Fort Worth; Harris, Taylor, Kerr, and Tarrant Counties, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.87(a), (c) and (e)(1) and (2)(A), (B), (I), and (J), by failing to calculate the bills, charge the approved one-time penalty of either $5.00 or 10% for customers with delinquent bills, render on a monthly basis the customer bills, indicate on the customer bills the date and reading of the meter, the number and kind of units metered, the date by which customers must pay the bill, and the total amount due; and 30 TAC §291.21(a) and the Code, §13.187(a), by failing to charge rates as prescribed in its approved tariff. PENALTY: $17,292; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500; 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674; 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096; and 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Mobeen Aslam and Aries Associates, Incorporated; DOCKET NUMBER: 2001-0750-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Number 0063159; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: motor vehicle fuel dispensing station; RULE VIOLATED: 30 TAC §115.244(1) and (3), and THSC, §382.085(b), by failing to perform daily Stage II system inspections and perform monthly Stage I inspections; 30 TAC §115.246(1), (3), and (5), and THSC, §382.085(b), by failing to produce a copy of the California Air Resource Board Executive Order G-70-183, produce maintenance records for the Stage II system, and produce copies of the annual pressure decay tests; and 30 TAC §115.248(1) and THSC, §382.085(b), by failing to have a facility representative train all employees on the operation of the Stage II system and have a facility representative receive approved TNRCC training for Stage II systems; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118- 6951, (817) 588-5800.

