State Auditor's Office
CPR Announcement
The Texas State Auditor's Office (SAO) is seeking proposals for professional
consulting services to perform a fiduciary review to evaluate and recommend
changes regarding key governance and investment issues for the Texas Permanent
School Fund (PSF). The SAO will provide contract management for the
The Legislative Audit Committee seeks a determination of whether: (1) the
PSF's investment practices follow sound fiduciary principles; and (2) the
PSF's organizational structure and governance are designed in a manner that
provides for the prudent, efficient, and ethical management of the PSF. The
Review's conclusions and recommendations will be submitted to the SBOE, the
TEA, and the Legislative Audit Committee, comprising the Lieutenant Governor,
the Speaker of the House, and the chairs of four legislative committees including
the budget committees, for their consideration.
For further information and proposal requirements, interested parties should
contact:
Joe White, Project Manager
A Fiduciary Review
of Key Governance and Investment Functions for the Texas Permanent School
Fund
Texas State Auditor's Office, Fourth Floor 1501 North Congress
Avenue Austin, Texas 78701 Telephone (512) 936-9591 E-mail to: jwhite@sao.state.tx.us
The anticipated submission deadline is July 3, 2002.
TRD-200203675
Frank Vito
Director of Assurance Services
State Auditor's Office
Filed: June 12, 2002
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were received for the following projects(s)
during the period of May 31, 2002, through June 6, 2002. The public comment
period for these projects will close at 5:00 p.m. on July 12, 2002. FEDERAL
AGENCY ACTIONS: Applicant: King Fisher Marine Service, Inc.; Location: The
project is located at the King Fisher Marine Harbor on Chocolate Bay, southwest
of Port Lavaca in Calhoun County, Texas. The street address for King Fisher
Marine Service, Inc. is 159 State Highway 361. The project can be located
on the U.S.G.S. quadrangle map entitled Port Lavaca East, Texas. Approximate
UTM Coordinates: Zone 14; Easting: 732800; Northing: 3162400. Project Description:
The applicant requests an extension of time for 10 years to perform maintenance
dredging of an existing access channel. Approximately 325,000 cubic yards
of material would be dredged during the 10 year maintenance period. The material
would be deposited in two upland placement areas located adjacent to the applicant's
harbor facility. The Phase 1 Placement Area is a 20.3-acre site that is currently
levied with dikes. Material would be excavated from a portion of this site
to rebuild and increase the elevation of the existing dikes. The excavated
material would also be used to construct dikes around the proposed 19.9-acre
Phase 2 Placement Area that is located immediately adjacent to the Phase 1
Placement Area. All dikes would have a final elevation of 20 feet. CCC Project
No.: 02-0140-F1; Type of Application: U.S.A.C.E. permit application #04950(05)
is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: City of Pasadena, Leisure & Educational Services; Location:
The project is located west of and adjacent to Red Bluff Road between Bay
Area Boulevard (south end) and Fairmont Parkway (north end) in Harris County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled
League City, Texas. Approximate UTM Coordinates: Zone 15; Easting: 293900
(north end), 299600 (south end), 299300 (mitigation site); Northing: 3281600
(north end), 3276400 (south end), 3276500 (mitigation site). Project Description:
The applicant requests authorization to construct a recreational hike and
bike trail and related facilities to be know as the Armand Bayou Hike and
Bike Trail. The project will consist of an approximate 5.25-mile hike and
bike trail, two bird watching areas, two parking facilities and a light boat
launch. The proposed work will result in impacts to 0.952 acre of jurisdictional
waters of the United States, including wetlands. Most of these impacts, 0.974
acre, will occur due to the construction of the hike and bike trail. The area
through which the trail will be constructed consists of bottomland forest
dominated primarily by Yaupon (Ilex vomitoria), Chinese tallow (Sapium sebiferum),
and willow oak (Quercus phellos). Several small depressional wetlands, a total
of 0.947 acre, will be filled to construct the trail. These wetlands areas
are dominated by Chinese tallow, soft rush (Juncus effuses), and rattle box
(Sesbania drumundii). In addition, the applicant will impact a 0.005-acre
open water area of Big Island Slough to construct a light boat launch. There
is no existing aquatic vegetation located within the area to be impacted.
As compensation for the wetland impacts and the impacts to Big Island Slough,
the applicant proposes to perform mitigation at a site located near the intersection
of Red Bluff Road and Bay Area Boulevard and traverse along the west side
of Red Bluff Road. The mitigation site, located in Harris County, is owned
by Harris County Precinct #2. It is primarily undeveloped and dominated by
Chinese tallow, willow oak, and yaupon. The applicant proposes to enhance
approximately 3 acres of wetlands on the mitigation site through the removal
and management of Chinese tallow. Herbicides and/or manual removal procedures
will be used to accomplish the mitigation. A monitoring program will be implemented
following the completion of the enhancement effort. The details of the mitigation
plan, including monitoring conditions and success criteria, have been made
a part of the project plans. CCC Project No.: 02-0142-F1 Type of Application:
U.S.A.C.E. permit application #22703 is being evaluated under §10 of
the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of
the Clean Water Act (33 U.S.C.A. §§125-1387).;
Applicant: North Star Steel Texas; Location: The project is located at
the North Star Steel Texas facility, off of Old Highway 90, adjacent to the
Neches River in Rose City, Orange County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled Beaumont East, Texas. Approximate
UTM Coordinates: Zone 15; Easting: 396625; Northing: 3327684. Project Description:
The applicant requests authorization to fill a portion of an existing natural
drainage to reroute stormwater from the northern boundary of the property
to the Neches River. Approximately 0.40-acre of jurisdictional waters of the
US would be impacted by the placement of 3,520 cubic yards of fill material
into the drainage ditch. The drainage will be reconnected to the original
ditch on the southern end of the property before it outfalls into the river.
In an effort to maintain the hydrologic integrity of an adjacent wetland to
the north of the portion of the drainage that will be filled, the applicant
proposes to construct a water control structure designed to regulate the rerouted
drainage. This structure will ensure that the adjacent wetland will not be
drained. CCC Project No.: 02-0144-F1; Type of Application: U.S.A.C.E. permit
application #22491 is being evaluated under §404 of the Clean Water Act
(33 U.S.C.A. §§125-1387).
Applicant: Dr. Alan Thayer; Location: The project is located on Galveston
Bay, 414 11th Street, Seabrook, Harris County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled League City, Texas. Approximate UTM
Coordinates: Zone 15; Easting: 304250; Northing: 3270550. Project Description:
The applicant proposes to place pre-formed 2-foot-high by 4-foot-wide by 8-foot
long concrete block waterward of an existing bulkhead to prevent damage during
storm events. The approximate size of the project is 50-foot wide along the
shoreline/bulkhead by 20-foot deep into the bay by 10-foot high at the bulkhead.
The applicant proposes to stack the blocks in a stagger formation 5 high by
5 deep. The mean high tide line at the existing bulkhead is approximately
5 feet. The proposed project will not affect vegetated shallows, oyster beds,
or wetlands. CCC Project No.: 02-0148-F1; Type of Application: U.S.A.C.E.
permit application #22687 is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean
Water Act (33 U.S.C.A. §§125-1387).
Applicant: Wayne Harper; Location: The project is located approximately
13.3 miles southeast of the City of Orange, in Bessie Heights Marsh, north
of and contiguous to the Neches River in Orange County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled Port Lavaca East, Texas.
Approximate UTM Coordinates: Zone 15; Easting: 408598.28; Northing: 3323818.59.
Project Description: The applicant requests authorization to retain approximately
0.52-acre of fill material that was placed into open waters of Bessie Heights
Marsh without a Department of the Army permit. The applicant also proposes
to place fill material into an additional 0.80-acre of open water habitat
in Bessie Heights Marsh. The existing and proposed fills are necessary to
drill and produce oil and/or gas in the Stark No. 16 Well. The proposed work
will consist of the installation and maintenance of an access road and the
construction and maintenance of a 210- by 250-foot drillsite, including ring
levee and appurtenant structures. As compensation for the open water impacts
in Bessie Heights Marsh, the applicant proposes to plant the edges of the
access road and well pad to create emergent marsh. The planting will be performed
following the completion of construction activities. The road and pad should
function much like the terraces installed as part of marsh restoration projects
for Coastal Wetlands Planning, Protection and Restoration Act (CWPRA) projects.
CCC Project No.: 02-0149-F1; Type of Application: U.S.A.C.E. permit application
#04950(05) is being evaluated under §10 of the Rivers and Harbors Act
of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: Neumin Production Company; Location: The project is located
in San Antonio Bay, approximately 4.5 miles south of Seadrift in Calhoun County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled
Mosquito Point, Texas. Approximate UTM Coordinates: Zone 14; Easting: 721300;
Northing: 3137000. Project Descripton: The applicant proposes to drill Well
No. 2 in State Tract 99 for petroleum extraction and place production structures
to facilitate this operation. Water depths at the proposed drill site range
from -5.5 to -7 feet MLT. Approximately 4,500 cubic yards of shell/gravel
fill will be used to construct a 27,000-square-foot pad for the drilling rig.
A 4 -inch flowline will connect Well No. 2 to an existing production line
for Well No. 1, both of which were authorized under Department of the Army
Permit 07220. The flowline will be installed to a minimum depth of 3 feet
below the mudline by disking, jetting, or plowing. The preferred route is
2,298 feet long and would traverse an existing shell pad used to drill Well
No. 1. Approximately 150 cubic yards shell would be excavated from the pad
and stored on a barge. Once the flowline is completed the shell material will
be replaced and the pad restored to its original contours. A 4,083-foot-long
alternative route is also being proposed if the preferred route is found to
have excessive environmental impacts. No wetlands, seagrasses, or live oysters
would be impacted by either route. CCC Project No.: 02-0150-F1; Type of Application:
U.S.A.C.E. permit application #2697 is being evaluated under §10 of the
Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the
Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: LBC PetroUnited, L.P.; Location: The project is located at the
LBC ship and barge docks in the Bayport Turning Basin, Seabrook, Harris County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled
League City, Texas. Approximate UTM Coordinates: Zone 15; Easting: 304022;
Northing: 3276915. Project Description: The applicant proposes to conduct
maintenance dredging at slightly different locations than that previously
authorized. The applicant has also requested authorization for an additional
2 feet of tolerance for overdredging or advanced maintenance. Authorization
is sought to dredge a total area of approximately 19,500 square feet at the
barge docks and a total of 59,400 square feet at the ship docks. The volume
of material to be dredged is approximately 4,800 cubic yards and would be
dredged by either mechanical or hydraulic means. The applicant requests authorization
to place material dredged by hydraulic means into Dredge Material Placement
Area #14 or #15 and to place material from mechanical dredging into the LBC
owned placement area authorized by Permit 21468. LBC's placement area is located
west of the Bayport Turning Basin and east of State Highway 146 in Harris
County. The applicant requests that the authorization to conduct maintenance
dredging be valid for a period of ten years. CCC Project No.: 02-0151-F1;
Type of Application: U.S.A.C.E. permit application #20684(03) is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
FEDERAL AGENCY ACTIVITIES:
Applicant: U.S. Army Corps of Engineers; Project Description: The applicant
has submitted a Draft Feasibility and Environmental Assessment for the GIWW
Section 216 Study, Matagorda Bay Re-Route, Brazos River to Port O'Connor,
in Matagorda and Calhoun Counties for review and comment. This study identifies
an alternate alignment for the reach of the GIWW across Matagorda Bay. The
dredged material management plan for the project includes the beneficial use
of dredged material to achieve environmental restoration benefits. The purpose
of this study is to develop and evaluate alternatives for navigation problems
that directly affect the GIWW and its traffic across Matagorda Bay. To allow
for a more effective, safe, and efficient waterway, the study focuses on eliminating
the major problems contributing to inefficiencies on the waterway, such as
one-way traffic, high shoaling rates due to extreme currents, and the high
number of groundings, which contribute to safety concerns. This study was
undertaken to evaluate operational needs and address environmental considerations
along the waterway, and is being conducted under the authority of Section
216 of the 1970 Flood Control Act. This authority provides for a review of
completed Corps of Engineers' projects that may have changed because of physical
or economic reasons. CCC Project No.: 02-0154-F2.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700
North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us.
Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.
TRD-200203678
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: June 12, 2002
Notice of Request for Proposals
Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020,
Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces
the issuance of a Request for Proposals (RFP #142a) from qualified, independent
firms to provide consulting services to Comptroller. The successful respondent
will assist Comptroller in conducting a management and performance review
of the Galena Park Independent School District (Galena Park ISD). Comptroller
reserves the right, in its sole discretion, to award one or more contracts
for a review of the Galena Park ISD included in this RFP. The successful respondent(s)
will be expected to begin performance of the contract or contracts, if any,
on or about September 16, 2002.
Contact: Parties interested in submitting a proposal should contact Clay
Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512)
305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the
RFP only to those specifically requesting a copy. The RFP was made available
for pick-up at the above-referenced address on Friday, June 21, 2002, between
2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours
thereafter. Comptroller also made the complete RFP available electronically
on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 2 p.m. (CZT)
on Friday, June 21, 2002.
Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent
and questions regarding the RFP must be sent via facsimile to Mr. Harris at:
(512) 475-0973, not later than 2:00 p.m. (CZT), on Monday, July 15, 2002.
Official responses to questions received by the foregoing deadline will be
posted electronically on the Texas Marketplace no later than July 17, 2002,
or as soon thereafter as practical. Mandatory Letters of Intent received after
the 2:00 p.m., July 15th deadline will not be considered. Respondents shall
be solely responsible for confirming the timely receipt of Mandatory Letters
of Intent to propose.
Closing Date: Proposals must be received in Assistant General Counsel's
Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT),
on Friday, July 26, 2002. Proposals received after this time and date will
not be considered. Proposals will not be accepted from respondents that do
not submit mandatory letters of intent by the July 15, 2002, deadline. Respondents
shall be solely responsible for confirming the timely receipt of proposals.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. Comptroller will make the final decision regarding the award of a
contract or contracts. Comptroller reserves the right to award one or more
contracts under this RFP.
Comptroller reserves the right to accept or reject any or all proposals
submitted. Comptroller is under no legal or other obligation to execute any
contracts on the basis of this notice or the distribution of any RFP. Comptroller
shall not pay for any costs incurred by any entity in responding to this Notice
or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - June
21, 2002, 2 p.m. CZT; All Mandatory Letters of Intent and Questions Due -
July 15, 2002, 2 p.m. CZT; Official Responses to Questions Posted - July 17,
2002, or as soon thereafter as practical; Proposals Due - July 26, 2002, 2
p.m. CZT; Contract Execution - August 15, 2002, or as soon thereafter as practical;
Commencement of Project Activities - September 16, 2002.
TRD-200203676
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: June 12, 2002
Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020,
Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces
the issuance of a Request for Proposals (RFP #141a) from qualified, independent
firms to provide consulting services to Comptroller. The successful respondent
will assist Comptroller in conducting a management and performance review
of the Brownsville Independent School District (Brownsville ISD). Comptroller
reserves the right, in its sole discretion, to award one or more contracts
for a review of the Brownsville ISD included in this RFP. The successful respondent(s)
will be expected to begin performance of the contract or contracts, if any,
on or about September 3, 2002.
Contact: Parties interested in submitting a proposal should contact Clay
Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512)
305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the
RFP only to those specifically requesting a copy. The RFP was made available
for pick-up at the above-referenced address on Friday, June 21, 2002, between
2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours
thereafter. Comptroller also made the complete RFP available electronically
on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 2 p.m. (CZT)
on Friday, June 21, 2002.
Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent
and questions regarding the RFP must be sent via facsimile to Mr. Harris at:
(512) 475-0973, not later than 2:00 p.m. (CZT), on Monday, July 8, 2002. Official
responses to questions received by the foregoing deadline will be posted electronically
on the Texas Marketplace no later than July 10, 2002, or as soon thereafter
as practical. Mandatory Letters of Intent received after the 2:00 p.m., July
8th deadline will not be considered. Respondents shall be solely responsible
for confirming the timely receipt of Mandatory Letters of Intent to propose.
Closing Date: Proposals must be received in Assistant General Counsel's
Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT),
on Friday, July 19, 2002. Proposals received after this time and date will
not be considered. Proposals will not be accepted from respondents that do
not submit mandatory letters of intent by the July 8, 2002, deadline. Respondents
shall be solely responsible for confirming the timely receipt of proposals.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. Comptroller will make the final decision regarding the award of a
contract or contracts. Comptroller reserves the right to award one or more
contracts under this RFP.
Comptroller reserves the right to accept or reject any or all proposals
submitted. Comptroller is under no legal or other obligation to execute any
contracts on the basis of this notice or the distribution of any RFP. Comptroller
shall not pay for any costs incurred by any entity in responding to this Notice
or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - June
21, 2002, 2 p.m. CZT; All Mandatory Letters of Intent and Questions Due -
July 8, 2002, 2 p.m. CZT; Official Responses to Questions Posted - July 10,
2002, or as soon thereafter as practical; Proposals Due - July 19, 2002, 2
p.m. CZT; Contract Execution - August 15, 2002, or as soon thereafter as practical;
Commencement of Project Activities - September 3, 2002.
TRD-200203677
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: June 12, 2002
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Sections 303.003
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 06/17/02 - 06/23/02 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the
period of 06/17/02 - 06/23/02 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200203649
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 11, 2002
Notice of Request for Proposal for Outside Legal Services Related to Industrial Revenue Bonds
The Texas Department of Economic Development (department) requests proposals
from law firms and attorneys interested in advising the department in legal
matters concerning industrial revenue bond programs administered by the department,
economic development sales tax, and related issues.
Description: The department is the lead economic development agency for
the state. As such, the department administers several community and business
assistance programs that include review and approval of industrial revenue
bonds and related activities. The department seeks qualified legal counsel
to provide expert advice and assistance to department financial and legal
staff on matters relating to bond issuances and related activities and programs
on an as-needed basis for the time period beginning September 1, 2002, through
August 31, 2003. The department currently estimates the demand for services
will not exceed 60 hours for the contract period.
Scope of services: Services primarily involve advising the department concerning
legal issues and interpretations related to programs administered by the department
pursuant to the Development Corporation Act of 1979 (Vernon's Texas Civil
Statutes, Article 5190.6) and economic development corporations established
under the Act. Services may include advising the department regarding the
Texas Leverage Fund Program; various private activity tax exempt bond issues,
to include industrial development bond issuances, exempt facility bond issuances,
sales tax bond issues, empowerment zone bond issues, and refundings of the
various issues; federal issues related to industrial development bonds, including
tax issues; issues concerning a direct pay letter of credit, which supports
the Texas Leverage Fund; and other bond related legal services. The department
may require advice to be provided orally or in writing.
Responses; qualifications: Responses to this request for proposals should
include at least the following information in the order requested: (1) a description
of the firm's or attorney's qualifications for performing the legal services
requested, including the firm's prior experience in bond issuance matters,
(2) the names, experience, and qualifications for performing the legal services
requested of the individual attorneys who would be assigned to perform services
under the contract, (3) hourly billing rates for attorneys and other staff
who would be assigned to perform services under the contract, flat fees, or
other fee arrangements directly related to the achievement of the department's
specific goals, and billable expenses, (4) efforts made by the firm to encourage
and develop the participation of minorities and women in the provision of
the firm's legal services and proposed use of women and minorities in regard
to the services required under this contract, if any, (5) disclosures of conflicts
of interest, identifying each and every matter in which the firm has, within
the past calendar year, represented any entity or individual with an interest
adverse to the department or to the State of Texas, or any of its boards,
agencies, commissions, universities or elected or appointed officials, (6)
confirmation of willingness to comply with policies, directives and guidelines
of the Department and the Attorney General of the State of Texas, and (7)
contact information for the proposer, including address, telephone and fax
number, and the name of the individual who will be the department's primary
contact on the contract.
The department previously contracted with the law firm of McCall, Parkhurst, &
Horton, LLP for these services and intends to award the contract to McCall,
Parkhurst, & Horton LLP again unless a better offer is received.
A law firm or attorney will be selected based on demonstrated knowledge
and experiences, quality of staff assigned to perform services under the contract,
compatibility with the goals and objectives of the department and the state,
and reasonableness of proposed fees. The successful firm or attorney will
be required to sign the Texas Attorney General's Outside Counsel Agreement,
and execution of a contract with the department is subject to approval by
the Texas Attorney General. The department reserves the right to accept or
reject any or all proposals submitted. The department is not responsible for
and will not reimburse any costs incurred in developing and submitting a proposal.
Delivery of response; deadline for submission: Two copies of the response
should be mailed to Robin Abbott, General Counsel, Texas Department of Economic
Development, P.O. Box 12728, Austin, TX 78711-2728, or hand delivered to 1700
North Congress, Suite 130, Austin, Texas 78701. Facsimiles will not be accepted.
Responses must be received at the Department by 5:00 p.m., June 22, 2002.
Questions regarding this request for proposals may be directed to Ms. Abbott
at (512) 936-0181.
TRD-200203573
Tracye McDaniel
Deputy Executive Director
Texas Department of Economic Development
Filed: June 7, 2002
The Texas Department of Economic Development (department) requests proposals
from law firms and attorneys interested in advising the department in legal
matters concerning all aspects of intellectual property related to programs
administered by the department.
Description: The department is the lead economic development agency for
the state. As such, the department is responsible for promoting Texas tourism
and marketing a variety of business development programs. The department seeks
qualified legal counsel to provide expert advice and assistance to department
legal staff on matters concerning intellectual property, including copyright,
trademark, licensing, and related issues, on an as-needed basis for the time
period beginning September 1, 2002, through August 31, 2003.
Scope of Services: Services involve all aspects of providing legal advice
and assistance to the Department concerning intellectual property, such as
advising the department on intellectual property issues, both orally and in
writing, preparing and maintaining trademark and copyright applications and
registrations, advising the department on and drafting licensing and co-marketing
agreements, and providing any and all intellectual property legal services
needed to secure protection of department properties both in the United States
and internationally. Legal services are provided primarily in conjunction
with the Texas tourism advertising campaigns and promotions. Expert legal
advice and assistance is also needed with regard to marketing of agency business
services. Services may include assisting and advising the department in its
transactions with advertising and marketing contractors as well as with vendors
that develop, produce, or market a variety of goods and services in conjunction
with agency programs.
Responses; qualifications: Responses to this request for proposals should
include at least the following information in the order requested: (1) a description
of the firm's or attorney's qualifications for performing the legal services
requested, including the firm's prior experience in intellectual property
matters, (2) the names, experience, and qualifications for performing the
legal services requested of the individual attorneys who would be assigned
to perform services under the contract, (3) hourly billing rates for attorneys
and other staff who would be assigned to perform services under the contract,
flat fees, or other fee arrangements directly related to the achievement of
the department's specific goals, and billable expenses, (4) efforts made by
the firm to encourage and develop the participation of minorities and women
in the provision of the firm's legal services and proposed use of women and
minorities in regard to the services required under this contract, if any,
(5) disclosures of conflicts of interest, identifying each and every matter
in which the firm has, within the past calendar year, represented any entity
or individual with an interest adverse to the department or to the State of
Texas, or any of its boards, agencies, commissions, universities or elected
or appointed officials, (6) confirmation of willingness to comply with policies,
directives and guidelines of the Department and the Attorney General of the
State of Texas, and (7) contact information for the proposer, including address,
telephone and fax number, and the name of the individual who will be the department's
primary contact on the contract.
The department previously contracted with the law firm of Locke Liddell &
Sapp LLP for these services and intends to award the contract to Locke Liddell &
Sapp LLP again unless a better offer is received.
A law firm or attorney will be selected based on demonstrated knowledge
and experiences, quality of staff assigned to perform services under the contract,
compatibility with the goals and objectives of the department and the state,
and reasonableness of proposed fees. The successful firm or attorney will
be required to sign the Texas Attorney General's Outside Counsel Agreement,
and execution of a contract with the department is subject to approval by
the Texas Attorney General. The department reserves the right to accept or
reject any or all proposals submitted. The department is not responsible for
and will not reimburse any costs incurred in developing and submitting a proposal.
Delivery of response; deadline for submission: Two copies of the response
should be mailed to Robin Abbott, General Counsel, Texas Department of Economic
Development, P.O. Box 12728, Austin, TX 78711-2728, or hand delivered to 1700
North Congress, Suite 130, Austin, Texas 78701. Facsimiles will not be accepted.
Responses must be received at the Department by 5:00 p.m., July 22, 2002.
Questions regarding this request for proposals may be directed to Ms. Abbott
at (512) 936-0181.
TRD-200203574
Tracye McDaniel
Deputy Executive Director
Texas Department of Economic Development
Filed: June 7, 2002
The Texas Department of Economic Development (department) requests proposals
from law firms and attorneys interested in advising the department in legal
matters concerning the department's office in Mexico City.
Description: The department is the lead economic development agency for
the state. As such, the department maintains an office in Mexico City for
the purposes of promoting investment that generates jobs in Texas, exporting
of Texas products, tourism, and international relations. The office currently
has seven employees who are contract employees of the department and also
contracts with a certified public accountant in Mexico City who handles payroll,
accounts payable, and provides general accounting services to the office.
The department seeks qualified legal counsel to provide expert advice and
assistance to department legal staff on matters relating to contracting, employment
law, and other legal issues that arise in the Mexico Office as needed for
the time period beginning September 1, 2002 through August 31, 2003. The department
currently estimates the demand for services will not exceed 60 hours for the
contract period.
Scope of Services: Services primarily involve expert advise and assistance
concerning Mexican employment law and contract law. Services may include reviewing
or drafting employment contracts or other contracts, advising the department
on Mexican employment law issues, tax issues, criminal law issues, and contract
law, and may require travel to Mexico City. The department may require advice
to be provided orally or in writing.
Responses; qualifications: Responses to this request for proposals should
include at least the following information in the order requested: (1) a description
of the firm's or attorney's qualifications for performing the legal services
requested, including the firm's experience in Mexican law matters, and whether
the firm or attorney maintains an office in Mexico, (2) the names, experience,
and qualifications for performing the legal services requested of the individual
attorneys who would be assigned to perform services under the contract, and
whether the attorneys are licensed to practice law in Mexico, (3) hourly billing
rates for attorneys and other staff who would be assigned to perform services
under the contract, flat fees, or other fee arrangements directly related
to the achievement of the department's specific goals, and billable expenses,
(4) efforts made by the firm to encourage and develop the participation of
minorities and women in the provision of the firm's legal services and proposed
use of women and minorities in regard to the services required under this
contract, if any, (5) disclosures of conflicts of interest, identifying each
and every matter in which the firm has, within the past calendar year, represented
any entity or individual with an interest adverse to the department or to
the State of Texas, or any of its boards, agencies, commissions, universities
or elected or appointed officials, (6) confirmation of willingness to comply
with policies, directives and guidelines of the Department and the Attorney
General of the State of Texas, and (7) contact information for the proposer,
including address, telephone and fax number, and the name of the individual
who will be the department's primary contact on the contract.
The department previously contracted with the law firm of T.D. Warner &
Associates P.C. and Visoso & Pikoff, S.C., a joint partnership, for these
services and intends to award the contract to T.D. Warner & Associates
P.C. and Visoso & Pikoff, S.C. again unless a better offer is received.
A law firm or attorney will be selected based on demonstrated knowledge
and experiences, quality of staff assigned to perform services under the contract,
compatibility with the goals and objectives of the department and the state,
and reasonableness of proposed fees. The successful firm or attorney will
be required to sign the Texas Attorney General's Outside Counsel Agreement,
and execution of a contract with the department is subject to approval by
the Texas Attorney General. The department reserves the right to accept or
reject any or all proposals submitted. The department is not responsible for
and will not reimburse any costs incurred in developing and submitting a proposal.
Delivery of response; deadline for submission: Two copies of the response
should be mailed to Robin Abbott, General Counsel, Texas Department of Economic
Development, P.O. Box 12728, Austin, TX 78711-2728, or hand delivered to 1700
North Congress, Suite 130, Austin, Texas 78701. Facsimiles will not be accepted.
Responses must be received at the Department by 5:00 p.m., July 22, 2002.
Questions regarding this request for proposals may be directed to Ms. Abbott
at (512) 936-0181.
TRD-200203575
Tracye McDaniel
Deputy Executive Director
Texas Department of Economic Development
Filed: June 7, 2002
Notice of Correction to Request for Applications Concerning the Ninth Grade Success Initiative, Cycle 3, 2002-2003 and 2003-2004
The Texas Education Agency (TEA) published Request for Applications (RFA)
#701-02-024 concerning the Ninth Grade Success Initiative, Cycle 3, 2002-2003
and 2003-2004, in the June 7, 2002, issue of the
Texas Register
(27 TexReg 5010).
The Deadline for Receipt of Applications paragraph in the Texas Register
Notice should read, "Applications must be received in the Document Control
Center of the TEA by 5:00 p.m. (Central Time), Thursday, August 1, 2002, to
be considered for funding." This correction reflects a change from the application
deadline of July 30, 2002, originally published in the notice.
Further Information. For clarifying information about the RFA, contact
Geraldine Kidwell, Division of Curriculum and Professional Development, TEA,
(512) 463-9581.
TRD-200203680
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: June 12, 2002
Eligible Applicants. The Texas Education Agency (TEA) is making a second
request for applications under Request for Applications #701-02-017 from eligible
providers of adult education and literacy services to provide services to
the following areas: Jim Hogg County Independent School District (ISD), Gateway
(student alternative program), Eagle Project (Laredo), Laredo ISD, Mirando
City ISD, United ISD, Webb Consolidated ISD, and Zapata County ISD. This second
request is due to the fact that no applications to serve these areas were
received by the original deadline date. Under the Workforce Investment Act
of 1998 (Public Law 105-220), Title II, Adult Education and Literacy, §203(5),
eligible providers are: local educational agencies; community-based organizations
of demonstrated effectiveness; volunteer literacy organizations of demonstrated
effectiveness; institutions of higher education; public or private nonprofit
agencies; libraries; public housing authorities; nonprofit institutions not
described previously that have the ability to provide literacy services to
adults and families; and a consortium of the agencies, organizations, institutions,
libraries, or authorities described previously. Under state law (Texas Education
Code, §29.252), eligible providers of adult education and literacy services
are: public school districts; education service centers; public junior colleges;
public universities; public nonprofit agencies; and community-based organizations
approved in accordance with state statutes and with rules adopted by the State
Board of Education (SBOE). For-profit entities are not eligible providers.
The Texas State Plan for Adult Education and Family Literacy and SBOE rules
(19 TAC Chapter 89, §89.21(6)) require that applicants have at least
one year of experience in providing the adult education and literacy services
proposed in the application. Applicants that are not public education entities
must submit indicators of financial stability with the application to TEA.
All nonprofit organizations, including public charter schools, are required
to submit proof of nonprofit status. All applications for state and federal
adult education programs are to be submitted on TEA Standard Application System
forms (SAS A-331) which are provided in the RFA. Conditions for submittal
of applications and funding are contained in the RFA.
