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 March 8, 2002, through March 14, 2002. The public comment period for these projects will close at 5:00 p.m. on April 19, 2002.

FEDERAL AGENCY ACTIONS:

Applicant: Sabco Operating Company; Location: The project site is located in Corpus Christi Bay in State Tracts 33 and 49, approximately 6.2 miles southeast of downtown Corpus Christi, Nueces County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Portland, Texas. Approximate UTM Coordinates: Zone: 14; Easting: 670361; Northing: 3072374. CCC Project No.: 02-0066-F1; Description of Proposed Action: The applicant proposes to drill Well # 7 from a surface location in State Tract 33 with the bottom hole located in State Tract 49. In addition, the applicant proposes to install three 2-7/8-inch outside-diameter pipelines from the surface location of Well #7 in State Tract 33 to an existing production platform in State Tract 49. Type of Application: U.S.A.C.E. permit application #22606 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

Applicant: Sterling Chemicals, Inc.; Location: The project site is located at the Port of Texas City Turning Basin at 201 Bay Street South, west of Dock 2, Texas City, Galveston County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Galveston County, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 316463; Northing: 3251159. CCC Project No.: 02-0067-F1; Description of Proposed Action: The applicant proposes to reconstruct a bulkhead and deposit approximately 7500 cubic yards of fill below the mean high tide (MHT) line and behind the bulkhead during the construction. The scope of this project is to construct a new bulkhead at the vessel berthing line approximately 27 feet south of the current bulkhead. It is proposed that the area between the existing and new bulkhead, approximately 10,000 square feet, would be filled with clean, compacted, select fill (clay/sand mix) to match the existing bulkhead grade elevation. The area beneath the existing pipe rack, currently spanning open water, would also be filled by this project. The existing concrete bulkhead would be abandoned in place. Type of Application: U.S.A.C.E. permit application #22591 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Texas Natural Resource Conservation Commission as part of its certification under §401 of the Clean Water Act.

Applicant: David H. Gisselberg; Location: The project site is located on Sabine Pass at a marina located in a former Coast Guard station, approximately one-half mile south of the Texas Bayou Bridge, east of 1st Street, Sabine Pass, Jefferson County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Texas Point, Texas-Louisiana. Approximate UTM Coordinates: Zone: 15; Easting: 417500; Northing: 3286400. CCC Project No.: 02-0068-F1; Description of Proposed Action: The applicant proposes to place fill material into 24,000 square feet of tidal wetlands to provide parking for recreational vehicles and improved access to the existing sport fishing marina facility. As compensation for the proposed fill the applicant proposes to perform mitigation on the J.D. Murphree Wildlife Management Area. Approximately 1,980 linear feet of an abandoned 25-foot-wide oil well access road and approximately 1,980 linear feet of the existing adjacent borrow ditch will be restored to marsh elevation. A total of approximately 99,000 square feet of marsh will be created. Type of Application: U.S.A.C.E. permit application #22612 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Mariner Energy; Location: The project site is located in federal waters offshore in the Gulf of Mexico. The proposed pipeline will originate at a proposed platform in Mustang Island Block 103 and will terminate approximately 32 miles to the southeast at a manifold located in East Breaks Block 579. The pipeline will cross one Federal Fairway located in East Breaks Block 310 at OCS coordinates X=714,081.32'; Y=10,037,641.50' and Block 354 at X=718,672.14'; Y=10,025.807.66'. CCC Project No.: 02-0069-F1; Description of Proposed Action: The applicant proposes to install a 10-inch pipeline and associated umbilical line for a distance of 32 miles between a proposed platform and an existing manifold. A 13,000-foot portion of the pipeline will cross a Federal Fairway. The water depth at the fairway crossing is approximately 500 feet. The pipeline will be placed on the sea floor. Type of Application: U.S.A.C.E. permit application #22616 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Aspect Resources L.L.C.; Location: The project site is located between Dollar Bay and Galveston Bay on the west side of the levee road, Texas City, Galveston County, Texas. The mitigation site is located on Moses Lake, adjacent to the Texas Nature Conservancy's Texas City Prairie Chicken Preserve, approximately 3,900 feet northeast of the State Highway 146 bridge over Moses Bayou in Texas City, Galveston County, Texas. The project site can be located on the U.S.G.S. quadrangle map entitled Texas City, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 316257; Northing: 3257037. The mitigation site can be located on the U.S.G.S. quadrangle map entitled Texas City, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 311189; Northing: 3257028. CCC Project No.: 02-0070-F1; Description of Proposed Action: The applicant has submitted a proposed mitigation plan to compensate for the wetland impacts that will result from the work they propose to perform to access, drill, and produce the Gartrell No. 1 Well. As compensation for the wetland impacts, the applicant proposes to provide an in-lieu-fee to the Texas Nature Conservancy's Texas City Prairie Chicken Preserve to aid in the construction of an earthen wave energy barrier/berm as part of the Moses Lake Marsh Restoration/Shoreline Protection Project. The purpose of the proposed 3,782-foot berm is to protect the existing shoreline and remaining wetlands. The berm will be constructed using dredged material obtained from the dredging of an adjacent barge access channel. Type of Application: U.S.A.C.E. permit application #22265 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