(3) COMPANY: City of Bonham; DOCKET NUMBER: 2001-0841-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Permit Number 1303; LOCATION: Bonham, Fannin County, Texas; TYPE OF FACILITY: closed landfill; RULE VIOLATED: 30 TAC §330.254(a)(1) and MSW Permit Number 1303, by failing to correct leachate migration and ponding of water; 30 TAC §330.5 and the Code, §26.121, by failing to prevent discharges of leachate to surface soil and offsite from the landfill; and 30 TAC §312.9, by failing to pay sludge hauler fees; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Burt Farms, Inc.; DOCKET NUMBER: 2001-0600-AGR-E; IDENTIFIER: Enforcement Identification Number 16357; LOCATION: near Lake Creek, Lamar County, Texas; TYPE OF FACILITY: preconditioning animal feeding operation; RULE VIOLATED: 30 TAC §321.33(e), §321.39(f)(24)(B) and (K), and the Code, §26.121, by failing to maintain stockpiled manure and design and maintain the earthern pens to ensure good drainage; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(5) COMPANY: Columbia Industries, Inc.; DOCKET NUMBER: 2001-1216-AIR-E; IDENTIFIER: Air Account Number BG-0065-V; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: bowling ball manufacturing; RULE VIOLATED: 30 TAC §116.116, Permit No. 4448, and THSC, §382.085(b), by failing to amend its permit; and 30 TAC §116.115, Permit Number 4448, and THSC, §382.085(b), by failing to maintain a copy of the Annual Raw Material Consumption Table; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Gloria Stanford, (512) 239-1871; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: Compass Operating, L.L.C.; DOCKET NUMBER: 2001-0793-AIR-E; IDENTIFIER: Air Account Number KA-0022-L; LOCATION: Panna Maria, Karnes County, Texas; TYPE OF FACILITY: natural gas treatment and compression; RULE VIOLATED: 30 TAC §122.145(2) and THSC, §382.085(b), by failing to submit the deviation reports; and 30 TAC §122.146(1) and THSC, §382.085(b), by failing to submit annual compliance certifications; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Alita Champagne, (512) 239-0784; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(7) COMPANY: Eurecat U.S. Incorporated; DOCKET NUMBER: 2001-0747-IHW-E; IDENTIFIER: Solid Waste Registration Number 34730; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: catalyst regeneration; RULE VIOLATED: 30 TAC §335.152(a)(4) and 40 Code of Federal Regulations (CFR) §264.73(b)(2), by failing to maintain an operating record that accurately lists the location and quantity of each hazardous waste; and 30 TAC §335.431(c)(1) and 40 CFR §268.50(c), by failing to comply with the prohibitions on the storage of restricted hazardous wastes; PENALTY: $20,000; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Homer Stevens dba The Farm Country Club; DOCKET NUMBER: 2001-0726- MWD-E; IDENTIFIER: Enforcement Identification Number 16417; LOCATION: Bandera, Bandera County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.1(b) and the Code, §26.121, by failing to obtain a permit authorizing the discharge of effluent from the wastewater treatment facility; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(9) COMPANY: Fuel & Enterprises, Inc. dba Tiger Mart #20; DOCKET NUMBER: 2001-0965- PST-E; IDENTIFIER: PST Facility Identification Number 0072839; LOCATION: Midlothian, Ellis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to ensure the underground storage tank (UST) and self-certification forms were fully and accurately completed; PENALTY: $600; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Jim Hogg County; DOCKET NUMBER: 2001-0580-MSW-E; IDENTIFIER: Unauthorized MSW Site Number 455150016; LOCATION: Hebbronville, Jim Hogg County, Texas; TYPE OF FACILITY: unauthorized landfill; RULE VIOLATED: 30 TAC §330.5 and the Code, §26.121, by failing to comply with the general prohibitions against unauthorized waste discharges; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(11) COMPANY: George Mathis; DOCKET NUMBER: 2001-0406-MSW-E; IDENTIFIER: Unauthorized MSW Site Number 45514011; LOCATION: Waelder, Gonzales County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste; RULE VIOLATED: 30 TAC §330.5 and the Code, §26.121, by failing to properly dispose of municipal solid waste; and 30 TAC §111.201, §330.5, and THSC, §382.085(b), by failing to comply with the general prohibition requirements concerning outdoor burning; PENALTY: $600; ENFORCEMENT COORDINATOR: Carol McGrath, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(12) COMPANY: Motiva Enterprises LLC dba Texas City Shell; DOCKET NUMBER: 2001- 0593-PST-E; IDENTIFIER: PST Facility Identification Number 0017673; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(J) and THSC, §382.085(b), by failing to repair or replace the inoperative or defective Stage I dry break poppet valve; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Gloria Stanford, (512) 239-1871; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Muleshoe Area Hospital District dba Muleshoe Area Medical Center; DOCKET NUMBER: 2001-0888-PST-E; IDENTIFIER: PST Facility Identification Number 67900; LOCATION: Muleshoe, Bailey County, Texas; TYPE OF FACILITY: hospital; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I) and (B), by failing to submit a UST registration and self- certification form; PENALTY: $720; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796- 7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(14) COMPANY: National Fuels and Lubricants, Inc.; DOCKET NUMBER: 2001-0975-PST-E; IDENTIFIER: Enforcement Identification Number 16681; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: trucking company; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator of the regulated UST systems had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796- 7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(15) COMPANY: William Whatley dba Precision Commercial Plumbing, Inc.; DOCKET NUMBER: 2001-0360-OSI-E; IDENTIFIER: Installer Registration Number OS5954; LOCATION: Salado, Bell County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.58(a)(5) and THSC, §366.004 (formerly 30 TAC §285.61(7)), by failing to install the approved on-site sewage facility; PENALTY: $500; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(16) COMPANY: Greg Price and United Petroleum Transports, Inc.; DOCKET NUMBER: 2001-0953-PST-E; IDENTIFIER: Enforcement Identification Number 16561; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator has a valid, current TNRCC delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: Silver Creek Village Water Supply Corporation; DOCKET NUMBER: 2001- 0826-PWS-E; IDENTIFIER: PWS Number 0270021 and CCN Number 11709; LOCATION: Burnet, Burnet County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e)(1)(A), (f)(3)(A)(i) and (ii), and (n)(2), and THSC, §341.033, by failing to have a certified waterworks operator, maintain a record of when dead-end mains were flushed, maintain a record of the annual storage tank inspections, maintain a record of the annual pressure tank inspections, maintain a record of the customer service inspection certificates, maintain records of the weekly chlorine residual tests, maintain records of the amount of chemicals used each day to treat water, maintain records of the volume of water treated each day, and have a map of the distribution system; 30 TAC §290.45(b)(1)(C)(ii), (iii) and (iv), and THSC, §341.0315(c), by failing to provide a storage tank capacity of at least 200 gallons per connection, provide the minimum required service pump capacity of two gallons per minute per connection and provide a pressure tank capacity of at least 20 gallons per connection; and 30 TAC §290.41(c)(1)(F) and (3)(N), by failing to obtain sanitary control easements, having wells located within 150 feet of a septic tank perforated drain field, and have a flow measuring device; PENALTY: $1,938; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(18) COMPANY: Silverleaf Resorts, Inc. dba Ascension Resorts, Ltd.; DOCKET NUMBER: 2001-0941-PST-E; IDENTIFIER: PST Facility Identification Number 59508; LOCATION: Flint, Smith County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I), (5)(A)(i), and the Code, §26.346(a), by failing to submit a TNRCC UST registration and self-certification form and make available to a common carrier a valid, current TNRCC delivery certificate prior to accepting the delivery of a regulated substance; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(19) COMPANY: Town & Country Food Stores, Inc.; DOCKET NUMBER: 2001-0968-PWS-E; IDENTIFIER: PWS Number 1520179; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(A), (f)(3)(F), Agreed Order Docket Number 2000-0946-PWS-E, and THSC, §341.0315(c) and §341.031(a), by failing to operate the disinfection equipment to provide a free chlorine residual of 0.2 milligrams per liter and maintain and submit 60 days of chlorine residual monitoring data; and 30 TAC §290.42(e)(7), by failing to properly seal the hypochlorination solution container; PENALTY: $1,688; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(20) COMPANY: United Petroleum Transports, Inc.; DOCKET NUMBER: 2001-0829-PST-E; IDENTIFIER: Enforcement Identification Number 16439; LOCATION: Grapevine, Tarrant County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator has a valid, current TNRCC delivery certificate; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: Gary Viss dba Gary Viss Dairy; DOCKET NUMBER: 2001-0654-AGR-E; IDENTIFIER: Water Quality Permit Number 0003186-000; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §305.125(1) and Water Quality Permit Number 0003186-000, and the Code, §26.121, by failing to comply with the conditions of the permit, maintain records of waste application to adjacent landowners property, comply with conditions of the permit pertaining to the unauthorized construction and alterations made to the secondary wastewater collection system, and conduct sampling of soils of the application area, the irrigated wastewaters, and solid waste prior to applications; 30 TAC §321.39(f)(18), by failing to protect the liner from vegetation; 30 TAC §330.5(a)(1), by failing to adequately dispose of excessive levels of facility generated veterinarian waste; and 30 TAC §321.39(f)(10)(c), by failing to provide a lagoon liner certification; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