Description. The overall purpose of the federal adult education program
is to assist adults to become literate and obtain the knowledge and skills
necessary for employment and self-sufficiency; assist adults who are parents
to obtain the educational skills necessary to become full partners in the
educational development of their children; and assist adults in the completion
of their secondary school education. The adult education program in Texas
provides literacy, English language proficiency for limited English proficient
adults, basic academic and functional context skills, and secondary level
proficiencies for out-of-school youth and adults who are beyond the age of
compulsory school attendance and who function below a secondary completion
level.
Eligible applicants apply directly to TEA for state and federal funds to
provide adult education and literacy services. Eligible providers are encouraged
to maximize the fiscal resources available for service to undereducated adults
and avoid unproductive duplication of services and excessive administrative
costs by forming consortia or cooperatives and using fiscal agents as authorized
by federal regulations and SBOE rules.
Successful applicants must agree to submit individual student data in TEA’s
adult education management information system, ACES; implement the adult education
assessment system as described in the RFA; and report expenditures as described
in the RFA.
A teleconference to provide information to potential applicants for adult
education funds was held on May 1, 2002. A videocassette of the teleconference
will be made available at no cost upon request to applicants of this limited
region. TEA assumes no liability for potential applicants that do not request
the videotape of the conference.
Dates of Project. The Adult Education Program will be implemented during
fiscal year 2002-2003. Applicants should plan for a starting date of no earlier
than July 23, 2002, or as soon as feasible after notification of funding,
and an ending date of no later than June 30, 2003.
Project Amount. Eligible providers may compete for federal and state adult
education funds allocated to the school district region to provide services
to a school district region, a portion of a school district region (based
on the numbers of undereducated adults to be served), multiple school district
regions, a county, a portion of a county, or multiple counties to serve adults
from that geographic area. This project is funded 79.3% from federal funds
($33,231,759) and 20.7% from nonfederal sources ($6,885,700).
Selection Criteria. Awards will be considered on the basis of total points
awarded. Criteria for awarding points are contained in the RFA. Applicants
must achieve an overall score of 70 and address all requirements satisfactorily
in order to be considered for funding. In the review process, special emphasis
will be placed on ensuring that applicants place priority on recruiting and
serving educationally disadvantaged adults, especially those who are most
in need of literacy services, including low-income adults and those with minimal
literacy skills.
TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to the RFA. The RFA does not commit
TEA to pay any costs before an application is approved. The issuance of the
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Requesting the Application. A complete copy of the original RFA #701-02-017
may be obtained by writing the Document Control Center, Room 6-108, Texas
Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin,
Texas 78701; by calling (512) 463-9304; by faxing the request to (512) 463-9811;
or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title
in your request. Provide your name, complete mailing address, and telephone
number including area code. The RFA will also be posted on the TEA website
at http://www.tea.state.tx.us/grant announcements/grants2/cgi for viewing
and downloading.
Further Information. For clarifying information about the RFA contact Mr.
Juan Pérez, Division of Adult and Community Education, TEA, (512) 463-9294.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday,
July 23, 2002, to be considered for funding.
TRD-200203679
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: June 12, 2002
Correction of Error
The State Board for Educator Certification adopted 19 TAC §239.70,
concerning school counselor certification. The adoption notice appeared in
the May 31, 2002,
Texas Register
(27 TexReg
4701).
The preamble states that §239.70 is adopted without change to the
text as proposed in the April 5, 2002,
Texas Register
(27 TexReg 2694). However, the proposed text contained errors. Contrary
to the agency's intention, subsections (a) and (c) were published with strikethrough
marks to indicate all of the text as proposed for deletion. Subsections (a)
and (c) were not deleted. The agency intended that the proposed notice show
that in several instances the date "September 1, 2002" was being changed to
read "September 1, 2003".
Consequently, the adoption notice should have read that the rule was adopted
with changes to the proposed text as published April 5, 2002. The rule as
adopted should read as follows.
§239.70. Transition and Implementation Dates.
(a) Section 239.60 of this title (relating to Requirements for Issuance
of the Standard School Librarian Certificate) shall be implemented on September
1, 2002 and shall supersede all conflicting provisions in this title on September
1, 2003. All other sections of this subchapter shall take effect pursuant
to Texas Government Code, §2001.036, relating to Effective Date of Rules.
(b) The following provisions of this title shall expire on September 1,
2003:
(1) Chapter 230, Subchapter G, §230.199(d)(2) of this title (relating
to Endorsements); and
(2) Chapter 230, Subchapter J, §230.311(a)-(d) of this title (relating
to Learning Resources Specialist).
(c) Not later than September 1, 2003, the following provisions of this
title shall no longer apply to the school librarian certificate:
(1) Chapter 230, Subchapter O, §230.462(b)(2) of this title (relating
to Requirements for Texas Certificates Based on Certification from Other States
or Territories of the United States) as it existed on May 5, 2000;
(2) Chapter 245, §245.5(a)(2) of this title (relating to Requirements
for Texas Certificates Based on Certification from Another Country) as it
existed on May 5, 2000; and
(3) the "teaching practicum" requirement of Chapter 245, §245.10(a)(2)(B)
of this title (relating to Application Procedures for Texas certificates based
on certification from another country) as it existed on May 5, 2000.
TRD-200203685
Correction of Error
The Office of the Fire Fighters' Pension Commissioner adopted amendments
to 34 TAC §301.6, concerning the Texas Statewide Emergency Services Retirement
Fund. The adoption notice appeared in the June 7, 2002,
Texas Register
(27 TexReg 4989).
In the fourth paragraph of the preamble the word "must" should read "should"
as follows.
"Rule 301.6 is amended to clarify that when there are 5 or less volunteer
members in a department, all volunteer members
should
be on the local board of trustees."
TRD-200203637
Notice of Consultant Contract Award - Heritage Contract
The Health and Human Services Commission publishes this Notice of Consultant
Contract Award. The original RFP was published in the March 15, 2002, issue
of the
Texas Register
(27 TexReg 2107). Details
regarding the award follow:
1. Name and address of consultant selected:
Heritage Information Systems, Inc.; 410 West Franklin Street, Richmond, Virginia
23220
2. Description of the work:
Heritage will
explore avenues for cost containment in the Texas Medicaid Vendor Drug Program
by providing consulting and analysis services, along with a data management
software system. Heritage will compile and analyze data it gathers from pharmacies,
physicians, HMOs and program staff and recommend appropriate cost savings
measures. In addition, Heritage will promote proper use of its web-based data
management system and develop strategies for educating system users about
potential problem areas and trends.
3. The amount of the contract:
Not-to-exceed
$4,000,000, percentage fee contract. The contract price is a tiered percentage
of the cost savings to the State's General Revenue Fund that result from contractor
initiatives.
4. Dates for completion of the work:
June
10, 2003.
TRD-200203670
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: June 12, 2002
Title 1. Administration, Part XV. Health and Human Services Commission,
Chapter 355. Medicaid Reimbursement Rates, Subchapter J. Purchased Health
Services, Division 4. Medicaid Home Health Program, §355.8021
A second public hearing on the home health professional services reimbursement
methodology is scheduled for Monday, June 24, 2002, at 12555 Riata Vista Circle,
Building III, Austin, Texas 7872, Public Hearing Room, from 1:30 to 3:30 p.m.
The proposed rule amendments establishing a fee schedule for home health professional
services were published in the May 17, 2002, issue of the
Texas Register
(27 TexReg 4250) . Public comments on the proposal may
be submitted to Ms. Janet Kres, Rate Analysis Division, TDH Y-995, 1100 West
49th Street, Austin Texas 78756-3199 or by facsimile to (512) 338-6544. Comments
will be accepted through 5 p.m. on Tuesday, June 25, 2002.
TRD-200203682
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: June 12, 2002
Request for Proposal Legal Notice
The Heart of Texas Workforce Development Board (HOTWDB) is accepting proposals
for an Operator/Manager for the HOT Workforce Centers. Proposals are due on
July 8, 2002 by 12 Noon. Any proposal received after that time and date will
not be considered. A pre-proposal conference will be held on June 12, 2002.
This meeting will begin at 10:00 a.m. and will be held at the HOT McLennan
County Workforce Center located at 925 Columbus Ave., Waco, Texas.
For bid specifications, the Request for Proposal is available at 300 Franklin
Ave., Waco, Texas, 76701 or by calling (254) 756-7822 or 1(800) 637-0536.
The Heart of Texas Workforce Development Board reserves the right to reject
any and/or all bids, and to make awards, as they may appear to be advantageous
to HOTWDB.
TRD-200203507
Brenda Khoury
Executive Assistant
Heart of Texas Council of Governments
Filed: June 6, 2002
Company Licensing
Application for admission to the State of Texas by VANTISLIFE INSURANCE
COMPANY, a foreign life, accident and/or health company. The home office is
in East Hartford, Connecticut.
Application to change the name of AMERICAN CONTINENTAL LIFE INSURANCE COMPANY
to CNA GROUP LIFE ASSURANCE COMPANY a foreign life, accident and/or health
company. The home office is in Chicago, Illinois.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200203674
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 12, 2002
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Glens Falls Insurance Company proposing
to use rates for private passenger automobile insurance that are outside the
upper or lower limits of the flexibility band promulgated by the Commissioner
of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company
is requesting the following flex percentages of from -89 to +100 by coverage
and terriroty for all classes, with "other criteria". The overall rate change
is +6.5%.
Copies of the filing may be obtained by contacting Judy Deaver, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 322-3478.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101 §3(h), is made with
the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of
Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by July 8, 2002.
TRD-200203660
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 11, 2002
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Allstate Indemnity Company for private
passenger automobile. This filing is subject to prior approval under TEX.
INS. CODE ANN. Art. 5.101 §3(p) which allows an insurer to change a rate
adopted under art. 5.101 §3(e) not more than twice, on a file and use
basis, within a 12-month period. This filing would be the third such filing.
The overall rate change requested is 8.5%.
Copies of the filing may be obtained by contacting Judy Deaver, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 322-3478.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101 §3(h), is made with
the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of
Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by July 5, 2002.
TRD-200203681
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 12, 2002
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of FBD Consulting, Inc., a foreign third
party administrator. The home office is Kansas City, Missouri.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
TRD-200203646
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 11, 2002
Instant Game 311 "Silver & Gold"
1.0 Name and Style of Game.
A. The name of Instant Game No. 311 is "SILVER & GOLD". The play style
is a "key number match with auto win/doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 311 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 311.
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, 21, 22, 23, 24, $1.00, $2.00,
$4.00, $5.00, $10.00, $20.00, $50.00, $100, $200, $2,000, $25,000, COIN SYMBOL,
and GOLD BAR SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
Table 1 of this section Figure 1:16 TAC GAME NO. 311 - 1.2D
[Figure 1:16 GAME NO. 311-1.2D]
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Table 2 of this section. Figure 2:16 TAC GAME NO. 311 - 1.2E
[Figure 2:16 GAME NO 311-1.2E]
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four (4) digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine (9) digits of the Serial Number are the Validation Number. The Serial
Number is positioned beneath the bottom row of play data in the scratched-off
play area. The format will be : 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00, $20.00.
H. Mid-Tier Prize - A prize of $50.00, $70.00, or $100.
I. High-Tier Prize - A prize of $2,000 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 thirteen (13) digit number consisting of the
three (3) digit game number (311), 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: 311-0000001-000.
L. Pack - A pack of "SILVER & GOLD" Instant Game tickets contain 250
tickets, which are packed in plastic shrink-wrapping and fanfolded in pages
of two (2). Tickets 000-001 will be on the top page. Tickets 002-003 will
be on the next page and so forth and ticket 248-249 will be on the last page.
The books will be in an A - B configuration.
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 "SILVER &
GOLD" Instant Game No. 311 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 "SILVER &
GOLD" Instant Game is determined once the latex on the ticket is scratched
off to expose twenty-two (22) play symbols. If the player matches any of the
YOUR NUMBERS to either WINNING NUMBER, the player will win the prize shown
for that number. If the player gets a coin symbol under YOUR NUMBER, the player
will automatically win the prize shown for that number. If the player gets
a gold bar symbol under YOUR NUMBER, the player will win double the prize
shown. 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 twenty-two (22) 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 twenty-two
(22) 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 twenty-two (22) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the twenty-two (22) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Numbers play symbols on a ticket.
C. No duplicate Winning Numbers play symbols on a ticket.
D. No 3 or more like non-winning prize symbols on a ticket .
E. The gold bar doubler symbol will appear only on intended winning tickets
as dictated by the prize structure and will appear no more than once on a
ticket.
F. There will be no more than 1 coin symbol on a ticket.
G. The coin and bar symbols will never appear on the same ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "SILVER & GOLD" Instant Game prize of $2.00, $4.00, $5.00,
$10.00, $20.00, $50.00, $70.00, or $100, 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, $70.00, or $100 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 "SILVER & GOLD" Instant Game prize of $2,000 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 "SILVER & GOLD" 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 "SILVER &
GOLD" 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 "SILVER & GOLD" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 12,025,250
tickets in the Instant Game No. 311. The approximate number and value of prizes
in the game are as follows:
Table 3 of this section Figure 3:16 TAC GAME NO. 311- 4.0
[Figure 3:16 GAME NO. 311-4.0]
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 311 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. 311,
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-200203505
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 6, 2002
1.0 Name and Style of Game.
A. The name of Instant Game No. 352 is "SNAKE EYES". The play style is
"match 2 with all win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 352 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 352.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: $1.00, $2.00, $4.00,
$8.00, $10.00, $16.00, $40.00, $80.00, $100, $400, $1,000, [ONE] DIE, [TWO]
DIE, [THREE] DIE, [FOUR] DIE, [FIVE] DIE, and [SIX] DIE
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
Table 1 of this section Figure 1:16 TAC GAME NO. 352 - 1.2D
[Figure 1:16 GAME NO 352-1.2D]
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Table 2 of this section. Figure 2:16 TAC GAME NO. 352 - 1.2E
[Figure 2:16 GAME NO 352-1.2E]
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four (4) digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine (9) digits of the Serial Number are the Validation Number. The Serial
Number is positioned beneath the bottom row of play data in the scratched-off
play area. The format will be : 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $8.00, $10.00.
H. Mid-Tier Prize - A prize of $16.00, $40.00, $80.00, $100, or $400.
I. High-Tier Prize - A prize of $1,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (352), 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: 352-0000001-000.
L. Pack - A pack of "SNAKE EYES" Instant Game tickets contain 250 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of five
(5). Tickets 000-004 will be on the first page, tickets 005-009 will be on
the next page and so forth with tickets 245-249 on the last page. Tickets
000 and 249 will be folded down to expose the pack-ticket number through the
shrink-wrap.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SNAKE
EYES" Instant Game No. 352 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 "SNAKE EYES"
Instant Game is determined once the latex on the ticket is scratched off to
expose 12 (twelve) play symbols. If the player gets two matching dice within
the same row, the player will win the prize for that roll. If the player gets
Snake Eyes within the same roll, the player will win all four prizes. 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. Non-winning tickets will never have two (2) like Dice symbols within
a roll.
C. Non-winning ticket will never have "Snake Eyes" in the same roll.
D. Snake Eyes is defined as each Dice symbol in a roll having one dot showing.
E. Winning tickets that have "Snake Eyes" will win all four prizes and
will win as per the prize structure.