Applicant: Kent Myers; Location: The project site is located at 79 Copano Ridge Road, Rockport, Aransas County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Rockport, Texas. Approximate UTM Coordinates: Zone: 14; Easting: 687750; Northing: 3107250. CCC Project No.: 02-0071-F1; Description of Proposed Action: The applicant proposes to place fill and to construct and backfill approximately 780 feet of bulkhead to develop 13 of 14 planned single-family lots. Fourteen 6-foot by 20-foot fishing platforms would be constructed adjacent to the bulkhead on each lot. Approximately 1,220 feet of bulkhead would be constructed to stabilize property neighboring the residential lots. Jurisdictional area to be filled by the project would total 28,013 square feet consisting of 2,402 square feet of salt marsh, 4,440 square feet of seagrass meadow, and 21,171 square feet of unvegetated, saltwater coastal flats. Additionally, 1,560 square feet of seagrass meadow would be shaded due to the construction of the fishing platforms. Water depths of the submerged area range from -0.3 to -1.6 MHT. The fill material would consist of 7,600 cubic yards of a sand, mud, and clay mixture to be excavated from the proposed mitigation site. Soil compaction and vegetation plantings will be used to stabilize the proposed 5:1 slope above the bulkhead. As mitigation for the proposed project, the applicant proposes to scrapedown 41,573 square feet of uplands located at the west end of the project to provide 3:1 mitigation for impacts to seagrasses and 1:1 mitigation for impacts to saltmarsh and unvegetated flats. All excavated material not used as backfill would be placed in a contained upland disposal area onsite. The upland area east of Lot 14 and near the mitigation site will be utilized in the future for additional development. Type of Application: U.S.A.C.E. permit application #22562 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: Charles Tipps; Location: The project is located on Caney Creek, at 119 Carancahua Blvd, south of Sargent, in Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Sargent, Texas. Approximate UTM Coordinates: Zone 15; Easting: 242904; Northing: 3185424. CCC Project No.: 02-0072-F1; Description of Proposed Action: The applicant proposes to construct 100-linear-feet of bulkhead and place 7.5 cubic yards of fill behind the bulkhead. In addition, the applicant proposes to construct a 40-foot-long by 20-foot-wide boatramp with 3-cubic-yards of fill. To prepare the ground for the boatramp, approximately 9 cubic yards of material will be excavated using a backhoe, placed and dried on-site and used to backfill behind the proposed bulkhead. Type of Application: U.S.A.C.E. permit application #22592 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 Port Lavaca Port Commission; Location: The project is located at the City of Port Lavaca Bayfront Peninsula between Railroad and Main Streets in Port Lavaca, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate UTM Coordinates: Zone 14; Easting: 732800; Northing: 3167900. CCC Project No.: 02-0074-F1; Description of Proposed Action: The applicant proposes to install concrete steps along a section of Lavaca Bay shoreline for erosion control. The steps would join with an existing set of steps to the north and then follow the curve of the existing shoreline for approximately 400 feet, where the steps would tie into an existing bulkhead. In addition, the applicant proposes to place sand in front of the concrete steps to form a public beach area. Approximately 1,400 cubic yards of clean sand would be placed in front of the steps and extend out into the bay for 50 feet with 0.47-acre of the bay bottom to be filled. The current water depths in this area range from -0.5 to -2.8 feet mean sea level. The proposed beach would have an elevation of +1 foot mean sea level. Type of Application: U.S.A.C.E. permit application #22572 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Texas Natural Resource Conservation Commission as part of its certification under §401 of the Clean Water Act.

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

Further information for the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200201728

Larry Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: March 20, 2002

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

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 03/25/02 - 03/31/02 is 18% for Consumer ¹ /Agricultural/Commercial ² /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 03/25/02 - 03/31/02 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 04/01/02 - 04/30/02 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 04/01/02 - 04/30/02 is 10% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

TRD-200201708

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 19, 2002

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

An application was received from Texas Dow Employees Credit Union, Lake Jackson, Texas to expand its field of membership. The proposal would permit students of the Angleton Independent School District to be eligible for membership in the credit union.

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

TRD-200201733

Harold E. Feeney

Commissioner

Credit Union Department

Filed: March 20, 2002

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

Application(s) to Expand Field of Membership - Approved

Community Credit Union, Plano, Texas - See Texas Register issue dated December 28, 2001.

S&S Credit Union, Houston, Texas - See Texas Register issue dated December 28, 2001.

TCUL Credit Union, Dallas, Texas -(Amended) Persons who live, work or attend school in the area serviced by United States Postal zip codes 75006, 75229, 75230, 75234, 75240, 75244 and 75248.

Star One Credit Union (2 applications), Sunnyvale, California - See Texas Register issue dated November 30, 2001.

TRD-200201735

Harold E. Feeney

Commissioner

Credit Union Department

Filed: March 20, 2002

The Texas Credit Union Commission proposes to revise and reorganize its Standard Credit Union Bylaws in connection with its ongoing Rule Review Program (Program). This proposal is one component of the ongoing Program designed to review all of the Commission's rules and regulations to eliminate regulatory requirements that impose inefficient and costly regulatory burdens on credit unions, to eliminate requirements that do not contribute significantly to maintaining safety and soundness, and to revise rules that do not effectively advance the Commission's other goals and statutory responsibilities. The purpose of this notice is to solicit comments on the proposed text of the standard bylaws, as well as any substantive issues the commentors wish to see addressed in the proposal. Based upon those comments, the Commission will issue the final standard bylaws.

Section 122.002 of the Texas Finance Code requires the Credit Union Commission to prepare standard bylaws to simplify the process of organizing new credit unions. The current standard bylaws have not been updated for many years. By eliminating duplicative and outdated bylaws, the Commission hopes to reduce regulatory compliance costs.

Written comments on the proposal must be submitted within 30 days after its publication in the Texas Register to Harold Feeney, Commissioner, Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. You may Fax comments to (512) 832-0278 or E-mail comments to info@tcud.state.tx.us. Please send comments by one method only.

The following is the proposed text of the standard bylaws for state chartered credit unions:

CHAPTER I. NAME, DEFINITION AND PURPOSE

Section 1.01. NAME

The name of this credit union shall be as stated in the Articles of Incorporation.

Section 1.02. PURPOSE

The purpose of this credit union is, consistent with applicable law, to engage in any business or activity and provide any service that may benefit the members.

Section 1.03. DEFINITIONS

(a) Act. "Act" or "Credit Union Act" means the Texas Finance Code, Title 3, Subtitle D.

(b) Board. "Board" or "Board of Directors" means the Board of Directors of the credit union and "Director" means a member of the Board.

(c) Commission. "Commission" means the Texas Credit Union Commission.

(d) Commissioner. "Commissioner" means the Texas Credit Union Commissioner.

(e) Department. "Department" means the Texas Credit Union Department.

(f) General Parliamentary Procedure. "General Parliamentary Procedure" means the rules and precedents governing meetings not specifically found in law or these bylaws that are usually found in Robert's Rules of Order.

(g) Loan. "Loan" includes lines of credit and all other sources of credit and methods of financing.

(h) Members of the Family. "Members of the family" shall be as specified by the board of directors in written policy.

(i) Official. A person who is an officer or a member of the Board of Directors, credit committee, or other volunteer committees (including elected or appointed loan officers or membership officers) established by the Board of Directors.