TRD-200108131

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: December 20, 2001

The Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive comments regarding revisions to 30 TAC Chapter 115 and to the State Implementation Plan (SIP) under the requirements of the Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning SIPs. The amendments to Chapter 115 are proposed as a revision to the SIP.

The proposed rulemaking is a staff initiative that would make a variety of changes which clarify and add flexibility to existing requirements, correct technical and typographical errors, update references to terms, and delete redundant language. The rulemaking would also revise the recordkeeping requirements for consistency with the fugitive emissions monitoring program required by §115.324 for petroleum refineries in Gregg, Nueces, and Victoria Counties. Specifically, the proposed amendments add requirements for keeping records of the date the component was monitored, the results of the monitoring, the test method used, and the date on which a first attempt at repair was made to a leaking component. Similarly, the rulemaking would also revise the recordkeeping requirements for consistency with the fugitive emissions monitoring program required by §115.354 for petroleum refining, natural gas/gasoline processing, and petrochemical processes in ozone nonattainment areas.

A public hearing on the proposal will be held January 23, 2002, at 2:00 p.m. in Room 3202A of Texas Natural Resource Conservation Commission, Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Comments may be submitted to Ms. Angela Slupe, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087; or by fax at (512) 239-4808. All comments must be received on January 23, 2002, and should reference Rule Log No. 2002-037-115-AI. Comments received by 5:00 p.m. on that date will be considered by the commission before any final action on the proposal. For further information, please contact Ms. Jill Burditt at (512) 239-0560.

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

TRD-200108162

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: December 20, 2001

In accordance with the requirements of Texas Government Code, Chapter 2001, Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive comments concerning revisions to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles.

The proposed new sections establish the minimum guidelines for counties to implement a low income vehicle repair assistance, retrofit, and accelerated vehicle retirement program (LIRAP) in accordance with House Bill 2134, 77th Legislature, 2001. The proposed rules apply only to counties that implement a vehicle inspection and maintenance (I/M) program and have elected to implement LIRAP provisions. The proposed rules are designed to assist participating counties in implementing a LIRAP.

Public hearings on this proposal have been scheduled for the following times and locations: January 22, 2002, 10:00 a.m. and 7:00 p.m., City of Houston, City Council Chambers, 2nd Floor, 901 Bagby, Houston; January 23, 2002, 10:00 a.m. and 6:30 p.m., City of Irving, Central Library Auditorium, 801 West Irving Boulevard, Irving; and January 24, 2002, 2:00 p.m. and 7:00 p.m., City of El Paso, City Council Chambers, 2nd Floor, 2 Civic Center Plaza, El Paso. The hearings will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearings; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearings and will answer questions before and after the hearings.

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

Written comments may be submitted to Joyce Spencer, MC-205, Texas Natural Resource Conservation Commission, Office of Environmental Policy, Analysis, and Assessment, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Log Number 2001-035a-114-AI. Comments must be received by 5:00 p.m., January 24, 2002, although oral and written comments submitted at the January 24, 2002 hearing will be accepted. For further information, please contact Jill Burditt, Policy and Regulations Division, at (512) 239-0560. Copies of the proposed rules can be obtained from the commission's website at www.tnrcc.state.tx.us/oprd/rules/propadop.html , or by call Ms. Spencer at (512) 239- 5017.

TRD-200108186

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: December 20, 2001

The Texas Natural Resource Conservation Commission will conduct public hearings to receive testimony concerning revisions to 30 TAC Chapter 116, Subchapters A, H, and I, concerning Control of Air Pollution by Permits for New Construction or Modification; and Chapter 39, Subchapter H and Subchapter K, concerning Public Notice; and a revision to the state implementation plan (SIP) under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency regulations concerning SIPs. All sections of Chapter 116, Subchapter H; the new and amended sections of Chapter 116, Subchapters A and I; and the new and amended sections of Chapter 39 are proposed to be submitted as revisions to the state implementation plan.

The proposed revisions to Chapters 116 establish requirements and procedures for the permitting of grandfathered facilities in accordance with Sections 5.02 - 5.04 of House Bill (HB) 2912, 77th Legislature, 2001, and establish an incentive program for the reduction of emissions of nitrogen oxides from certain grandfathered reciprocating internal combustion engines associated with pipelines as authorized by Section 78 of HB 2914, 77th Legislature, 2001. The proposed revisions to Chapter 39, Public Notice, clarify the notice and hearing requirements for grandfathered facility permits consistent with HB 2912 requirements.