F. No ticket will have more than one (1) roll that contains "Snake Eyes".
2.3 Procedure for Claiming Prizes.
A. To claim a "SNAKE EYES" Instant Game prize : $1.00, $2.00, $4.00, $8.00,
$10.00, $16.00, $40.00, $80.00, $100, or $400, 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 an $80.00, $100, or $400 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 "SNAKE EYES" Instant Game prize of $1,000, the claimant must
sign the winning ticket and present it at one of the Texas Lottery's Claim
Centers. If the claim is validated by the Texas Lottery, payment will be made
to the bearer of the validated winning ticket for that prize upon presentation
of proper identification. When paying a prize of $600 or more, the Texas Lottery
shall file the appropriate income reporting form with the Internal Revenue
Service (IRS) and shall withhold federal income tax at a rate set by the IRS
if required. In the event that the claim is not validated by the Texas Lottery,
the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "SNAKE EYES" 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 "SNAKE EYES"
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 "SNAKE EYES" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 12,306,750
tickets in the Instant Game No. 352. The approximate number and value of prizes
in the game are as follows:
Table 3 of this section Figure 3:16 TAC GAME NO. 352- 4.0
[Figure 3:16 GAME NO 352-4.0]
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 352 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. 352,
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-200203506
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 6, 2002
Notice of Application and Preliminary Decision for a Municipal Solid Waste Permit
For The Period of May 31, 2002
APPLICATION The City of Edinburg, P.O. Box 1079, Edinburg, Texas 78540,
has applied to the Texas Natural Resource Conservation Commission (TNRCC)
for a permit amendment to authorize the expansion of a Type I municipal solid
waste landfill facility that will dispose of municipal solid waste, construction-demolition
waste, certain special wastes, and Class 2 & 3 nonhazardous industrial
waste. The expanded landfill facility is to be located on a 253.9 acre site
approximately 2000 feet east of US-281 on the south side of Encinitos Road
southeast of the community of Fayesville in Hidalgo County, Texas.
The TNRCC executive director has completed the technical review of the
application and prepared a draft permit. The draft permit, if approved, would
establish the conditions under which the facility must operate. The executive
director has made a preliminary decision to issue this draft permit. The permit
application, executive director's preliminary decision, and draft permit are
available for viewing and copying at the office of Edinburg City Hall, 210
West McIntyre Street, Edinburg, Texas 78540. The telephone number is (956)
383-5661.
MAILING LISTS. You may ask to be placed on a mailing list to obtain additional
information regarding this application by sending a request to the Office
of the Chief Clerk at the address below. You may also ask to be on a county-wide
mailing list to receive public notices for TNRCC permits in the county.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request
a public meeting about this application. The purpose of a public meeting is
to provide the opportunity to submit comment or to ask questions about the
application. The TNRCC will hold a public meeting if the executive director
determines that there is a significant degree of public interest in the application
or if requested by a local legislator. A public meeting is not a contested
case hearing.
You may submit additional written public comment to the Office of the Chief
Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087 within 30 days
from the date of newspaper publication of this notice.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public
comments, the executive director will consider the comments and prepare a
response to all relevant and material or significant public comments. The
response to comments, along with the executive director's decision on the
application, will be mailed to everyone who submitted public comments or who
requested to be on a mailing list for this application. If comments are received,
the mailing will also provide instructions for requesting a contested case
hearing or reconsideration of the executive director's decision. A contested
case hearing is a legal proceeding similar to a civil trial in a state district
court.
A contested case hearing will only be granted based on disputed issues
of fact that are relevant and material to the Commission's decision on the
application. Further, the Commission will only grant a hearing on issues that
were raised during the public comment period and not withdrawn. Issues that
are not raised in public comments may not be considered during a hearing.
EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval
of the application unless a timely contested case hearing request or request
for reconsideration is filed. If a timely hearing request or request for reconsideration
is filed, the executive director will not issue final approval of the permit
and will forward the application and requests to the TNRCC Commissioners for
their consideration at a scheduled Commission meeting.
INFORMATION. If you need more information about this permit application
or the permitting process, please call the TNRCC Office of Public Assistance,
Toll Free, at 1-800-687-4040. General information about the TNRCC can be found
at our web site at www.tnrcc.state.tx.us.
Further information may also be obtained from Mr. Elias A. Zuniga, City
of Edinburg, at the address stated above or by calling Mr. Zuniga at (956)
381-5635.
TRD-200203667
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 11, 2002
For the Period of June 7, 2002
APPLICATION E. I. Du Pont de Nemours and Company, Inc., P.O. Box 1089,
Orange Texas 77631-1089, a chemical manufacturing facility has applied to
the Texas Natural Resource Conservation Commission (TNRCC) for a compliance
plan to authorize and require DuPont Sabine River Works to conduct corrective
action and monitor the concentration of hazardous constituents in ground water
and remediate ground-water quality to specified standards. The facility is
located at FM 1006 and DuPont Drive in Orange, Orange County, Texas. This
application was submitted to the TNRCC on October 23, 2000.
The TNRCC executive director has reviewed this action for consistency with
the goals and policies of the Texas Coastal Management Program (CMP) in accordance
with the regulations of the Coastal Coordination Council and has determined
that the action is consistent with the applicable CMP goals and policies.
The TNRCC executive director has completed the technical review of the
application and prepared a draft compliance plan. The draft compliance plan,
if approved, would establish the conditions under which the facility must
operate. The executive director has made a preliminary decision that this
compliance plan, if issued, meets all statutory and regulatory requirements.
The compliance plan application, executive director's preliminary decision,
and draft compliance plan are available for viewing and copying at the Orange
Public Library, 220 North 5th Street, Orange, Texas 77630.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request
a public meeting about this application. The purpose of a public meeting is
to provide the opportunity to submit comments or to ask questions about the
application. Generally, the TNRCC will hold a public meeting if the executive
director determines that there is a significant degree of public interest
in the application if requested in writing by an affected person, or if requested
by a local legislator. A public meeting is not a contested case hearing.
Written public comments and requests for a public meeting must be submitted
to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX
78711-3087 within 45 days from the date of newspaper publication of this notice.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public
comments, the executive director will consider the comments and prepare a
response to all relevant and material or significant public comments. The
response to comments, along with the executive director's decision on the
application, will be mailed to everyone who submitted public comments or is
on the mailing list for this application. If comments are received, the mailing
will also provide instructions for requesting a contested case hearing or
reconsideration of the executive director's decision. A contested case hearing
is a legal proceeding similar to a civil trial in a state district court.
A contested case hearing will only be granted based on disputed issues
of fact that are relevant and material to the Commission's decision on the
application. Further, the Commission will only grant a hearing on issues that
were raised during the public comment period and not withdrawn. Issues that
are not raised in public comment may not be considered during a hearing.
EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval
of the application unless a timely contested case hearing request or request
for reconsideration is filed. If a timely hearing request or request for reconsideration
is filed, the executive director will not issue final approval of the compliance
plan and will forward the application and requests to the TNRCC Commissioners
for their consideration at a scheduled Commission meeting.
MAILING LIST. In addition to submitting public comments, you may ask to
be placed on a mailing list to receive future public notices mailed by the
Office of the Chief Clerk. You may request to be added to: (1) the mailing
list for this specific application; (2) the permanent mailing list for a specific
applicant name and permit number; and/or (3) the permanent mailing list for
a specific county. Clearly specify which mailing list(s) to which you wish
to be added and send your request to the TNRCC Office of the Chief Clerk at
the address below. Unless you otherwise specify, you will be included only
on the mailing list for this specific application.
INFORMATION. If you need more information about this permit application
or the permitting process, please call the TNRCC Office of Public Assistance,
Toll Free, at 1-800-687-4040. General information about the TNRCC can be found
at our web site at www.tnrcc.state.tx.us.
Further information may also be obtained from E. I. du Pont Nemours and
Company, Inc., at the address stated above or by calling Mr. Ivan D Wagner
at (409) 886-6122.
TRD-200203665
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 11, 2002
For The Period of May 31, 2002
APPLICATION Diamond Shamrock Refining Company, L.P. - McKee Plants, a petroleum
refinery, has applied to the Texas Natural Resource Conservation Commission
(TNRCC) for a Class 3 permit modification to authorize post-closure care for
Oily Sludge Thickener Tank Unit (NOR No. 005). The unit was closed December
27, 1999, with waste in place. The facility is located at 6701 FM 119 in Sunray,
Moore County, Texas. This application was submitted to the TNRCC on February
27, 2001.
The TNRCC executive director has completed the technical review of the
application and prepared a draft permit. The draft permit, if approved, would
establish the conditions under which the facility must operate. The executive
director has made a preliminary decision that this permit, if issued, meets
all statutory and regulatory requirements. The permit application, executive
director's preliminary decision, and draft permit are available for viewing
and copying at the Kilgore Memorial Library, 124 Bliss Avenue, Dumas, Texas
79029.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request
a public meeting about this application. The purpose of a public meeting is
to provide the opportunity to submit comments or to ask questions about the
application. Generally, the TNRCC will hold a public meeting if the executive
director determines that there is a significant degree of public interest
in the application, if requested in writing by an affected person, or if requested
by a local legislator. A public meeting is not a contested case hearing.
Written public comments and requests for a public meeting must be submitted
to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX
78711-3087 within 45 days from the date of newspaper publication of this notice.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public
comments, the executive director will consider the comments and prepare a
response to all relevant and material or significant public comments. The
response to comments, along with the executive director's decision on the
application, will be mailed to everyone who submitted public comments or requested
to be on the mailing list for this application. If comments are received,
the mailing will also provide instructions for requesting a contested case
hearing or reconsideration of the executive director's decision. A contested
case hearing is a legal proceeding similar to a civil trial in a state district
court.
A contested case hearing will only be granted based on disputed issues
of fact that are relevant and material to the Commission's decision on the
application. Further, the Commission will only grant a hearing on issues that
were raised during the public comment period and not withdrawn. Issues that
are not raised in public comments may not be considered during a hearing.
EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval
of the application unless a timely contested case hearing request or request
for reconsideration is filed. If a timely hearing request or request for reconsideration
is filed, the executive director will not issue final approval of the permit
and will forward the application and requests to the TNRCC Commissioners for
their consideration at a scheduled Commission meeting.
MAILING LIST. In addition to submitting public comments, you may ask to
be placed on a mailing list to receive future public notices mailed by the
Office of the Chief Clerk. You may request to be added to: (1) the mailing
list for this specific application; (2) the permanent mailing list for a specific
applicant name and permit number; and/or (3) the permanent mailing list for
a specific county. Clearly specify which mailing list(s) to which you wish
to be added and send your request to the TNRCC Office of the Chief Clerk at
the address below. Unless you otherwise specify, you will be included only
on the mailing list for this specific application.
INFORMATION. If you need more information about this permit application
or the permitting process, please call the TNRCC Office of Public Assistance,
Toll Free, at 1-800-687-4040. General information about the TNRCC can be found
at our web site at www.tnrcc.state.tx.us. The permittee's compliance history
during the life of the permit being modified is available from the Office
of Public Assistance.
Further information may also be obtained from Diamond Shamrock Refining
Company, L.P., at the address above or by calling Mr. Alex Evins, P.E., Environmental
Manager at 806-935-1354.
TRD-200203666
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 11, 2002
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Default Orders (DOs). The TNRCC staff proposes a DO when the staff has sent
an executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance, and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of TNRCC pursuant to Texas Water Code
(TWC), §7.075, this notice of the proposed order and the opportunity
to comment is published in the
Texas Register
no later than the 30th day before the date on which the public comment period
closes, which in this case is
July 22, 2002
.
The TNRCC will consider any written comments received and TNRCC may withdraw
or withhold approval of a DO if a comment discloses facts or considerations
that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent
with the requirements of the statutes and rules within TNRCC's jurisdiction,
or TNRCC's orders and permits issued pursuant to TNRCC's regulatory authority.
Additional notice of changes to a proposed DO is not required to be published
if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both TNRCC's
Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin,
Texas 78753, (512) 239-3400 and at the applicable regional office listed as
follows. Comments about the DO should be sent to the attorney designated for
the DO at 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 July
22, 2002
. Comments may also be sent by facsimile machine to the attorney
at (512) 239-3434. The TNRCC attorneys are available to discuss the DOs and/or
the comment procedure at the listed phone numbers; however, comments on the
DOs should be submitted to the TNRCC in
writing
.
(1) COMPANY: Alfredo Saavedra; DOCKET NUMBER: 2001-1116-AIR-E; TNRCC ID
NUMBER: TD-0121-T; LOCATION: 1001 1st Street, Meadow, Terry County, Texas;
TYPE OF FACILITY: landscaping and pruning; RULES VIOLATED: 30 TAC §111.201,
and Texas Health and Safety Code, §382.085(a) and (b), by failing to
obtain TNRCC authorization prior to burning brush generated from his business;
30 TAC §330.4(a), by failing to obtain a permit or other authorization
prior to burying business and residential waste; PENALTY: $5,000; STAFF ATTORNEY:
Ed Wesley, Litigation Division, MC 175, (512) 239-0276; REGIONAL OFFICE: Lubbock
Regional Office, 4630 50th St., Suite 600, Lubbock, Texas 79414-3520, (806)
796-7092.
(2) COMPANY: Fuel Supply, Inc. dba Shepherd Food Mart; DOCKET NUMBER: 2001-1390-
PST-E; TNRCC ID NUMBER: 69351; LOCATION: 16643 Interstate Highway 35 South,
Atascosa, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(B), and TWC, §26.346(a),
by failing to submit a fully and accurately completed underground storage
tank (UST) registration and self certification form in a timely manner to
the TNRCC; 30 TAC §334.8(c)(5)(A)(i), and TWC, §21.3467(a), by failing
to make available to common carriers a valid, current TNRCC delivery certificate
before delivery of a regulated substance into a UST; 30 TAC §37.815(a)
and (b), by failing to demonstrate financial assurance required for taking
corrective action and for compensating third parties for bodily injury and
property damage caused by accidental releases arising from the operation of
a petroleum UST; 30 TAC §334.21 and §334.22, by failing to pay outstanding
UST fees; PENALTY: $5,500; STAFF ATTORNEY: Ed Wesley, Litigation Division,
MC 175, (512) 239-0276; REGIONAL OFFICE: San Antonio Regional Office, 14250
Judson Rd., San Antonio, Texas 78233-4480, (210) 490-3096.
(3) COMPANY: Jose G. Quintanilla dba San Perlita Food Store; DOCKET NUMBER:
2000- 0821-PST-E; TNRCC ID NUMBER: 26904; LOCATION: northeast corner of 9th
and Farm-to-Market Road 2209 and Campbell Street, San Perlita, Willacy County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §334.50(a)(1)(A) and (b)(2), and TWC, §26.3475,
by failing to have a release detection method capable of detecting a release
from any portion of the UST system and by failing to perform tightness testing
on pressurized, suction and/or gravity piping; 30 TAC §334.93(a) and
(b), by failing to demonstrate financial responsibility for taking corrective
action and compensating third parties for bodily harm and property damage
caused by accidental releases arising from the operation of petroleum USTs;
30 TAC §334.7(d)(3) and §334.10(b)(1)(A), by failing to amend, change,
or update the registration information and by failing to make available the
financial assurance, release detection, and tightness testing records; PENALTY:
$4,500; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512)
239-2029; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson
Ave., Harlingen, Texas 78550-5247, (956) 425-6010.
(4) COMPANY: Sammy's Groceries, Inc. dba Fisco Oil; DOCKET NUMBER: 2001-0698-PST-
E; TNRCC ID NUMBER: 0038592; LOCATION: 1611 North Alexander Drive, Baytown,
Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §115.245(2), and THSC, §382.085(b),
by failing to conduct annual pressure decay testing of the Stage II Vapor
Recovery system; 30 TAC §115.245(3), and THSC, §382.085(b), by failing
to conduct a five-year Stage II Vapor Recovery testing to verify proper operation
of the system; 30 TAC §115.242(3), and THSC, §382.085(b), by failing
to maintain the Stage II vapor recovery system with the applicable California
Air Resource Board (CARB) Executive Order; 30 TAC §115.242(3)(C), and
THSC, §382.085(b), by failing to maintain all components of the Stage
II vapor recovery system in an approved condition free of defects that would
impair the effectiveness of the system; PENALTY: $7,000; STAFF ATTORNEY: Lisa
Lemanczyk, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Houston
Regional Office, 5425 Polk Ave., Suite H, Houston, Texas 77023-1486, (713)
767-3500.