(j) Person. "Person" may include an individual, partnership, corporation, association, government, governmental subdivision or agency, business trust, estate, trust or any other public or private entity.

(k) Written, Written Form, or In Writing. In addition to paper documents, information produced, stored, or communicated electronically is considered to be 'written,' in 'written from,' or 'in writing' if it is contained in or on an electronic record capable of retention by the recipient at the time of receipt.

CHAPTER II. OFFICES

Section 2.01. PLACE OF BUSINESS

The principal place of business of this credit union shall be as stated in the Articles of Incorporation.

Section 2.02. OTHER OFFICES

Additional offices and service facilities may be established within or outside the State of Texas by board action if they are reasonably necessary to furnish services to the membership and provided that prior written notice is given to the Commissioner.

CHAPTER III. MEMBERSHIP, MEETINGS AND ELECTIONS

Section 3.01. FIELD OF MEMBERSHIP

The field of membership in this credit union is limited to the following persons: ¹ ___________________________________________________________________________ and members of the family of such persons.

The field of membership also includes employees of the credit union and members of their families.

Section 3.02. APPLICATION FOR MEMBERSHIP

(a) Written Application. Each application for membership must be made in writing in the form prescribed by the board of directors.

(b) Admission to Membership. An applicant eligible for membership may be admitted to membership by the affirmative vote of the board of directors, at any board meeting, or by a membership officer appointed in accordance with these bylaws and the applicant shall become a member and be entitled to the rights and privileges of a member upon (1) paying the membership fee, if any, as set by the board of directors, and (2) establishing the minimum qualifying account balance as prescribed by written board policy.

(c) Minors. Minors may be admitted to membership on the same conditions that apply to adults with the following exceptions: (1) No minor may vote until attaining the age of _______; and (2) No minor may become a director or committee member until attaining the age of ______.

Section 3.03. CONTINUED MEMBERSHIP

Once a person is approved and qualified for membership, that person may remain a member until the person chooses to withdraw or is expelled in accordance with these bylaws.

Section 3.04. EXPULSION FROM MEMBERSHIP AND FORFEITURE OF

MEMBERSHIP

(a) Expelling a Member. Based upon a finding of good cause, the board of directors may vote to expel a member of the credit union. Good cause shall include, but not be limited to: (1) Failure to maintain the requirements necessary for membership; (2) Physical abuse or assault, harassment or multiple instances of verbal abuse of an employee, an officer, a director, or another member of the credit union; (3) Neglect or refusal to comply with provisions of the Credit Union Act, Commission rules, these bylaws, or the articles of incorporation; (4) Conviction of a felony; (5) Habitual neglect to pay obligations or default on an obligation resulting in a financial loss to the credit union; (6) Causing a financial loss to the credit union by means of theft, malfeasance, or misconduct; and (7) Insolvency or bankruptcy. After an initial vote to expel, the board must give written notice to the member of the right to a hearing upon written request and must therein inform the member of the cause for expulsion and of the procedure for expulsion. Forty-five (45) days after the date of notice, the expulsion automatically becomes final unless the member has responded with a written request for a hearing and appears at the hearing when scheduled as provided for herein. Upon receiving such a request, the board shall schedule a date for the hearing which must be within forty-five (45) days after receipt of the request. No less than fifteen (15) days prior to the hearing, the board must send to the member written notice of the date, time and place for the hearing. After the hearing, the board shall again vote on whether to expel the member. The member is expelled if a majority of the board votes to expel.

(b) Continuing Liability. An expelled member shall remain liable for any sums owed to the credit union for loans or other purposes.

(c) Automatic Forfeiture of Membership. Members whose loans or extensions of credit are defaulted and charged off as a loss automatically forfeit membership. If any funds on deposit are not applied toward the loan balance or any other indebtedness of the member, the credit union shall, within a reasonable time, close all accounts of the member and mail the funds to the member. Reinstatement of membership in case of forfeiture may only be by majority vote of the board of directors.

(d) Exception. Notwithstanding subsection (a), a member that does not maintain the minimum qualifying account balance in accordance with §3.02(b) of these bylaws will be sent written notification that failure to maintain the minimum balance required indicates that the member no longer wishes to participate in the affairs of the credit union. The member will be given forty-five (45) days from the date the letter is mailed to notify the credit union of his or her desire to maintain membership and meet the minimum share or other qualifying account requirements. A member's failure to appropriately respond within the indicated timeframe will be considered a request to close the account and withdraw all funds, thereby voluntarily terminating membership in the credit union.

(e) Unacceptable Conduct. If the unacceptable conduct of a member poses an imminent threat to the safety or welfare of any officer, director or employee, the president, the president's designee, or the board may temporarily suspend the member. If a suspension is imposed, the member may be denied all services except the right to maintain a share account and the right to vote at annual and special meetings. The board shall provide the member with a written notice of suspension that includes a statement of the alleged facts that form the basis of the suspension. The suspension becomes effective upon service of the notice upon the member. By its terms the suspension automatically converts to an expulsion 45 days from the date of notification, unless prior thereto, the board takes action to stay, modify or extend the suspension. A member served with a notice of suspension may apply to the board for a stay of the suspension pending the completion of the expulsion procedures contained in subsection (a) of this section. Before implementing the provisions of this subsection, the board of directors will establish written policies regarding member conduct on credit union premises and the potential sanctions which may be imposed against a disruptive or abusive member.

Section 3.05. MEETINGS OF MEMBERS

(a) Annual Meeting. The credit union shall hold an annual meeting of the members before June 1 of each year, in a county within Texas in which an office of the credit union is located, at such time and place as the board of directors shall determine to be convenient to the membership.

(b) Special Meetings. Special meetings shall be held by order of the directors or upon written request to the board of directors of at least two percent (2%) of the members or five hundred (500) members, whichever is less. Notice of any special meeting shall state the purpose for which it is to be held and no other business other than that related to the stated purpose shall be transacted at the meeting. The board of directors must schedule the meeting within forty-five (45) days of the request unless the time is extended by the Commissioner.