Public hearings for this proposed rulemaking have been scheduled for the following times and locations: January 22, 2002, 7:00 p.m., Tyler Junior College Regional Training and Development Center, Room 104, 1530 South Southwest Loop 323, Tyler; January 23, 2002, 7:00 p.m., City of Houston, City Council Chambers, 2nd Floor, 901 Bagby, Houston; January 24, 2002, 7:00 p.m., City of Odessa, City Council Chambers; 5th Floor, 411 West 8th Street, Odessa; January 28, 2002, 6:30 p.m., City of Irving, Central Library Auditorium, 801 West Irving Boulevard, Irving; and January 29, 2002, 2:00 p.m., Texas Natural Resource Conservation Commission, 12100 North I-35, Building F, Room 2210, Austin.

The hearings are structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearings; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearings, and answer questions before and after the hearings.

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

Comments may be submitted to Joyce Spencer, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087; or by fax at (512) 239-4808. All comments must be received by 5:00 p.m. on January 29, 2002. All comments should reference Rule Log No. 2001-076-116-AI. For further information, please contact Jill Burditt, Policy and Regulations Division, at (512) 239-0560. Copies of the proposed rules can be obtained from the commission's website at www.tnrcc.state.tx.us/oprd/rules/propadop.html , or by calling Ms. Spencer at (512) 239-5017.

TRD-200108185

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: December 20, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on December 18, 2001, for a certificate of convenience and necessity (CCN) for a proposed transmission line in Collin County, Texas.

Docket Style and Number: Application of TXU Electric Company (TXU) for a Certificate of Convenience and Necessity for a Proposed Transmission Line in Collin County, Texas. Docket Number 25179.

The Application: On December 18, 2001, TXU filed an application for a certificate of convenience and necessity for construction of a single circuit 138 kV transmission line in Collin County, Texas. The proposed transmission line will begin at the existing Collin Steam Electric Station (SES) in Collin County. The existing Collin SES is located north of Collin County Road 24 and approximately 3,000 feet west of Preston Road. The new transmission line will replace an existing single circuit 138 kV transmission line and will be constructed within the existing, maintained TXU right-of-way. For the first 55,170 feet (from Collin SES to its intersection with the two existing transmission lines located south of the Carpenter Park Recreation Center in Plano), the centerline of the existing 138 kV transmission line will be coincident with the centerline of the existing 138 kV transmission line. The new transmission line will extend to the southeast from the Collin SES for approximately 4,800 feet to an angle point, located approximately 450 feet southeast of the intersection of Collin County Road 1043 and Preston Road. In this segment, the new transmission line will cross over Collin County Road 1043 and Preston Road. From the angle point located approximately 1,600 feet east of the Preston Road and 2,800 feet south of Collin County Road 23. From the angle point, the new transmission line proceeds in a southeasterly direction for approximately 10,700 feet to an angle point located approximately 1,900 feet west of Coit Road and 2,600 feet north of Farm to Market Road 720. This segment of the new transmission line will cross over Collin County Road 22. From the angle point, the new transmission line will cross over Collin County Road 22. From the angle point, the new transmission line will cross over Collin County Road 22. From the angle point the new transmission line turns in a south/southeasterly direction for approximately 1,900 feet to an angle point located approximately 1,300 feet west of Coit Road and approximately 850 feet north of Farm to Market Road 720. From the angle point, the new transmission line turns to the south for approximately 48,500 feet to an angle point located approximately 2,500 feet west of Coit Road and 1,900 feet north of Plano Parkway. In this segment, the new transmission line will cross over Farm to Market Road 720, Lebanon Road, State Highway 121, McDermott Drive, Hedgcoxe Road, Legacy Drive, Spring Creek Parkway, Parker Road, and Park Boulevard. A portion of this segment of the new transmission line will parallel an existing TXU 345 kV transmission line. From the angle point, the new transmission line turns to the south/southeast for approximately 1,250 feet to an angle point located 800 feet north of Plano Parkway and 2,500 feet west of Coit Road. From the angle point, the new transmission line turns to the south for approximately 2,500 feet to an angle point located approximately 2,800 feet west/northwest of the intersection of Plano Parkway and Coit Road. In this segment, the new transmission line will cross over Plano Parkway. From the angle point, the new transmission line turns in a westerly direction for approximately 850 feet to the existing Renner Switching Station, located approximately 1,700 feet south of Plano Parkway and approximately 3,600 feet west of Coit Road. The estimated cost of this project is $12,414,319.