TRD-200203647
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: June 11, 2002
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
July 22, 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 TNRCC's orders and permits issued pursuant to 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 proposed AO is available for public inspection at both 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 an AO should be sent to the attorney designated for
the AO at 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 July
22, 2002
. Comments may also be sent by facsimile machine to the attorney
at (512) 239-3434. The designated attorney is available to discuss the AO
and/or the comment procedure at the listed phone number; however, §7.075
provides that comments on an AO should be submitted to TNRCC in
writing
.
(1) COMPANY: CITGO Refining and Chemical Company, L.P.; DOCKET NUMBER:
1999- 0057-AIR-E; TNRCC ID NUMBERS: NE-0027-V; NE-0192-F; and TX0006211; LOCATION:
1801 Nueces Bay Boulevard and 7350 Interstate Highway 37, Corpus Christi,
Nueces County, Texas; TYPE OF FACILITY: petrochemical plants and refineries;
RULES VIOLATED: 30 TAC §116.115(c), Texas Health and Safety Code (THSC), §382.085(b),
and TNRCC Permit Number 2492A, Special Condition Number 5, by failing to maintain
results of outer floating roof seal inspections; 30 TAC §116.115(c),
THSC, §382.085(b), and TNRCC Permit Number 2494A, Special Condition Numbers
3 and 6, by failing to maintain records of monthly and year-to-date throughput
in order to ensure compliance with the annual throughput limits; 30 TAC §116.116(a),
THSC, §382.085(b), and TNRCC Permit Number 2494A, by failing to operate
storage tanks within the temperature limits represented in its permit application;
30 TAC §101.20(1), 40 Code of Federal Regulations (CFR),§60.7(a), §60.112b(a)(1), §§60.113b(a)(1)
- (5), §§60.115b(a)(1) - (4), §§60.116b(a) - (d), and
THSC, §382.085(b), by failing to provide notification of the actual date
of initial startup of tank 1016 and by failing to maintain record of internal
floating roof tank inspections, and failing to submit a report to the Administrator
for the East Plant describing the control equipment and certifying that the
control equipment meets CFR specifications; 30 TAC §116.115(b) and (c),
THSC, §382.085(b), and TNRCC Permit Number 4728A, General Provision Number
5 and Special Provision Number 3, by failing to maintain records and provide
the annual throughput of each diesel storage tank; 30 TAC §116.115(c),
THSC, §382.085(b), and TNRCC Permit Number 5418A, Special Condition Number
16D, by failing to provide seal inspection records to verify seal integrity
and by failing to provide notification of tank seal inspections; 30 TAC §116.115(c),
THSC, §382.085(b), and TNRCC Permit Number 5418A, Special Condition Number
16G, by failing to maintain records which include the monthly and year-to-date
volatile organic compound (VOC) throughput for storage tanks and by failing
to maintain accurate calculated emissions; 30 TAC §116.115(b), THSC, §382.085(b),
and TNRCC Permit Number 9604A, General Provision Number 6D, by failing to
maintain records of the annual floating roof seal inspections; 30 TAC §116.115(c),
THSC, §382.085(b), and TNRCC Permit Number 9604A, Special Provision Number
1, by failing to comply with emissions limitations set forth in the Maximum
Allowable Emission Rate (MAER) Table; 30 TAC §§101.20(1), 113.130,
115.324(1)(C), 115.325(1), 115.326(2)(G), 116.115(b) and (c), THSC, §382.085(b),
40 CFR §§60.485(b)(1), 60.592(d), 63.180(b)(1) and (2), and TNRCC
Permit Numbers 2700A, 2703A, 2704A, 2705A, 2706A, 2695A, 2697A, 2699A, and
3123A, by failing to properly conduct fugitive monitoring and by failing to
monitor on an annual basis, with a hydrocarbon gas analyzer, the emissions
from all process drains; 30 TAC §101.20(1), THSC, §382.085(b), and
40 CFR §60.482-7(h)(2) and §60.592(a), by failing to comply with
the 3% limitation of total number of valves designated as difficult-to-monitor
or hard-to-monitor (HTM) in the Synthetic Organic Chemical Manufacturing Industry
(SOCMI) Units and Petroleum Refinery Units; 30 TAC §115.322(5), and THSC, §382.085(b),
by failing to mark pipeline valves and pressure relief valves in gaseous VOC
service in a manner readily obvious to monitoring personnel; 30 TAC §101.20(1),
THSC, §382.085(b), and 40 CFR §60.7(a)(1), (3) and (4), by failing
to provide notification of actual date of initial startup of Boiler B and
by failing to notify the TNRCC of the change in the type of fuel used within
60 days prior to making the change and by failing to notify the TNRCC of the
date of construction, or reconstruction; 30 TAC §101.20(1), THSC, §382.085(b),
and 40 CFR §§60.42 - 60.44, by failing to conduct a performance
test on Boiler B; 30 TAC §116.115(c), THSC, §382.085(b), and TNRCC
Permit Number 3123A, Special Condition Number 1; by failing to comply with
the maximum hourly nitrogen oxides (NOx) emission rate listed in the MAER
Table for Carbon Monoxide (CO) Boiler Stack; 30 TAC §116.115(c), THSC, §382.085(b),
and TNRCC Permit Number 3123A, Special Condition Number 6, by failing to install,
calibrate, and maintain a continuous emission monitoring system (CEMS) to
measure and record the in-stack concentration of NOx from the CO Boiler Stack
within 12 months of permit renewal date; 30 TAC §116.115(c), THSC, §382.085(b),
and TNRCC Permit Number 5946A, Special Condition Number 8, by failing to comply
with the combined total fuel consumed limit of 438 million british thermal
units per hour (MMBtu/hour); 30 TAC §116.115(c), §101.20(3) and
THSC, §382.085(b), TNRCC Permit Number 22312, Special Condition Numbers
1 and 3, and Environmental Protection Agency (EPA) Permit PSD-TX- 831; by
failing to comply with the 25.60 pounds per hour emission limit for NOx as
stated in the MAER Table; 30 TAC §101.20(3) and §116.115(c), THSC, §382.085(b),
TNRCC Permit Number 22312, Special Condition Number 10D, and EPA Permit PSD-TX-831,
by failing to report to the TNRCC Corpus Christi Regional Office within 24
hours of detection, all equipment malfunctions; 30 TAC §101.20(3) and §116.115(c),
THSC, §382.085(b), TNRCC Permit Number 22312, Special Condition Number
12, and EPA Permit PSD-TX-831, by failing to submit a complete report, on
a quarterly basis, fulfilling the requirements of Special Conditions regarding
Boiler E; 30 TAC §116.115(b), THSC, §382.085(b), and TNRCC Permit
Number 9604A, General Provision Number 6G, by failing to maintain monthly
VOC emission records for its loading operations at the tanker truck loading
station; 30 TAC §116.115(c), THSC, §382.085(b), and TNRCC Permit
Number 5418A, Special Condition Number 2, by failing to comply with the maximum
firing rate for the ADP heater; 30 TAC §116.115(c), THSC, §382.085(b),
and TNRCC Permit Number 6722A, Special Condition Numbers 12 and 13, by failing
to maintain cumene production records to ensure continuous compliance with
the annual limit; 30 TAC §116.115(c), THSC, 382.085(b), and TNRCC Permit
Number 20156, Special Condition Number 16, by failing to maintain cyclohexane
production records to ensure continuous compliance; 30 TAC §101.20(1)
and (3) and §116.115(c), THSC, §382.085(b), 40 CFR §60.104(a)(1),
TNRCC Permit Number 22312, and EPA Permit Number PSD-TX-831, Special Condition
Number 4, by failing to control hydrogen sulfide (H2S) concentration in the
refinery fuel gas to a concentration below 230 milligrams per dry standard
cubic meters; 30 TAC §101.20(1), THSC, §382.085(b), and 40 CFR §60.105(c),
by failing to maintain a daily record of the average coke burn-off rate and
the hours of operation for the fluid catalytic cracking unit catalyst regenerator;
30 TAC §116.115(b), THSC, §382.085(b), and TNRCC Permit Number 19044,
General Provision Number 7, by failing to vent all carbon compound waste gases
to a flare; 30 TAC §116.116(a), and THSC, §382.085(b), by failing
to obtain permit authorization to operate the Cumene Flare as a process flare;
30 TAC §111.111(a)(4)(A)(ii), and THSC, §382.085(b), by failing
to maintain a flare operation log; 30 TAC §101.20(1) and (2), and §113.130,
THSC, §382.085(b), and 40 CFR §§60.18, 60.482-10(d), 60.485(g)(1)
- (7), 60.592(a) and (d), 61.13(a)(2), 61.242-11(d), 61.349(a)(2)(iii), and
(d), and 63.172(d), by failing to conduct performance tests or request waivers
from testing for three flares; 30 TAC §101.20(2), THSC, §382.085(b),
and 40 CFR §61.10(b) and (c); by failing to install controls on the desalter
before the termination of the waiver period and by failing to provide a change
of information to the Administrator within 30 days after change; 30 TAC §101.20(2),
THSC, §382.085(b), and 40 CFR §61.357(d), by failing to submit complete
total annual benzene reports containing information listed in 40 CFR §61.357(a)(1)
- (3), and quarterly certifications; 30 TAC §§113.110, 113.120,
and 113.130, THSC, §382.085(b), and 40 CFR §63.152(b), and §63.182(c)(4),
by failing to submit on schedule a Notification of Compliance Status report
for the Methyl Tertiary-butyl Ether Unit and failing to submit on schedule
an NCS report; TWC, §26.121, and TNRCC Permit Number TX0006211, by failing
to comply with the maximum daily average limit for total Fluoride; 30 TAC §116.115(c),
THSC, §382.085(b), and Permit Number 2494A, Special Condition Number
3, by exceeding the crude oil throughput limit; 30 TAC §116.115(c), and
Permit Numbers 2494A, Special Condition Number 4D, 2695A, Special Condition
Numbers 8D and 10D, 2697A, Special Condition Numbers 5D and 7D, 2700A, Special
Condition Number 1D, 2703A, Special Condition Numbers 5D and 7D, 2704, Special
Condition Number 1S, 2705A, Special Condition Number 2D, 2706A, Special Condition
Number 1D, 2707A, Special Condition Number 6D; 3123A, General Provision Number
7D, 3390A, General Provision Number 7D, 3857A, Special Condition Number 7D,
5418A, Special Condition Numbers 11D, 12D, and 13D; 6722A, Special Condition
Number 9D, 20516, Special Condition Numbers 1D and 2D, 21303, General Provision
Number 7D, 21358, General Provision Number 7D, and 22312, Special Condition
Number 8D; by failing to maintain a list of nonaccessible valves for each
permit; 30 TAC §101.7 and §116.115(c), THSC, §382.085(b), and
TNRCC Permit Number 2494A, Special Condition Number 5, by failing to notify
the TNRCC of needed maintenance on visible openings on tank seals or seal
fabrics or record the corrective action taken; 30 TAC §116.115(c), THSC, §382.085(b),
and TNRCC Permit Number 2695A, Special Condition Number 2, by exceeding the
crude heater fired duty maximum rate; 30 TAC §116.115(c), THSC, §382.085(b),
and TNRCC Permit Number 2695A, Special Condition Number 3, by exceeding the
vacuum heater fired duty maximum rate; 30 TAC §101.20(1) and §116.115(c),
40 CFR §60.104(a)(1), THSC, §382.085(b) and Permit Numbers 2695A,
Special Condition Numbers 4 and 7, 2697A, Special Condition Numbers 3 and
4, 2703A, Special Condition Numbers 2 and 4, 2707A, Special Condition Number
1, 3123A, Special Provision Number 4, 5418A, Special Condition Number 7, 5946A,
Special Condition Number 6, 6722A, Special Condition Number 7, 9604A, Special
Provision Number 2, 20156, Special Condition Number 5, and 22312, Special
Condition Number 4, by exceeding the H2S concentration limit in refinery fuel
gas; 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 2695A,
Special Condition Number 9, by failing to implement fugitive monitoring in
the preheat train and pump suction areas within 180 days after the issuance
of the permit amendments; 30 TAC §101.20(1) and (2) and §116.115(c),
THSC, §382.085(b), and 40 CFR §60.592(d), §61.245(b), and Permit
Numbers 2695A, Special Condition Numbers 10F and 10G, 2697A, Special Condition
Number 7F, 2699A, Special Condition Number 1F, 2703A, Special Condition Number
7F, 2494A, Special Condition Number 4F, 2704A, Special Condition Number 1F,
2705A, Special Condition Number 2F, 2706A, Special Condition Number 1F, 2707A,
Special Condition Number 6F, 3390, General Provision Number 7F, 3857A, Special
Condition Number 7F, 5418A, Special Condition Number 11F, 6722A, Special Condition
Number 9F, 8653A, Special Condition Number 5F, 21303, General Provision Number
7F, 21358, General Provision Number 7F, 21706, General Provision Number 7F,
and 22312, Special Condition Number 8F, by failing to properly conduct fugitive
monitoring; 30 TAC §116.115(b)(2)(G) and (c), THSC, §382.085(b),
and Permit Number 2695A, General Condition Number 8 and Special Condition
Number 11, by failing to conduct stack sampling within 90 days from completion
of construction and exceeding the short term VOC emission rate for the heaters;
30 TAC §116.115(c), THSC, §382.085(b), and Permit Numbers 2695A,
Special Condition Numbers 8A and 10A, 2697A, Special Condition Numbers 5A
and 7A, 2699A, Special Condition Number 1A, 2700A, Special Condition Number
1A, 2703A, Special Condition Numbers 5A and 7A, 2704A, Special Condition Number
1A, 2705A, Special Condition Number 2A, 2707A, Special Condition Number 6A,
3857A, Special Condition Number 8A, 5418A, Special Condition Numbers 12A and
13A, 6722A, Special Condition Number 9A, and 20156, Special Condition Number
2A, by failing to maintain a list of equipment excluded from the fugitive
monitoring program due to vapor pressure or size limitations; 30 TAC §101.20(1)
and §116.115(c), THSC, §382.085(b), 40 CFR §60.104(a)(2), and
Permit Number 3119A, Special Condition Number 1, by exceeding the in-stack
sulfur dioxide concentration limit; 30 TAC §116.115(c), THSC, §382.085(b),
and Permit Number 3857A, Special Condition Number 5, by exceeding the gasoline
loading throughput limit; 30 TAC §116.115(c), THSC, §382.085(b),
and Permit Number 5418A, Special Condition Number 2, by exceeding the ADP
heater maximum fired duty rate; 30 TAC §116.115(b), THSC, §382.085(b),
and Permit Number 9604A, General Provision Number 6D, by failing to maintain
complete annual floating roof seal inspection records; 30 TAC §101.20(3)
and §116.115(c), THSC, §382.085(b), TNRCC Permit Number 22313, and
EPA Permit Number PSD-TX-831, Special Condition Numbers 11E and 12E, by failing
to submit on a quarterly basis, a certification statement signed by the permit
holder that the records of fuel supplier certification submitted represent
all of the fuel supplied or combusted; 30 TAC §101.6(a)(2) and THSC, §382.085(b),
by failing to submit timely and/or complete reportable upset notifications;
30 TAC §101.6(b) and §101.7(c), and THSC, §382.085(b), by failing
to create complete records of reportable and non-reportable by-pass upsets,
maintenance, start-ups, and shutdowns with unauthorized emissions as soon
as practicable, but no later than two weeks after upsets occurred; 30 TAC §101.10(b),
and THSC, §382.085(b), by failing to include excess emissions occurring
during maintenance, startups, shutdowns, upsets, and downtime in the annual
emissions inventory update; 30 TAC §115.327(4), and THSC, §382.085(b),
by failing to notify the executive director of the shutdown of the aromatics
disproportionation unit and the MTBE Unit; 30 TAC §113.130, THSC, §382.085(b),
and 40 CFR §63.168(i)(2), by failing to comply with the 3% limitation
of total number of valves designated as difficult-to-monitor/hard-to-monitor;
30 TAC §§101.20(1) and (2), and §113.130, THSC, §382.085(b),
and 40 CFR §§60.486(f), 61.246(f), and 63.181(b)(7), by failing
to maintain an up-to-date, complete, and readily accessible log for the fugitive
monitoring program; 30 TAC §101.20(2), THSC, §382.085(b), and 40
CFR §61.342(e)(2)(i), by exceeding the 6.0 megagrams of benzene yearly