(c) Notice of Meetings. Notice of all meetings shall be given by the secretary who shall, at least fifteen (15) days before the date of the meeting, post a notice thereof in a conspicuous place in each office of the credit union and shall mail, or hand in person, to each member a notice of the meeting; except that if the annual meeting is to be held during the same month as that of the previous annual meeting, and if this credit union maintains an office that is readily accessible to members and that maintains regular business hours, and if the board so determines, notices of the annual meeting may be given by posting the notice thereof in each office of the credit union in a conspicuous place where it may be read by the members, at least thirty (30) days prior to such meeting. Any meeting of the members, whether annual or special, may be held without prior notice, at any place or time, if all the members entitled to vote thereat who are not present at such meeting shall in writing waive notice thereof before or during the meeting. (Refer to Texas Finance Code, §122.052 for voting rights). The notice for either the annual or a special meeting shall state the nature of the business to be transacted.

(d) Conduct of Meetings. Annual and special meetings shall be presided over by the chairman of the board or the chief executive officer, or if neither the chairman nor chief executive officer is present, by such other officer as designated by the board of directors. The presiding officer shall determine the order of the business. General parliamentary procedure shall be followed in all meetings of the membership where procedure is not specifically defined in these bylaws.

(e) Quorum. At annual and at special meetings, a majority of the members shall constitute a quorum, provided, however, that at any time the membership of the credit union increases to such extent that a majority of such membership is in excess of twenty-five (25) members, then twenty-five (25) members shall constitute a quorum. If no quorum is present, an adjournment may be taken to a date not less than seven (7) nor more than fifteen (15) days thereafter; and the members present at any such adjourned meeting shall constitute a quorum, regardless of the number of members present. At least seven (7) days prior to any such adjourned meeting, the secretary shall post notice of the adjourned meeting in a conspicuous place in the office of the credit union.

(f) Voting. No member may vote by proxy. An organization, incorporated or otherwise, holding membership in the credit union may only be represented by one person authorized to represent it and said authorization shall be maintained on file in the credit union.

(g) Act of Membership. A decision made by a majority vote of the members present at any duly held meeting at which a quorum is present is an act of the membership.

Section 3.06. ELECTIONS

(a) Election Rules. The board of directors shall prescribe election rules, including the procedure to be followed in the event of a tie vote, as part of their written board policy.

(b) Qualification of Directors. No person may be elected or appointed as a director unless that person meets the requirements specified in the Credit Union Act and Commission rules adopted thereunder.

OPTION 1

(c) Nominating Committee. At least forty-five (45) days prior to each annual membership meeting, the chairman of the board with board approval shall appoint a nominating committee of not less than three credit union members in good standing. It shall be the duty of the nominating committee to nominate at least one member for each board vacancy, including any unexpired term, for which elections are to be held.

(d) Nominations from the floor. After the report of the nominating committee is made to the membership, the presiding officer shall call for nominations from the floor. When nominations are closed, the vote shall be taken. Elections may be by voice vote unless a member demands that the election be by ballot for a particular contested position. If such a demand is made, that position shall be determined by ballot.

OPTION 2

(c) Nominating Committee. At least one hundred twenty (120) days prior to each annual membership meeting, the chairman of the board with board approval shall appoint a nominating committee of not less than three credit union members in good standing. It shall be the duty of the nominating committee to nominate at least one member for each board vacancy, including any unexpired term, for which elections are to be held. The nominating committee shall file its nominations with the secretary of the board at least ninety (90) days prior to the annual meeting, and the secretary shall notify members at least seventy-five (75) days prior to the annual meeting that nominations for vacancies may also be made by petition signed by one (1%) percent of members with a minimum of twenty (20) and a maximum of five hundred (500).

(d) Notice. The written notice to members must indicate that there will be no nominations from the floor and the election will not be conducted by ballot when there is only one nominee for each position to be filled. A brief statement of qualifications and biographical data in a form approved by the board of directors will be included for each nominee submitted by the nominating committee with the written notice to members. The written notice must state the closing date for receiving nominations by petition. In all cases, the period for receiving nominations by petition must extend at least thirty (30) days from the date that the petition requirement and the list of nominating committee's nominees are mailed to the members.

(e) Petition. Nomination by petition must be filed with the secretary of the board at least forty (40) days prior to the annual meeting. Each nominee by petition must submit a brief statement of qualifications and biographical data in a form approved by the board of directors. The secretary of the board will ensure that nominations by petition along with those of the nominating committee are posted in a conspicuous place in each credit union office at least 30 days prior to the annual meeting.

(f) Vote. All elections are determined by plurality vote. When only one member is nominated for each position to be filled, the chairman of the board may take a voice vote or declare each nominee elected by general consent or acclamation at the annual meeting.

OPTION 3

(c) Nominating Committee. At least one hundred twenty (120) days prior to each annual membership meeting, the chairman of the board with board approval shall appoint a nominating committee of not less than three credit union members in good standing. It shall be the duty of the nominating committee to nominate at least one member for each board vacancy, including any unexpired term, for which elections are to be held. The nominating committee shall file its nominations with the secretary of the board at least ninety (90) days prior to the annual meeting, and the secretary shall notify members at least seventy-five (75) days prior to the annual meeting that nominations for vacancies may also be made by petition signed by one (1%) percent of members with a minimum of twenty (20) and a maximum of five hundred (500).

(d) Notice. The written notice to members must indicate that there will be no nominations from the floor and the election will not be conducted by ballot when there is only one nominee for each position to be filled. A brief statement of qualifications and biographical data in a form approved by the board of directors will be included for each nominee submitted by the nominating committee with the written notice to members. The written notice must state the closing date for receiving nominations by petition. In all cases, the period for receiving nominations by petition must extend at least thirty (30) days from the date that the petition requirement and the list of nominating committee's nominees are mailed to the members.

(e) Petition. Nomination by petition must be filed with the secretary of the board at least forty (40) days prior to the annual meeting. Each nominee by petition must submit a brief statement of qualifications and biographical data in a form approved by the board of directors. The secretary of the board will ensure that names of the candidate nominated by petition along with those of the nominating committee are posted in a conspicuous place in each credit union office at least thirty (30) days prior to the annual meeting.

(f) Vote. All elections are determined by plurality vote. When only one member is nominated for each position to be filled, the chairman of the board may take a voice vote or declare each nominee elected by general consent or acclamation at the annual meeting.