Pursuant to P.U.C. Substantive Rule §25.101(c)(4), the commission must render a decision approving or denying an application for a certificate within one year of the date of filing of a complete application for such certificate.

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

TRD-200108191

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 20, 2001

On December 18, 2001, Rhythms Links, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60204. Applicant intends to relinquish its certificate.

The Application: Application of Rhythms Links, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 24499.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than January 9, 2002. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24499.

TRD-200108124

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 19, 2001

On December 19, 2001, NOW Communications, Inc. 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 60167. Applicant intends to reflect a change in ownership through the purchase of Tel-Link, LLC, and Talk Solutions, Inc., whose certificates will be relinquished as a result of the purchase.

The Application: Application of NOW Communications Inc. for an Amendment to its Service Provider Certificate of Operating Authority, and Relinquishment of Talk Solutions, Inc., and Tel-Link, LLC of their Service Provider Certificates of Operating Authority, Docket Number 25193.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than January 9, 2002. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing- and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25193.

TRD-200108190

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 20, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on December 18, 2001, for approval of an increase in certain depreciation rates pursuant to §52.252 and §53.056 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998 & Supplement 2002) (PURA). A summary of the application follows.

Docket Title and Number: Application of Five Area Telephone Cooperative, Inc. for an Increase in Certain Depreciation Rates.

The Application: Five Area Telephone Cooperative, Inc. (Five Area) filed with the Public Utility Commission of Texas (commission) an application for approval of an increase in certain depreciation rates. Five Area seeks a depreciation rate increase from 10.2% to 32.03% for general purpose computers and from 7.6% to 9.59% for circuit equipment for lightwave, effective January 1, 2002.

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

TRD-200108125

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 19, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on December 18, 2001, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of WesTex Communications, LLC for a Service Provider Certificate of Operating Authority, Docket Number 25175 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, T1-Private Line, and long distance services.

Applicant's requested SPCOA geographic area includes the area currently served by Southwestern Bell Telephone Company, Verizon Southwest, Valor Telecommunications of Texas, L.P., Central Telephone Company of Texas, Inc. doing business as Sprint-Centel, United Telephone Company of Texas, Inc. doing business as Sprint-United, Sugar Land Telephone Company, Texas-Alltel, Inc., TXU Communications Telephone Company, Eastex Telephone Cooperative, Inc., and Livingston Telephone Company.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than January 9, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200108122

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 19, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on December 18, 2001, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Phone-Link, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 25176 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

Applicant's requested SPCOA geographic area includes the area served by all incumbent local exchange companies throughout the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than January 9, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200108123

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 19, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on December 19, 2001, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Kentucky Universal Telecom, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 25194 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company, Verizon Southwest, United Telephone Company of Texas, Inc., doing business as Sprint, and Central Telephone Company of Texas, Inc., doing business as Sprint, Alltel Communications, Inc., and CenturyTel.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than January 9, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200108189

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 20, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on November 15, 2001, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Falcon Exchange for Expanded Local Calling Service, Project Number 25009.

The petitioners in the Falcon exchange request ELCS to the exchanges of Falcon Heights, Laredo, and Zapata.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than January 21, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200108133

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 20, 2001

On December 19, 2001, Southwestern Bell Telephone Company and NOS Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25195. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25195. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25195.

TRD-200108141

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 20, 2001

On December 19, 2001, Viteris Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25198. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25198. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25198.

TRD-200108142

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 20, 2001