limit for facility waste; 30 TAC §101.20(2), THSC, §382.085(b),
and 40 CFR §61.357(d)(2), and (d)(5), by failing to submit a complete
total annual benzene report; 30 TAC §116.115(b)(2)(G), THSC, §382.085(b),
and Permit Number 3119A, General Condition Number 8, by exceeding the sulfur
dioxide (SO2) hourly maximum allowable emission rate; THSC, §382.085(b),
by emitting unauthorized VOC and benzene emissions and having excessive opacity;
30 TAC §§101.20(3), 116.115(c) and 116.116(a), THSC, §382.085(b), §382.0518(a),
and TNRCC Permit Number 8778A/EPA Permit Number PSD-TX-408M2, Special Condition
Number 37, by failing to obtain permit authorization to operate the west plant
emergency flare as a process flare; 30 TAC §101.20(3) and §116.115(c),
THSC, §382.085(b), and TNRCC Permit Number 8778A/EPA Permit Number PSD-TX-408M2,
Special Condition Number 2, by failing to install an internal floating roof
or equivalent emission control on VOC storage tanks; 30 TAC §101.20(3)
and §116.115(c), THSC, §382.085(b), and TNRCC Permit Number 8778A/EPA
Permit Number PSD-TX-408M2, Special Condition Number 25D, by failing to report
to the EPA Region VI, New Source Review Section, any cylinder gas audit exceedances
of plus or minus 15% accuracy and any downtime not corrected within 24 hours;
30 TAC §101.20(3) and §116.115(c), THSC, §382.085(b), and TNRCC
Permit Number 8778A/EPA Permit Number PSD-TX-408M2, Special Condition Number
13, by failing to maintain an operator's log or equivalent documenting the
dates and times of the leak inspections; 30 TAC §101.20(2) and THSC, §382.085(b),
and 40 CFR §61.357(a), by failing to submit, within 90 days, an initial
report summarizing the regulatory status of each benzene-containing waste
stream or a report stating that no benzene is onsite in wastes, products,
byproducts, or intermediates; 30 TAC §116.110(a), THSC, §382.085(b)
and §382.0518(a), by failing to obtain authorization for a temporary
boiler; 30 TAC §116.115(c), and Permit Number 8778A/PSD-TX-408M2, Special
Condition Number 15, by failing to maintain SO2 emissions below 250 ppm and
failing to create records of nonreportable upsets for those events; 30 TAC §101.6(a)
and §101.7(b), and THSC, §382.085(b), by failing to submit prior
notification of maintenance; 30 TAC §101.10(b)(2), and THSC, §382.085(b),
by failing to include upset/maintenance emissions on annual emissions inventory
update; 30 TAC §115.322(2), and THSC, §382.085(b), by failing to
initiate a first attempt at repair within five days after leak was discovered;
30 TAC §115.324(1)(C), and THSC, §382.085(b), by failing to conduct
annual emissions monitoring on process drains; 30 TAC §115.325(1) and §101.20(2),
THSC, §382.085(b), and 40 CFR §61.245(b)(1), by failing to calibrate
fugitive emission analyzer; 30 TAC §101.20(3) and §116.115(a), THSC, §382.085(b),
and TNRCC Permit Number 7741A/EPA Permit Number PSD-TX-3371M, Special Condition
Number 3, by failing to maintain an accurate system for the recording/reporting
of excess emissions; 30 TAC §101.20(3) and §116.115(b), THSC, §382.085(b),
and TNRCC Permit Number 8778A/EPA Permit Number PSD-TX-408M2, General Condition
Number 6, by failing to provide vapor pressure data for storage tanks sufficient
to determine applicability and compliance with permit; 30 TAC §101.20(3)
and §116.115(b), THSC, §382.085(b), and TNRCC Permit Number 8778A/EPA
Permit Number PSD-TX-408M2, General Condition Number 7, by failing to comply
with the NOx emission rate; 30 TAC §101.20(3) and §116.115(c), THSC, §382.085(b),
and TNRCC Permit Number 8778A/EPA Permit Number PSD-TX-0408M2, Special Condition
Number 13, by failing to adequately maintain, in an operator's log or equivalent,
the record of the date and time of each walk through leak inspection; PENALTY:
$750,000; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512)
239-6224; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Dr.,
Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(2) COMPANY: Kent Thomas dba Longhorn Resort; DOCKET NUMBER: 2000-0588-PWS-E;
TNRCC ID NUMBER: 1500093; LOCATION: 1/4-mile south of Ranch Road 2900 near
Kingsland, Llano County, Texas; TYPE OF FACILITY: public water system; RULES
VIOLATED: 30 TAC §290.109(c)(1)(A) and (g)(4), and THSC, §341.033(d),
by failing to collect and submit routine monthly water samples for bacteriological
analysis and by failing to provide notice of coliform monitoring; PENALTY:
$2,188; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210)
403-4017; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Dr., Suite.
150, Austin, Texas 78758-5336, (512) 339-2929.
TRD-200203648
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: June 11, 2002
The Texas Natural Resource Conservation Commission (commission) will conduct
public hearings to receive testimony regarding proposed revisions to 30 TAC
Chapters 101, 115, 117, and to the state implementation plan (SIP), concerning,
among other things, the attainment demonstration for the Houston/Galveston
(HGA) ozone nonattainment area, 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 proposed SIP includes revisions to the industrial, commercial, and
institutional source control requirements which are already included within
the federally approved SIP for the HGA area and also includes the development
of the energy efficiency program, the protocol for the Texas Emissions Reduction
Program through the EPA's Economic Incentive Program, and a revision to the
speed limit reduction strategy.
The proposed amendments to Chapter 101 include, among other changes, revisions:
to reorganize the emissions banking and trading rule structure in a parallel
manner which follows a logical process of recognizing, quantifying, and certifying
reductions as credit while clearly explaining the guidelines for trading and
using creditable reductions; to address concerns raised by the EPA regarding
the quantification protocols as outlined in EPA guidance titled,
Improving Air Quality with Economic Incentive Plans
; to expand the
applicability of the mass emission cap and trade program to include all major
sources; and to modify formulas regarding certain emission specifications
for attainment demonstrations.
The proposed new divisions within Subchapters B and H of Chapter 115 focus
specifically on companies that have flares, cooling tower heat exchange systems,
vents, and fugitives that emit volatile organic compounds in the HGA ozone
nonattainment area. The proposed amendments to Chapter 115 include revisions
to the source control requirements which are already included within the federally
approved SIP for the HGA ozone nonattainment area. The proposed new Divisions
7 and 8 of Subchapter B and new Subchapter H will only apply in the HGA ozone
nonattainment area. The amendments also reorganize and modify existing portions
of the Chapter 115 rules which apply in the Beaumont/Port Arthur (BPA), Dallas/Fort
Worth (DFW), and El Paso ozone nonattainment areas, as well as in 95 attainment
counties located in east and central Texas, in order to improve implementation
of the existing Chapter 115.
The proposed amendments to Chapter 117 include, among other changes, revisions
to the industrial, commercial, and institutional source control requirements
which are already included within the federally approved SIP for the HGA ozone
nonattainment area. These proposed amendments would change the maximum amount
of nitrogen oxides (NO
x
) emission reductions
required from certain point sources. The amendments also reorganize and modify
existing portions of the Chapter 117 rules which apply to sources of NO
Public hearings for the proposed rulemakings have been scheduled for the
following times and locations: July 18, 2002, 2:00 p.m., Texas Natural Resource
Conservation Commission, 12100 North I-35, Building E, Room 201S, Austin;
July 22, 2002, 10:00 a.m., City of Houston, City Council Chambers, 2nd Floor,
901 Bagby, Houston; as well as July 22, 2002, 7:00 p.m., Flukinger Community
Center, 16003 Lorenzo, Channelview. The hearings will be structured for the
receipt of oral or written comments by interested persons. Registration will
begin 30 minutes prior to the hearings. Individuals may present oral statements
when called upon in order of registration. A four- minute time limit may be
established at the hearings to assure that enough time is allowed for every
interested person to speak. There will be no open discussion during the hearings;
however, commission staff members will be available to discuss the proposal
30 minutes before the hearings and will answer questions before and after
the hearings.
Persons planning to attend the hearings who have special communication
or other accommodation needs, 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 Kelly Keel, MC 206, Office of Environmental
Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087, faxed to (512) 239-4808, or emailed
to
siprules@tceq.state.tx.us
for the SIP revisions
(Rule Log Number 2002-046a-SIP-AI); Chapter 115 (Rule Log Number 2002-046b-115-AI);
and Chapter 117 (Rule Log Number 2002-038- 117-AI). Comments for Chapter 101
(Rule Log Number 2002-044-101-AI may be submitted to Lola Brown, 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 should reference
the rule log numbers that they pertain to. Comments must be received by 5:00
p.m., July 22, 2002, although oral and written comments submitted at the 7:00
p.m. July 22, 2002 hearing will be accepted.
For further information please contact: for the SIP revision, Kelly Keel,
Strategic Assessment Division at (512) 239-3607; for Chapter 101 revisions,
Cory Chism, Air Permits Division, at (512) 239-0539; for Chapter 115 revisions,
Brad Oehler, Strategic Assessment Division at (512) 239-0599; and for the
Chapter 117 revisions, Eddie Mack, Strategic Assessment Division at (512)
239-1488. Copies of the proposed rules and SIP revisions can be obtained from
the commission's website at
http://www.tnrcc.state.tx.us/oprd/sips/june2002hga.html
.
TRD-200203531
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: June 7, 2002
The following notices were issued during the period of May 22, 2002 through
June 10, 2002.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
CITY OF AMARILLO has applied for an major amendment to TPDES Permit No.
10392-006 to authorize an increase in the discharge of treated filter backwash
water from a daily average flow not to exceed 320,000 gallons per day to a
daily average flow not to exceed 810,000 gallons per day. The facility is
located approximately 1 mile east of Tradewind Airport, on the east side of
Osage Street, between 34th Avenue and 46th Avenue in Randall County, Texas.
The treated effluent is discharged to a drainage ditch; thence to a playa
lake in the drainage basin of the Upper Prairie Dog Town Fork Red River in
Segment No. 0229 of the Red River Basin.
CITY OF AMHERST which authorizes the disposal of treated domestic wastewater
at a daily flow not to exceed 122,000 gallons per day via surface irrigation
of 32 acres of pasture land. Effluent not used for irrigation is discharged
to an existing playa lake and is disposed of by evaporation. The facility
and disposal site are located northeast of Amherst, approximately 0.5 miles
east and 0.75 miles north of the intersection of Farm-to-Market Road 37 and
First Street in Lamb County, Texas.
CITY OF HAMILTON has applied for a renewal of TPDES Permit No. 10492-002,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 440,000 gallons per day. The facility is located approximately
1,900 feet east of U.S. Highway 281 in the City of Hamilton and located immediately
south of Pecan Creek at a point 2,800 feet north of State Highway 36 in Hamilton
County, Texas.
THE SALVATION ARMY has applied for a renewal of Permit No. 13904-001, which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 5, 000 gallons a day for the month of October through April
, 40, 000 gallons per day for the months of June through August and 15, 000
gallons per day for the months of May and September via evaporation from the
total evaporation pond. The facility and disposal site are located on the
southern portion of Camp Hoblitzelle approximately 1.5 miles south of the
intersection of Farm-to- Market Road 875 and Farm-to-Market Road 685, south
of the town of Midlothian in Ellis County, Texas.
CITY OF SEADRIFT has applied for a renewal of TPDES Permit No. 10822-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 300,000 gallons per day. The facility is located south
of and adjacent to State Highway 185, between Orange and Olive Streets in
the City of Seadrift in Calhoun County, Texas.
CITY OF TYLER has applied for a renewal of TPDES Permit No. 10653-002,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 9,000,000 gallons per day. The facility is located
1.5 miles northwest of the intersection of U.S. Highway 69 and Farm-to-Market
Road 2813, approximately 3.4 miles south-southwest of the intersection of
State Loop 323 and U.S. Highway 69 in Smith County, Texas.
TRD-200203664
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 11, 2002
Notices mailed during the period June 7, 2002 through June 11, 2002
APPLICATION NO. 4079B L.P. Reed Ranch Ltd, 1314 Pennington Road, Grenville,
New Mexico, 88424, applicant, seeks to amend Water Use Permit No. 4079, as
amended, pursuant to Texas Water Code (TWC) 11.122, and Texas Natural Resource
Conservation Commission Rules 30 TAC 295.1, et seq. Pursuant to 30 TAC 295.158,
notice is being published and mailed to downstream water rights holders of
record in the Brazos River Basin.Water Use Permit No. 4079, as amended, authorizes
the owner to divert and use not to exceed a combined total of 230 acre-feet
of water per annum at a maximum diversion rate of 4.3 cfs (1,950 GPM) from
6 existing dams and reservoirs, exempt from the requirement of a permit pursuant
to Section 11.142 of the Texas Water Code, four of which are located on unnamed
tributaries of Spring Creek, and two of which are located on Spring Creek,
a tributary of Meridian Creek, a Tributary of the North Bosque River, a tributary
of the Bosque River, a tributary of the Brazos River, Brazos River Basin,
for irrigation of 205 acres of land in twelve tracts totaling 220.16 acres
located in the John Anderson Survey, Abstract No. 10; the John Anderson Survey,
Abstract 11; the Timothy R. Hawkins Survey, Abstract No. 374; and the A. L.
Harrison Survey, Abstract 378, Bosque County, Texas. The permit, as amended,
contains a special condition 3. (A) that states the permit shall expire on
December 31, 2001. Applicant seeks to amend Water Use Permit No. 4079, as
amended, by extending or deleting the expiration date of December 31, 2001.
The application was received on 29 January, 2002, and additional information
was received on 15 April, 2002. The application was declared administratively
complete on 29 April, 2002. Pursuant to 30 TAC 295.152 and 295.153, notice
should be mailed to the downstream water rights holders of record in the Brazos
River Basin. Written public comments and requests for a public meeting should
be submitted to the Office of Chief Clerk, at the address provided in the
information section below, by July 1, 2002. A public meeting is intended for
the taking of public comment, and is not a contested case hearing. A public
meeting will be held if the Executive Director determines that there is a
significant degree of public interest in the application. The TNRCC may grant
a contested case hearing on this application if a written hearing request
is filed by July 1, 2002. The Executive Director may approve the application
unless a written request for a contested case hearing is filed.