(g) Electronic device or mail ballot. All elections will be by electronic device or mail ballot, subject to the following conditions:

(1) If sufficient nominations are made by the nominating committee or by petition to provide more than one nominee for any position to be filled, the secretary of the board, at least thirty (30) days prior to the annual meeting, will cause either a printed ballot or notice of ballot to be mailed to members eligible to vote;

(2) If the credit union is conducting its elections electronically, the secretary of the board will cause the following materials to be made available in writing to members eligible to vote and the following procedures will be followed:

(A) A notice of balloting stating the name, statement of qualification and biographical data for each candidate for the board of directors;

(B) An instruction sheet on the electronic election procedure, including the period of time in which votes will be taken (the instruction shall state that members without the requisite electronic device necessary to vote on the system may vote by mail ballot upon written or telephone request and specify the date the request must be received by the credit union);

(C) Voting will be closed at the deadline specified by the board of directors and the vote will be tallied by tellers appointed by the board of directors (the chair will make the result of the vote public at the annual meeting); and

(D) In the event of malfunction of the electronic balloting system, the board of directors may in its discretion order elections be held by mail ballot only (the board may make reasonable adjustments to the voting timeframes or postpone the annual meeting when necessary to complete the election prior to the annual meeting).

(3) If the credit union is conducting its election by mail ballot, the secretary of board will cause the following materials to be mailed to members eligible to vote and the following procedures will be followed:

(A) A ballot on which the names of the candidates for the board of directors are printed in order as determined by the draw of lots;

(B) A brief statement of qualifications and biographical data of each candidate in a form approved by the board of directors;

(C) A ballot envelope clearly marked with instructions that the completed ballot must be placed in that envelope and sealed;

(D) An identification form to be completed so as to include the name, address, signature, or credit union account number of the member (the ballot and identification form may be combined into one document);

(E) A preaddressed mailing envelope in which the member must insert the sealed ballot envelope and the identification form; and

(F) Voting will be closed at the deadline specified by the board of directors and the vote will be tallied by tellers appointed by the board of directors (the chair will make the result of the vote public at the annual meeting).

CHAPTER IV. POWERS OF CREDIT UNION

Section 4.01. GENERAL REQUIREMENTS

(a) Confidentiality. The officers, directors, advisory directors, committee members, and employees of this credit union shall hold in strict confidence all proprietary information of the credit union, all transactions of this credit union with its members, and all information respecting their personal affairs, except to the extent deemed necessary by the board of directors in accordance with written board policy and subject to the provisions of the Act, the Commission rules and these bylaws.

(b) Availability of Books and Records. All books of accounts and other records shall be available, at all times, to the directors. Upon board approval, committee members may have access to certain credit union information and records that are germane to their particular area of service, according to written policies established by the board. The articles of incorporation and bylaws of this credit union shall be made available for inspection by any member. The board of directors will establish written policies regarding members' access to the articles of incorporation, bylaws, rules, guidelines, board policies, and copies thereof.

(c) Corporate Records. Copies of the articles of incorporation, the bylaws, and any amendments thereto, shall be preserved in a place of safekeeping. Returns of nominations and elections and proceedings of all regular and special meetings of the members and directors shall be recorded in the minute books of this credit union. The minutes of the meetings of members, the board of directors and committees shall be signed by their respective chairmen or presiding officers and by the persons who serve as secretaries of such meetings.

Section 4.02. EVIDENCE OF TRANSACTIONS

Money paid in or out on account of shares, deposits, loans, interest, fees, or fines shall be evidenced as prescribed by the board of directors, provided that such evidence identifies the person withdrawing or authorizing withdrawal of cash, the person paying out cash, the amount and nature of each transaction, and is consistent with industry practices. The credit union shall provide periodic written notice to the member, no less frequently than once each year, of the status and balance of all accounts.

Section 4.03. ENTRANCE FEES

The board of directors may establish an entrance fee for membership.

Section 4.04. EXPENSES, FEES AND PENALTIES

(a) Loan Fees and Expenses. In accordance with the Credit Union Act, the credit union may require members to pay all reasonable expenses and fees incurred in connection with making, closing, disbursing, extending, readjusting, or renewing a loan. Such fees and expenses are in addition to interest.

(b) Late Fee. The credit union may charge a member a penalty on each loan payment not paid in full within ten (10) days of its due date. The credit union and borrowing member may agree and stipulate to a reasonable penalty on the amount of any installment or other amount in default. The board of directors in a written policy shall establish the maximum penalty for a delinquent payment. Such penalties do not constitute interest and only one penalty may be charged on each past due payment.

(c) Other Fees and Charges. The board may levy and collect other fees and charges subject to any limitation imposed by applicable law.

CHAPTER V. DIRECTION OF AFFAIRS

Section 5.01. BOARD OF DIRECTORS

(a) Number of Directors. The board of directors of this credit union shall consist of ____________________ ² individual members who shall be elected as provided in these bylaws. All of the directors shall be members of this credit union. No reduction in the number of directors may be made unless corresponding vacancies exist as a result of deaths, resignations, expiration of terms of office or other actions provided by these bylaws.

(b) Term of Office. Regular terms of office for directors shall be for ___________ ³ years. All regular terms must be for the same number of years, and directors shall hold office until successors are elected and have qualified unless disqualified or removed. The regular terms must be fixed at the beginning, or upon any increase or decrease in the number of directors, such that approximately an equal number of regular terms must expire at each annual meeting.

(c) Vacancies. Vacancies on the board of directors will be filled by election at each annual meeting by and from the membership of the credit union.

(d) Terms. Directors may serve more than one term.

(e) Honorary Directors. The board may appoint not more than three honorary or advisory directors who serve at the pleasure of the board and who advise and consult with the board and aid the board in carrying out its duties and responsibilities. An honorary or advisory director is not considered a member of the board and is not entitled to vote on any matter before the board but, if the Board so determines, may participate in deliberations of the board. An honorary or advisory director need not be eligible for membership in the credit union.

Section 5.02. VACANCIES ON THE BOARD OF DIRECTORS

Any vacancy occurring on the board of directors shall be filled within sixty (60) days from the date the vacancy occurred, by a majority vote of the directors then holding office. Directors so appointed shall hold office only until the next annual meeting at which any unexpired terms shall be filled by vote of the members, and until the qualification of their successors. The Commissioner may, for good cause shown, extend the period of time for filling a specific vacancy.

Section 5.03. CERTIFICATE OF ELECTION

The chairman of the board and the secretary shall execute a certificate of election that sets forth the names and addresses of the officers, directors, and committee members elected or appointed, and shall file a copy of the certificate of election with the department within forty-five (45) days after the election or appointment, and on forms supplied by the department for that purpose. Such forms may provide for other information as deemed appropriate by the Commissioner.

Section 5.04. MEETINGS OF DIRECTORS

(a) Frequency of Meetings. Regular meetings of the board of directors shall be held at least monthly. The chairman of the board, or in his or her absence the vice-chairman, any other board officer, or the president, may call a special meeting of the board of directors at any time, and shall do so upon written request of any three (3) directors. Because of the confidential nature of their duties, the board of directors shall prescribe written policy governing the attendance at board meetings by persons other than directors. Notice of meetings of the board of directors shall be given in such a manner as the board of directors may from time to time, prescribe by written policy.

(b) Meeting by Telephone or Electronic Means. Subject to the same notice and quorum provisions as for any other meeting of the board of directors, any meeting of the board of directors may be held by telephone conference call or other electronic means in which all or certain of the directors are not present at the place of the meeting; provided, however, that all the directors counted as present can speak to and be heard by the other directors during the meeting. Before any regular meeting may be held in this manner, the members of the board of directors must be provided with a written copy of the agenda and copies of all materials that will be discussed. Minutes will be kept in the same manner as for any other meeting of the board of directors. For the purpose of determining the presence of a quorum and for all voting purposes at such a meeting, all directors participating in the meeting shall be considered present and acting, except where a director has participated by telephone conference call or other electronic means more than four times during a calendar year. In such a case where a person exceeds the four-meeting limit, the director is not be eligible to be counted as present for quorum or voting purposes.

(c) Actions Without a Meeting. Any action required or permitted to be taken by the board of directors under any provision of the Credit Union Act may be taken without a meeting if all members of the board shall individually or collectively consent in writing to the action. The written consent or consents shall be filed with the minutes of the proceedings of the board. Any action by written consent shall have the same force and effect as a unanimous vote of those consenting directors. Any certificate or other document filed under any provision of the Credit Union Act that relates to action so taken shall state that the action was taken by unanimous written consent of the board of directors without a meeting and that these bylaws authorize the directors to so act, and that statement shall be prima facie evidence of such authority.

(d) Confidentiality of Board Deliberations. The officers and directors shall hold in confidence all matters presented to the board for deliberation or determination, except when permitted by applicable law.

Section 5.05. QUORUM

A majority of the number of directors shall constitute a quorum for the transaction of business at any meeting thereof, but fewer than a quorum may adjourn from time to time until a quorum is in attendance.

Section 5.06. MAJORITY ACTION

Every act or decision done or made by a majority of the directors present at any duly held meeting at which a quorum is present is an act of the board of directors. Each director who is present at a meeting will be deemed to have assented to any action taken at such meeting unless the director's dissent to the action is entered in the minutes of the meeting, or unless the director shall file a written dissent thereto with the secretary of the meeting or shall forward that dissent by registered mail to the secretary of the credit union immediately after the meeting.

Section 5.07. REMOVAL OF DIRECTORS

(a) Automatic Removal. Any director who fails to attend three (3) consecutive regular board meetings without due cause, or who fails to attend six (6) regular meetings within any twelve-month period following the director's election/appointment is automatically removed from office. A new individual shall fill a vacancy occurring in this manner within sixty (60) days, unless extended by the Commissioner, in accordance with §5.02 of these bylaws.

(b) Removal for Cause. Any director may be removed from office for good cause by a majority vote of the board of directors at a regular meeting or a special meeting of the board called expressly for such purpose. Notice of the meeting must specify the director who is subject to removal. Good cause for removal shall be the failure to perform the duties devolving upon such person as a director, including, but not limited to: (1) Physical abuse or assault, harassment or multiple instances of verbal abuse of a member, employee, officer or other director of the credit union; (2) Misapplication of credit union funds; (3) Breach of fiduciary duty; (4) default on payment of a voluntary obligation to the credit union or has otherwise caused the credit union to incur a financial loss; (5) Neglect or refusal to comply with provisions of the Credit Union Act or Commission rules, these bylaws or the articles of incorporation; (6) Conviction of a felony; (7) Conviction of a misdemeanor involving moral turpitude; (8) Failure to maintain confidentiality relating to credit union transactions and the financial affairs of its members; and (9) The failure to perform the duties of a director. Prior to a vote on removal, the director must be afforded an opportunity to be heard at such meeting. Any vacancy or vacancies occurring as a result of removal under this provision must be filled within sixty (60) days, unless extended by approval of the Commissioner, in accordance with §5.02 of these bylaws.

(c) Recall. Any director or the entire board of directors may be removed by recall of the members as provided by Commission rules.

(d) Notification to Commissioner. The credit union shall notify the Commissioner in writing within ten (10) days of the removal of any director pursuant to this section.

Section 5.08. COMMITTEES

(a) Executive Committee. The board of directors may appoint from its own number an executive committee of not less than three (3) persons to exercise, between meetings of the board of directors, such authority as may be specifically delegated to it by the board of directors. The executive committee shall report to the board of directors the activities it has taken between meetings of the board of directors, and a report of such activities shall be placed in the minutes of the board of directors. The president, if also a director, may not serve on the executive committee.

(b) Other Committees. The board of directors may from time to time designate persons to constitute committees, including an audit committee, which shall have and may exercise such powers as the board of directors may determine and specify. The board of directors shall have the power at any time to change the number and members (with or without cause) of any such committee, to fill vacancies and to discharge any such committee.

Section 5.09. DUTIES AND POWERS OF DIRECTORS

The board of directors shall have the authority and responsibility for the general direction and control of the business affairs, funds and records of this credit union and shall be responsible for its safety and soundness. The board may exercise any and all powers granted by law to boards of directors of corporations, including those powers set forth in the statutes of the State of Texas regulating the organization and operation of credit unions. The board of directors may delegate to others, including the president, other officers or committees, the performance of these duties, including the authority to further delegate these duties; provided, however, the board in delegating such duties is not relieved from the responsibility for the performance of such duties. All such delegations must be recorded in the minutes of the board and include: (1) the person or persons authorized to exercise the delegated powers; and (2) appropriate guidelines and limitations for the exercise of such delegated powers.