PROPOSED PERMIT NO. 8227 APPLICATION. The City of Albany, 148 South Main
Street, Albany, Texas, 76430, has applied to the Texas Natural Resource Conservation
Commission (TNRCC) for a Temporary Water Use Permit pursuant to Texas Water
Code 11.138, and Texas Natural Resource Conservation Commission Rules 30 TAC
295.1, et seq. Notice should be mailed pursuant to 30 TAC 295.154 to the water
right holders in the vicinity, in the judgement of the commission, who might
be affected. The applicant seeks to divert and use not to exceed 50 acre-feet
of water within a period of one year at a rate of 0.90 cfs (400 gpm) from
a diversion point located at or near the water crossing in the vicinity of
Highway 180, located 0.05 miles west of the city of Albany, Texas, Shackelford
County. The water will be diverted from an unnamed creek, tributary of North
Fork Creek, tributary of Hubbard Creek, tributary of Clear Fork Brazos River,
tributary of Brazos River, Brazos River Basin, for agricultural (irrigation)
use on a municipal golf course. This notice is being mailed to the one water
right holder downstream of the proposed diversion point. The application was
received on February 27, 2002. The Executive Director of the TNRCC has reviewed
the application and has declared it to be administratively complete on April
26, 2002. Written public comments and requests for a public meeting should
be received in the Office of Chief Clerk, at the address provided in the information
section below, by July 1, 2002. A public meeting is intended for the taking
of public comment, and is not a contested case hearing. A public meeting will
be held if the Executive Director determines that there is a significant degree
of public interest in the application. The TNRCC may grant a contested case
hearing on this application if a written hearing request is filed by July
1, 2002. The Executive Director may approve the application unless a written
request for a contested case hearing is filed.
APPLICATION NO. 14-5435B Tri-Gen Land Corp., a Texas Corporation, 2513
Meadow Lane, El Campo, Texas 77437, applicant, seeks to amend Certificate
of Adjudication No. 14-5435, as amended, pursuant to Texas Water Code (TWC)
11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1,
et seq. Pursuant to 30 TAC 295.152 and 295.153, notice is being published
and mailed to the water rights holders of record in the Colorado River Basin.Certificate
of Adjudication No. 14-5435, as amended, authorizes the owner to divert and
use not to exceed 2,200 acre-feet of water per annum from a point on Blue
Creek, a tributary of the Colorado River, Colorado River Basin for irrigation
of 603 acres of land out of three tracts totaling 773.96 acres located in
the James Pirie Survey, Abstract 319; the W. H. Leckie Survey, Abstract 925
and the Ed Manning Survey, Abstract 273, Wharton County, Texas. Water is diverted
from a diversion point located at Latitude 29.118 degrees N and Longitude
96.101 degrees W at a maximum rate of 13.33 cfs (6,000 gpm). The permit, as
amended, contains a special condition 4. (b) that states the permit shall
expire on December 31, 2002. Ownership of the land to be irrigated is evidenced
by a Warranty Deed recorded in Volume 214, Page 625 of the Deed Records of
Jackson, Matagorda, and Wharton Counties. Applicant seeks to amend Certificate
of Adjudication No. 14-5435, as amended, by extending or deleting the expiration
date of 31 December, 2002. The application was received on 15 January, 2002,
and additional information was received on 21 March, 2002. The application
was declared administratively complete on 11 April, 2002. Pursuant to 30 TAC
295.152 and 295.153, notice should be published and mailed to the water rights
holders of record in the Colorado River Basin. Written public comments and
requests for a public meeting should be submitted to the Office of Chief Clerk,
at the address provided in the information section below, within 30 days of
the date of newspaper publication of the notice. A public meeting is intended
for the taking of public comment, and is not a contested case hearing. A public
meeting will be held if the Executive Director determines that there is a
significant degree of public interest in the application. The TNRCC may grant
a contested case hearing on this application if a written hearing request
is filed within 30 days from the date of newspaper publication of this notice.
The Executive Director may approve the application unless a written request
for a contested case hearing is filed within 30 days after newspaper publication
of this notice.
APPLICATION NO. 12-3531C John and Leveta Scott, 600 County Road 479, Gorman,
Texas 76454, applicants, seek to amend Certificate of Adjudication No. 12-3531,
as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource
Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director
recommends that notice should be published and mailed pursuant to 30 TAC 295.153
(c) (1) to the water right holders downstream of the diversion point in the
Brazos River Basin.Certificate of Adjudication No. 12-3531, as amended, authorizes
the owners to divert and use not to exceed a total of 30 acre-feet of water
per annum from Reservoirs "A" & "B", 6 acre-feet of water per annum from
Reservoir "C", and 4 acre-feet of water per annum from Reservoir "D" all located
on an unnamed tributary of the Sabana River, tributary of the Leon River,
tributary of Little River, tributary of the Brazos River, in the Brazos River
Basin, for agricultural use to irrigate 65 acres of land out of a 160-acre
tract being all of the W. P. Smith Survey, Abstract 921 and to irrigate 100
acres of land our of a total of 459.6 acres in the H & TC RR Company Survey
No. 37, Block 2, Abstract No. 494; the John Carnes Survey, Abstract No. 1373,
H.C. Hamlin Survey, Abstract No 1650; and H. C. Bennett Survey, Abstract No.
1448 Comanche County, Texas. The diversion rate from the perimeter of Reservoir
A is 0.89 cfs (400 gpm) and from the perimeter of Reservoir B, C, and D is
0.78 cfs (350 gpm). These reservoirs were constructed pursuant to TWC 11.142.
The time priority of the diversion from Reservoir "A" is January 3, 1978 and
the time priority of the diversion from Reservoirs "B", "C", and "D" is November
3, 1986. The Certificate contains a Special Condition whereby the authorization
to divert and use the water will expire on December 31, 2000. Other Special
Conditions apply. Diversion Point 1 is on the perimeter of Reservoir "A" and
located approximately 32.137 degrees N Latitude, 98.659 degrees W Longitude.
Diversion Point 2 is located approximately 32.144 degrees N Latitude, 98.645
degrees W Longitude. Diversion Point 3 is located approximately 32.138 degrees
N Latitude, 98.646 degrees W Longitude. Diversion Point 4 is located approximately
32.137 degrees N Latitude, 98.645 degrees W Longitude. Permittees seek to
amend Certificate of Adjudication No. 12-3531, as amended, by extending or
deleting the expiration date of December 31, 2000. The application was received
on September 27, 2000. Additional information was received December 5, 2000.
The application was determined to be administratively complete on December
29, 2000. Written public comments and requests for a public meeting should
be submitted to the Office of Chief Clerk, at the address provided in the
information section below, within 30 days of the date of newspaper publication
of the notice. A public meeting is intended for the taking of public comment,
and is not a contested case hearing. A public meeting will be held if the
Executive Director determines that there is a significant degree of public
interest in the application. The TNRCC may grant a contested case hearing
on this application if a written hearing request is filed within 30 days from
the date of newspaper publication of this notice. The Executive Director may
approve the application unless a written request for a contested case hearing
is filed within 30 days after newspaper publication of this notice.
PROPOSED PERMIT NO. TP- 8229 Brazos Sand Supply Company, 17127 CR 39, Rosharon,
Texas 77583, seeks a Temporary Water Use Permit pursuant to Texas Water Code
(TWC) 11.138, and Texas Natural Resource Conservation Commission Rules 30
TAC 297.13 (a), et seq. Limited mailed notice of the application, allowing
for a two-week comment period, should be given pursuant to 30 TAC 295.154
to the 14 water rights owners of record with diversion points on the Brazos
River downstream of Brazos Sand Supply Company's requested diversion point.
The applicant seeks a temporary permit to divert and use not-to-exceed 750
acre-feet of water within a three-year period (not-to-exceed a maximum diversion
of 250 acre-feet during any one permit year) from the Brazos River, Brazos
River Basin, for mining operations (sand and gravel washing) at a maximum
diversion rate of 4,000 gpm (8.91 cfs). Water would be diverted from a 13,600-ft
reach of the Brazos River, the midpoint of which is located approximately
1.5 miles downstream of where FM 1462 crosses the Brazos River, located 15
miles northwest from Angleton and 7.5 miles west of Rosharon, Brazoria County.
If granted, this temporary permit will be junior in priority to all existing
water rights in the Brazos River Basin. The application was received by the
TNRCC on April 19, 2002. The Executive Director of the TNRCC reviewed the
application and declared it to be administratively complete on May 22, 2002.
Written public comments and requests for a public meeting should be submitted
to the Office of Chief Clerk, at the address provided in the information section
below, by July 2, 2002. A public meeting is intended for the taking of public
comment, and is not a contested case hearing. A public meeting will be held
if the Executive Director determines that there is a significant degree of
public interest in the application. The TNRCC may grant a contested case hearing
on this application if a written hearing request is filed by July 2, 2002.
The Executive Director may approve the application unless a written request
for a contested case hearing is filed.
APPLICATION NO. 12-3551C. Bobby W. Straub, RR 1 Box 242A, Brownfield, Texas
79316, applicant, seeks to amend Certificate of Adjudication No. 12-3551,
as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource
Conservation Commission Rules 30 TAC 295.1, et seq. The Executive Director
recommends that notice should be published and mailed pursuant to 30 TAC 295.153
(c) (1) to the water right holders downstream of the diversion point in the
Brazos River Basin. Certificate of Adjudication No. 12-3551, as amended, authorizes
the owner to divert and use not to exceed 30 acre-feet of water per annum
from an existing exempt reservoir on an unnamed tributary of the Sabana River,
tributary of the Leon River, tributary of the Little River, tributary of the
Brazos River, in the Brazos River Basin for agriculture use to irrigate 45
acres of land out of a 219.12 acre tract located in the H. & T. C. RR
Co. Survey 1, Abstract 493 in Comanche County at a rate of 0.89 cfs (400gpm).
The diversion point is approximately located at 32.060 degrees N Latitude,
98.612 degrees W Longitude. The Certificate contains a special condition whereby
the rights to divert from the reservoir will expire December 31, 2000. Other
Special Conditions apply. The time priority is December 15, 1975. Owner seeks
to amend Certificate of Adjudication No. 12-3551, as amended, by extending
or deleting the expiration date of December 31, 2000. The application was
received on January 1, 2001. Additional information was received March 6,
2002. The application was determined to be administratively complete on May
3, 2002. Written public comments and requests for a public meeting should
be submitted to the Office of Chief Clerk, at the address provided in the
information section below, within 30 days of the date of newspaper publication
of the notice. A public meeting is intended for the taking of public comment,
and is not a contested case hearing. A public meeting will be held if the
Executive Director determines that there is a significant degree of public
interest in the application. The TNRCC may grant a contested case hearing
on this application if a written hearing request is filed within 30 days from
the date of newspaper publication of this notice. The Executive Director may
approve the application unless a written request for a contested case hearing
is filed within 30 days after newspaper publication of this notice.
Information Section
A public meeting is intended for the taking of public comment, and is not
a contested case hearing. A public meeting will be held if the Executive Director
determines that there is a significant degree of public interest in an application.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement [I/we] request a contested case hearing; and (4) a brief and
specific description of how you would be affected by the application in a
way not common to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the TNRCC Office
of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TNRCC Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200203668
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 11, 2002
Request for Proposal - Amendment to "CRIS" Study and Recommend Project
1. SUBJECT.
The Texas Department of Public Safety (TxDPS) and the Texas Department
of Transportation (TxDOT) have embarked on a joint initiative to improve the
efficiency of processes and procedures used to capture, manage and disseminate
data regarding the safety of Texas roadways. This is the vision of the Crash
Records Information System (CRIS) Project. The TxDPS will serve as the primary
issuing agency for this Request for Proposal (RFO).
The CRIS Project currently has a consultant firm conducting the "Study
and Recommend" analysis (hereafter referred to as "the Study") that will assist
the CRIS Steering Committee in making its' solution approach decision.
TxDOT is considering implementing a project named the Automated Road Inventory
(ARI) Project. The ARI Project will produce new paper maps for the Accident
Records Bureau (ARB) within the TxDPS. One strategy being studied is the utilization
of online maps within ARB. If this strategy is selected and implemented, the
current use of paper maps will become obsolete.
Based on the commonality of the ARI Project and the CRIS Project regarding
mapping solutions for the ARB, the decision to include a recommendation regarding
the need to continue with implementation of the ARI Project will be included
as one of the deliverables for the CRIS Project.
2. SUBMISSION OF PROPOSAL.
The deadline for submitting a response for this amendment is July 22, 2002
at 5:00 PM. Proposals received after this deadline will not be considered
under any circumstances.
3. PROCUREMENT AND CONTRACT DOCUMENTS.
A. This procurement shall be conducted in accordance with the Professional
Services Procurement Act (Texas Government Code, Chapter 2254).
B. This is not a complete bid package. For a complete copy of package,
including specifications, terms and conditions please refer to Point-of-Contact
individual listed below.
4. POINT OF CONTACT.
Vickie Johnson
Texas Department of Public Safety
Accounting and Budget Control
5805 N. Lamar Blvd
Building A
Austin, TX 78752
(512) 424-2305
5. INQUIRIES.
All inquiries shall be directed to the contact individual. Specific questions
regarding the RFO shall be submitted in writing. Questions may be received
by fax, letter, or e-mail. Telephone inquiries shall not be responded to.
Responses will be delivered by fax if appropriate information is provided,
or by e- mail. Only answers that are provided in writing from the contact
individual shall be considered official responses.
6. TxDPS RIGHTS.
The TxDPS reserves the right to use any and all ideas presented in any
response to the RFO. Selection or rejection of any offer does not affect this
right.
The rights of the TxDPS include, but are not limited to:
A. cancellation of the RFO at its sole discretion;
B. rejection of any and all proposals received in response to this RFO;
C. utilization of any and all ideas submitted in the proposals received;
D. elimination of any requirements that are not met by all vendors upon
notice to all parties submitting offers;
E. making typographical corrections to offers, with the concurrence of
the offeror;
F. changing computational errors with the written concurrence of the offeror;
G. requesting vendors to clarity their proposals and/or submit additional
information pertaining to their offer.
7. COST OF PROPOSAL PREPARATION.
The TxDPS shall not be responsible for any costs incurred by a vendor in
preparing and submitting a response to this RFO.
8. EVALUATION CRITERIA FOR AWARD.
A. The award will be made to the vendor whose proposal offers the best
value for the state and is in the state's best interest. In determining the
proposals that offer the best value and are in the state's best interest the
TxDPS will consider the below listed criteria. The relative weights of each
criterion are listed.
1. Price/Cost (25%).
2. Experience, Responsibility and Past Performance (25%).
3. Knowledge of current recommendations regarding the CRIS Project (50%).
B. TxDPS fully intends to award this amendment contract to the consulting
firm that is currently providing the "study and recommend" analysis.
C. TxDPS reserves the right not to award to any vendor that TxDPS or TxDOT
considers to be non-responsible and/or to make no award at all.
D. Texas Government Code, §2257.027, states:
In selecting a consultant, a state agency, shall:
1. Base its choice on demonstrated competence, knowledge, and qualifications
and on the reasonableness of the proposed fee for the services; and
2. If other considerations are equal, give preference to a consultant whose
principal place of business is in the state or who will manage the consulting
contract wholly from an office in the state.
9. CONTRACT TERMS.
The award shall be for a term beginning upon issuance of a purchase order
change notice and concluding on August 6, 2002.
10. OVERVIEW OF CURRENT ENVIRONMENT.
A. Accident data is the primary source for statistics used in evaluating
the effectiveness of safety programs and obtaining funding to support traffic
safety. It is also critical for:
1. State and local transportation project planning and prioritization.
2. Highway and railroad crossing safety evaluation.
3. Identification of target areas for enhanced traffic enforcement.
4. Crash records data is required to receive federal highway funds.
5. Crash records data are the primary source for TxDOT and private traffic
safety studies.