In addition to the duties customarily performed by boards of directors, the board of directors shall perform the following special duties and all other duties enumerated in these bylaws, in the laws of the State of Texas pertaining to credit unions, and in the Commission rules, including:

(a) To direct the affairs of the credit union in accordance with the Credit Union Act, Commission rules, articles of incorporation, these bylaws, and sound business practices.

(b) To assure formulation and adoption of written policy statements that will ensure conformity with the Credit Union Act and Commission rules for the following:

(1) The field of membership,

(2) Lending,

(3) Deposit accounts,

(4) Investments,

(5) Internal control and audit procedures,

(6) Employee policies,

(7) Any other matter for which a written board policy is required by law, Commission rule or these bylaws.

(c) To provide general direction and governance of credit union affairs, as distinct from operational management of the credit union, so that the board can assure itself through knowledgeable and responsible inquiry that the credit union's operating management has performed satisfactorily. The directors must direct and monitor the affairs of the credit union without being involved in everyday managerial activities.

(d) To monitor and evaluate the credit union's performance and financial condition, including the credit union's estimated solvency ratio, and to assure that a timely, adequate reporting and information system keeps directors knowledgeable at all times.

(e) Purchase from a fidelity company authorized to do business in this state a blanket fidelity bond in accordance with the Credit Union Act and Commission rules.

(f) Determine the rate(s) of interest on loans, and the rate(s) of interest refunds, if any, to be paid to borrowing members subject to the limitations of the Credit Union Act.

(g) Declare dividends and interest refunds in the way and manner as provided by these bylaws, and Commission rules.

(h) Determine the terms, conditions, and rate(s) of interest to be paid on deposits.

(i) Determine the limits on shares and deposits which may be owned by a member.

(j) Authorize the conveyance of property.

(k) Designate a reserve depository or depositories for the funds of this credit union.

(l) Authorize and provide for a comprehensive audit of the books and records of the credit union not less than annually. Such audit shall be an independent review of the internal policies, procedures, and controls of the credit union and its compliance with them as necessary for the reviewing party to come to a reasonable conclusion that the financial statements of the credit union fairly and accurately represent the condition of the credit union.

(m) To cause all member accounts to be verified, under controlled conditions, with the records of the credit union in accordance with the Credit Union Act and Commission rules. A statistical sampling procedure may be used in lieu of verifying all accounts provided it is performed in accordance with Generally Accepted Auditing Standards. Records of those accounts so verified must be retained until the following verification of member accounts is completed.

(n) Supervise the collection of loans to members in accordance with written board policy, authorize the charge-off of uncollectible loans when necessary, and authorize the establishment and maintenance of an allowance for loan and lease losses and other reserve allocations as required by Commission rules. The board may also authorize the establishment and maintenance of reserves in addition to those required.

(o) Authorize the borrowing or lending of money to carry on the functions of this credit union as prescribed by the Credit Union Act.

(p) Set the date of the annual meeting of the members.

(q) The board may take all necessary or appropriate measures for the interest of the credit union members, including appointing any committees deemed necessary, not within the exclusive jurisdiction of the general membership meeting and not inconsistent with the laws of the State of Texas and these bylaws.

(r) Adopt an operating budget forecast on an annual or semiannual basis, not later than thirty (30) days after the start of such annual or semiannual periods. The budget forecast may be amended by the board from time to time.

Section 5.10. ELECTION AND APPOINTMENT OF OFFICERS

(a) Organizational Meeting. At their first meeting, which shall be held within thirty (30) days following the annual meeting of the members, the board of directors shall elect from their own number a chairman, a vice-chairman, a treasurer, and a secretary. One person may be elected to fill the offices of treasurer and secretary upon appropriate action by the directors. Any person designated as "Chairman" or "Vice Chairman" may use another equivalent title such as, in the case of the Chairman, "Chairperson," "Chairwoman," "Chair," or other such appropriate title. The thirty (30) day period may be extended if approved in writing by the Commissioner.

(b) Designating a President. The board may employ, elect, or appoint a chief executive officer who is in charge of operations and whose title shall be president. The president may or may not be a member of the board of directors, but the president may not be the chairman, vice-chairman, or secretary. The president serves at the pleasure of the board.

(c) Other Employees. Subject to guidelines set by the board and in conformity with §122.058 of the Credit Union Act, the president shall appoint, employ, or hire and may discharge other officers and employees that the president considers necessary for operation of the credit union.

Section 5.11. DUTIES OF OFFICERS

(a) Chairman. The chairman of the board shall preside at meetings of the members, and of the board of directors, and shall perform such other duties as pertain to this office.

(b) Vice-Chairman. The vice-chairman shall perform duties of the chairman of the board in the event of absence or disability of that officer.

(c) Secretary. The secretary shall prepare and maintain full and correct records of all meetings of the members and of the board of directors. The secretary shall promptly inform the Credit Union Department in writing of any change in the address of the office of this credit union, or location of its records, and promptly file changes in the officers, directors and the chairman of the audit committee of the credit union with the Commissioner. The secretary shall give or cause to be given, in the manner prescribed in these bylaws, proper notice of all meetings of the members and of the board of directors. The secretary shall also perform such other duties as he or she may be directed to perform by resolution of the board of directors not inconsistent with the Credit Union Act and these bylaws.

(d) Treasurer. The treasurer shall perform the duties incident to the office of treasurer and such other duties from time to time as may be assigned by the board of directors, provided that such assigned duties do not conflict with the duties of other officers.

(e) President.

(1) The president shall be the chief executive officer of the credit union under the control and direction of the board of directors. Subject to such limitations and controls as may be imposed by the board, and subject to delegation by the board of any of the following responsibilities to other persons, the president shall sign all checks and drafts drawn by the credit union except those which may be signed under his or her general supervision by such employees as may be authorized by the board of directors or president to sign checks and drafts. The president shall have custody of the cash, securities, books of accounts and other valuable papers of the credit union and shall prepare a balance sheet showing the condition of the credit union within twenty (20) days after the close of each month. A copy of the monthly balance sheet shall be provided to any member upon request. The president shall within three (3) working days after receipt, deposit all receipts in his or her possession in the depository or depositories prescribed by the board of directors. The president may be paid a salary to be fixed by the board of directors for his or her services. The compensation of all other employees shall be established by the president, consistent with standards and limitations established by the board.