B. The current TxDPS procedures for processing crash record data are characterized
by manual labor-intensive processes that utilize outdated location source
documents. The systems in use today were designed in the early 1970's using
technologies appropriate for that time period.
C. Each facet of the Accident Records process presents a unique set of
demands and issues. There are several major issues that affect all the facets
and processes that go into collecting, managing and disseminating accident
information. Some of these issues are:
1. Electronic Reporting can not be accepted by TxDPS at this time.
2. Some local law enforcement agencies have established sophisticated systems
for the collection and management of accident information.
3. Manual processing results in delays in availability of accident information.
4. Manual processes negatively impact accuracy and reliability of accident
data.
5. Computer systems used for the managing of accident records data is inflexible
and leads to redundant processing.
6. Roadway Inventory Documents to determine the location of accidents on
the State Highway system have not been updated since 1992. (On-System).
7. Accident locations maintained by local government entities are based
on limited site descriptions. (Off-System).
8. Accident data utilization is fragmented into numerous components. Consistency
among the various files and databases is insured only by the vigilance of
the individuals managing the information.
11. EXPERTISE REQUIRED.
The Vendor selected must utilize personnel with expertise and training
in the following areas:
A. Business Process Re-engineering;
B. Cost/Benefit Analysis;
C. Benchmarking;
D. GIS/GPS technology;
E. Database Design;
F. Remote/Mobile Data Capture technologies;
G. Imaging and Document Management;
H. Dynamics of Change.
12. TxDPS RESPONSIBILITES.
A. The TxDPS will provide a CRIS Project Manager who will assist, advise,
and arrange scheduling and or/clear roadblocks to the successful accomplishment
of this study.
B. The TxDPS will provide all available data and information regarding
the 1997 Study and information on current and emerging initiatives under consideration.
13. SCOPE OF SERVICES.
The selected vendor will perform the following:
A. Make a recommendation to the CRIS Project Steering Committee regarding
the need to continue with the implementation of the ARI Project or not.
14. DELIVERABLES
A. Upon conclusion of the study, a draft report will be presented first
for review and discussion to the CRIS Project Manager. Upon approval of the
draft report, a final written report will be due.
B. The final report will include the following:
1. The recommendation of the ARI Project.
C. The selected vendor will, with the assistance of the internal CRIS Project
Manager, present the final report to the CRIS Project Steering Committee.
TRD-200203656
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: June 11, 2002
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On June 3, 2002, Teligent Services, 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
60087. Applicant intends to reflect a change in ownership/control and corporate
restructuring.
The Application: Application of Teligent Services, Inc. for an Amendment
to its Service Provider Certificate of Operating Authority, Docket Number
25993.
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 June 26, 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 25993.
TRD-200203510
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2002
On June 3, 2002, TelePacific Communications 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
60329. Applicant intends to reflect a change in ownership/control.
The Application: Application of TelePacific Communications for an Amendment
to its Service Provider Certificate of Operating Authority, Docket Number
25994.
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 June 26, 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 25994.
TRD-200203511
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2002
On June 5, 2002, 1-800-RECONEX, 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 60051.
Applicant intends to remove the resale-only restriction.
The Application: Application of 1-800-RECONEX, Inc. for an Amendment to
its Service Provider Certificate of Operating Authority, Docket Number 26024.
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 June 26, 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 26024.
TRD-200203613
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on June 4, 2002, for waiver of the
obligation to file an annual Transmission Earnings Monitoring Report (TEMR).
Docket Title and Number: Application of Magic Valley Electric Cooperative,
Inc. (Magic Valley) for Good Cause Exception to the Requirement to File a
2002 Transmission Earnings Monitoring Report Pursuant to P.U.C. Substantive
Rule §25.192(g)(5). Docket Number 26020.
The Application: Magic Valley requests a good cause exception from the
filing requirement for the June 1, 2002 Transmission Earnings Monitoring Report
(TEMR) for two reasons. First, Magic Valley asserts that it is preparing a
new Transmission Cost of Service (TCOS) that will be filed within the next
30 days. Therefore, the TCOS upon which the June 1 earnings report is based,
calendar year 2001, is anticipated to be out of date in the near future. Secondly,
the company stated that it would like to avoid the cost and burden of filing
a TEMR that is intended to monitor the results of a soon to be obsolete TCOS.
On or before July 9, 2002, persons who wish to comment upon the action
sought should contact the Public Utility Commission of Texas, by mail at P.O.
Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission
Customer Protection Division at (512) 936- 7120 or toll free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All comments should reference Docket Number
26020.
TRD-200203610
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on June 3, 2002, for a service provider
certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application
follows.
Docket Title and Number: Application of Arizona Dialtone, Inc. for a Service
Provider Certificate of Operating Authority, Docket Number 25991 before the
Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service.
Applicant's requested SPCOA geographic area includes the entire State of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than June 26, 2002. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200203509
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on June 5, 2002, for a service provider
certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application
follows.
Docket Title and Number: Application of BarTel Communications, Inc. for
a Service Provider Certificate of Operating Authority, Docket Number 26022
before the Public Utility Commission of Texas.
Applicant intends to provide plain old residential telephone service.
Applicant's requested SPCOA geographic area includes the area of Texas
currently served by Southwestern Bell 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 June 26, 2002. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200203612
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on June 7, 2002, for a service provider
certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application
follows.
Docket Title and Number: Application of Telefonos De Tejas, Inc. for a
Service Provider Certificate of Operating Authority, Docket Number 26040 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
comprising the Dallas, Fort Worth, San Antonio, and Houston exchanges served
by Verizon Southwest and Southwestern Bell 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 June 26, 2002. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200203614
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on June 7, 2002, for a service provider
certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application
follows.
Docket Title and Number: Application of M.L.M. Telecommunications, Inc.
for a Service Provider Certificate of Operating Authority, Docket Number 26046
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service.
Applicant's requested SPCOA geographic area includes the entire State of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Customer Protection Division at (512) 936-7120 no
later than June 26, 2002. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
TRD-200203638
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 11, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on June 10, 2002, for a service provider
certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application
follows.
Docket Title and Number: Application of F&L Communications for a Service
Provider Certificate of Operating Authority, Docket Number 26058.
Applicant intends to provide plain old telephone service.
Applicant's requested SPCOA geographic area includes the area served by
Southwestern Bell Telephone Company 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 June 26, 2002. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200203641
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 11, 2002
The Public Utility Commission of Texas (commission) received a petition
for rulemaking on June 11, 2002, from Texas Renewable Energy Industries Association
(TREIA) to implement a project that will result in new and/or modified rules
that enable residential, commercial and industrial electric consumers to interconnect
distributed renewable energy generators with the electric distribution network
directly, or on the customer-side of the meter through a timely and efficient
process. The petition is assigned Project Number 26071,
Petition of Texas Renewable Energy Industries Association for Rulemaking Regarding
Distributed Renewable Energy Generation
. Under the Administrative Procedure
Act, Texas Government Code §2001.021, the commission shall either deny
the petition in writing, stating its reasons for denial, or initiate a rulemaking
proceeding not later than the 60th day after the date the petition is filed.
Comments on the petition may be filed no later than 3:00 p.m. on Friday,
July 5, 2002. Copies of the petition may be obtained from the commission's
Central Records Division, William B. Travis Building, 1701 North Congress
Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or through the Interchange
on the commission's web site at www.puc.state.tx.us. All inquiries and comments
concerning this petition for rulemaking should refer to Project Number 26071.
TRD-200203671
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 12, 2002
On June 4, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Poka Lambro Telecommunications, Inc., collectively
referred to as applicants, filed a joint application for approval of amendment
to an existing interconnection agreement under §252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated,
Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application
has been designated Docket Number 26013. 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
26013. 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 July 5, 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 Public Utility Commission Customer Protection Division at (512) 936-7120
or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with
text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 26013.
TRD-200203512
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2002
On June 4, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Westel, Inc., collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2002) (PURA). The joint application has been designated Docket
Number 26014. 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
26014. 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 July 5, 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 Public Utility Commission Customer Protection Division at (512) 936-7120
or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with
text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 26014.
TRD-200203513
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2002
On June 4, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and ITC DeltaCom Communications, Inc., collectively
referred to as applicants, filed a joint application for approval of amendment
to an existing interconnection agreement under §252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated,
Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application
has been designated Docket Number 26012. 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
26012. 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 July 5, 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 26012.
TRD-200203606
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
On June 4, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Tri-Tel Services, Inc., collectively referred to
as applicants, filed a joint application for approval of amendment to an existing
interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2002) (PURA). The joint application has been
designated Docket Number 26015. 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
26015. 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 July 5, 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 26015.
TRD-200203607
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
On June 4, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Sage Telecom of Texas, LP formerly known as Sage
Telecom, Inc., collectively referred to as applicants, filed a joint application
for approval of amendment to an existing interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA).
The joint application has been designated Docket Number 26016. 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
26016. 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 July 5, 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 26016.
TRD-200203608
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
On June 4, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and NOW Communications, Inc. doing business as NOW
Communications of Mississippi, collectively referred to as applicants, filed
a joint application for approval of amendment to an existing interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2002) (PURA). The joint application has been designated Docket
Number 26017. 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
26017. 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 July 5, 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 26017.
TRD-200203609
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
On June 7, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Excel Telecommunications, Inc., collectively referred
to as applicants, filed a joint application for approval of amendment to an
existing interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2002) (PURA). The joint application has been
designated Docket Number 26051. 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
26051. 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 July 9, 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 Public Utility Commission, Customer Protection Division at (512)
936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. All
correspondence should refer to Docket Number 26051.
TRD-200203639
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 11, 2002
On June 5, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and PageData, collectively referred to as applicants,
filed a joint application for approval of interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA).
The joint application has been designated Docket Number 26025. 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 26025. 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 July 8, 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 Public Utility Commission, Customer Protection Division, at (512)
936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. All
correspondence should refer to Docket Number 26025.
TRD-200203629
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
On June 5, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and WaveSent, LLC, collectively referred to as applicants,
filed a joint application for approval of interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA).
The joint application has been designated Docket Number 26026. 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 26026. 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 July 8, 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 Public Utility Commission, Customer Protection Division, at (512)
936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. All
correspondence should refer to Docket Number 26026.
TRD-200203630
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
On June 5, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Max-Tel Communications, Inc., collectively referred
to as applicants, filed a joint application for approval of amendment to an
existing interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2002) (PURA). The joint application has been
designated Docket Number 26027. 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
26027. 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 July 8, 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 Public Utility Commission, Customer Protection Division, at (512)
936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. All
correspondence should refer to Docket Number 26027.
TRD-200203631
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
On June 5, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Logix Communications Corporation, collectively
referred to as applicants, filed a joint application for approval of amendment
to an existing interconnection agreement under §252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated,
Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application
has been designated Docket Number 26033. 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
26033. 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 July 8, 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 Public Utility Commission, Customer Protection Division, at (512)
936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. All
correspondence should refer to Docket Number 26033.
TRD-200203632
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
On June 11, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and A-Tech Telecom, 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 26068. 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
26068. 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 July 10, 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 26068.
TRD-200203673
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 12, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214.
Docket Title and Number. Valor Telecommunications of Texas, LP Application
for Approval of LRIC Study for City Plex Service Pursuant to P.U.C. Substantive
Rule §26.214 on June 18, 2002, Docket Number 26054.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 26054. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission,
Customer Protection Division at (512) 936-7120. Hearing and speech- impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200203640
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 11, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214.
Docket Title and Number. United Telephone Company of Texas, Inc. Application
for Approval of LRIC Study for Special Access Service Components, Special
Access Line and Special Transport Pursuant to P.U.C. Substantive Rule §26.214
on or after June 20, 2002, Docket Number 26061.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 26061. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200203643
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 11, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214.
Docket Title and Number. Central Telephone Company of Texas Application
for Approval of LRIC Study for Special Access Service Rate Categories, Optional
Features and Functions, Voice Grade Service, Digital Data Access Service,
and High Capacity Service DS1, 1.544 Mbps Pursuant to P.U.C. Substantive Rule §26.214
on or after June 20, 2002, Docket Number 26062.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 26062. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200203644
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 11, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.215
Docket Title and Number. Verizon Southwest, Inc. Application for Approval
of LRIC Study for Centralized Automatic Location Identification (CALI) Service
Pursuant to P.U.C. Substantive Rule §26.215 on or after June 14, 2002,
Docket Number 26021.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 26021. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission
Customer Protection Division at (512) 936-7120. Hearing and speech- impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200203611
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 2002
On June 11, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Stonebridge Communications, Inc., collectively
referred to as applicants, filed a joint application for approval of interconnection
agreement under Section 252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2002) (PURA). The joint application has been designated Docket
Number 26067. 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 26067. 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 July 10, 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 26067.
TRD-200203672
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 12, 2002
Notice of Deadline to Request Recognition as the Horsemen's Representative Organization
The Executive Secretary for the Texas Racing Commission has established
July 21, 2002 as the deadline for filing a request for recognition as the
horsemen's represenatative organization. The Texas Racing Act, Texas Civil
Statutes, Art. 179e §3.13 authorizes the Commission to recognize an organization
to represent a segment of the racing industry, such as owners, breeders, trainers,
or other persons involved in the racing industry.
In 16 Tex. Admin. Code §309.299, the Commission has adopted criteria
for being recognized as an organization to represent horse owners and trainers.
To be eligible for recognition as a horsemen's representative organization,
each officer and director of the organization during the two-year term of
the recognition must be licensed by the Commission as an owner or trainer.
Other recognition criteria include the experience and qualifications of the
organization's directors, executive officers, and management personnel, the
organization's benevolence programs, and the degree to which the organization's
membership represents a fair and equitable cross-section of the horse owners
and trainers participating at each of the racetracks in this state.
To request recognition, an organization must file a written request on
a form prescribed by the Executive Secretary. To obtain a copy of the form,
interested persons should contact Gloria Giberson, Texas Racing Commission,
P.O. Box 12080, Austin, Texas 78711-2080, 512-833-6699, fax 512-833-6907.
For more information regarding the application process, contact Paula C. Flowerday,
Executive Secretary, Texas Racing Commission, P.O. Box 12080, Austin, Texas
78711-2080, 512-833-6699, fax 512-833-6907.
TRD-200203564
Judith L. Kennison
General Counsel
Texas Racing Commission
Filed: June 7, 2002
Coastal Coordination Council
Comptroller of Public Accounts
Notice of Request for Proposals
Office of Consumer Credit Commissioner
Texas Department of Economic Development
Notice of Request for Proposal for Outside Legal Services Related to Intellectual Property Matters
Notice of Request for Proposal for Outside Legal Services Related to State Agency Operations in Mexico
Texas Education Agency
Request for Applications Concerning Adult Education and Literacy
State Board for Educator Certification
Office of the Fire Fighters' Pension Commissioner
Texas Health and Human Services Commission
Second Public Hearing - Home Health Professional Services Reimbursement Methodology
Heart of Texas Council of Governments
Texas Department of Insurance
Notice
Notice
Third Party Administrator Applications
Texas Lottery Commission
Instant Game 352 "Snake Eyes"
Texas Natural Resource Conservation Commission
Notice of Industrial Hazardous Waste Compliance Plan
Notice of Industrial Hazardous Waste Permit
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Public Hearings (Chapters 101, 115, and 117 and State Implementation Plan)
Notice of Water Quality Applications
Notice of Water Rights Application
Texas Department of Public Safety
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Good Cause Exception
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Petition for Rulemaking Regarding Distributed Renewable Energy Generation
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215
Public Notice of Interconnection Agreement
Texas Racing Commission
South East Texas Regional Planning Commission