(2) The president shall also submit to the board of directors, the monthly financial report, delinquent loan report, and other special reports which may be requested from time to time by the board of directors.

(3) The president shall prepare and forward to the Credit Union Department such financial reports and other reports as are required from time to time by the Commissioner, and shall also pay all expenses incident to examinations and supervision by the Credit Union Department.

(4) The president, with the approval of the board, may appoint one or more membership officers from among the membership or the credit union staff. Such membership officers may not be an individual who approves loans or disburses funds. If the general requirements for membership are met, a membership officer shall not have the authority to disapprove an application for membership except in accordance with written board policy.

Section 5.12. FINANCIAL INTEREST

No officer, director, committee member, or employee of this credit union shall, in any manner, directly or indirectly, participate in the deliberation upon or the determination of any loan, investment, or any other matter affecting his/her financial interest or the financial interest of any organization, incorporated or otherwise (other than this credit union) in which he/she is directly or indirectly interested.

Section 5.13. RESIGNATION

Any director may resign at any time by sending a written notice of such resignation to the principal office of the credit union addressed to the chairman or the chief executive officer. Unless otherwise specified, such resignation shall take effect upon receipt by the chairman or chief executive officer.

Section 5.14 INDEMNIFICATION

(a) Indemnify. To the full extent permitted by Texas law, the credit union _____ (insert either may or shall) indemnify any director, officer, agent, or employee who was, is, or is threatened to be made a named defendant or respondent in a proceeding because the person is or was a director, officer, agent, or employee and may/shall advance such expenses as may be incurred by such person in connection therewith.

(b) Insurance. The credit union may purchase and maintain insurance on behalf of the individuals indemnified against any liability asserted against them and expenses reasonably incurred by them in their official capacities and arising out of the performance of their official duties to the extent such insurance is permitted by applicable state law.

CHAPTER VI. MEMBER ACCOUNTS

Section 6.01. SHARES AND DEPOSITS

(a) Types and Classes of Shares. Shares may be purchased by members with or without par value and may be of different types and/or classes as determined by the board of directors. Shares may be paid for as prescribed by the board of directors in written policy.

(b) Payment of Dividends. Dividends may be paid on fully paid shares or on the total amount of fully paid and partial shares, as prescribed by the board of directors in written policy. Dividends and other credits to the share accounts of members shall constitute payments on shares.

(c) Deposits Accounts. All deposit accounts shall be maintained in accordance with policies prescribed by the board of directors and in conformity with the Commission rules.

Section 6.02. WITHDRAWAL AND TRANSFER OF SHARES AND DEPOSITS

(a) Transfers. Shares and deposits may be transferred from one member to another only in writing on the books of the credit union. A reasonable fee for each transfer may be required by the board.

(b) Withdrawals. Monies paid in on shares or deposits may be withdrawn as provided in these bylaws on any day when payment for shares or deposits may be made, but the board of directors shall have the right at any time to:

(1) Require members and other depositors to give sixty (60) days notice of intention to withdraw the whole or any part of the amounts so paid in by them;

(2) Prescribe rules regarding withdrawals of shareholdings or deposits below the amount of a member's total indebtedness, either direct or indirect, to the credit union;

(3) Prescribe rules regarding remote withdrawal of shares and/or deposits, in accordance with the Credit Union Act and rules promulgated by the Commission;

(4) Prescribe a fee for each withdrawal above a reasonable number of withdrawals per month as prescribed by the board in written policy; and

(5) Prescribe a reasonable minimum amount for each withdrawal.

CHAPTER VII. LOANS

Section 7.01. ELIGIBILITY

Loans may be made for any purposes deemed appropriate by the board of directors, and shall be made in accordance with the Credit Union Act, these bylaws, Commission rules, and written board policies.

Section 7.02. LOAN FORMS

All loans, renewals of loans, extension agreements, deferrals of payments, or releases or substitutions of security on loans to members shall be evidenced by a written form which contains all the information required by the Credit Union Act, Commission rules and these bylaws.

Section 7.03. LOAN APPROVAL PROCEDURES

It is a responsibility of the board of directors to approve or disapprove applications for loans from members. The board may delegate all or part of this power to a credit committee, other committees, or a loan officer, including the president, and such delegation may include the authority to further delegate these duties. Such delegations must be recorded in the minutes of the board and include:

(a) The person or persons authorized to exercise the powers;

(b) The loan policies established by the board of directors which will serve as the guidelines for those persons to whom this power has been delegated;

(c) The limitations on the powers delegated, which may include restrictions on the type and/or amounts of loans approved, restrictions on the power to disapprove loans, or restrictions on further delegations of these powers;

(d) If authority to disapprove a loan application is granted to any one person, including a loan officer, the board of directors must provide for at least one level of appeal from a denial of a loan application. This appeal may be to the board of directors or any individual or group of individuals the board of directors may designate; and

(e) Notwithstanding any delegation of the power to deny a loan application, the board of directors shall have the right to review any loan application which has been denied.

CHAPTER VIII. AMENDMENTS

Section 8.01. AMENDMENTS TO BYLAWS

(a) Amendments. The bylaws may be amended, altered or repealed in any manner not inconsistent with applicable law by the affirmative vote of a majority of the board of directors present at any duly held meeting thereof. The members of the board of directors, however, must receive prior notice of said meeting including a complete copy of the proposed changes.

(b) Effective Date. No amendment, alteration, or repeal of the bylaws shall become effective, however, until approved in writing by the Commissioner.

(c) Report to Membership. Any change adopted by the board of directors and approved by the Commissioner shall be reported to the membership of the credit union no later than the next succeeding membership meeting following approval of such change by the Commissioner.

APPENDIX A-OPTIONAL FIELD OF MEMBERSHIP PROVISIONS

A credit union in the exercise of discretion may select any of the following provisions for inclusion in its field of membership:

(1) Any business or organization whose employees or members are within this field of membership.

(2) Persons who are receiving retirement, pension, or other benefits as a result of prior employment by any business or organization included within this field of membership.

(3) Spouses of persons who died while within the field of membership of this credit union.

(4) Groups of employees or members of companies or associations which are located within reasonable geographic proximity of one of this credit union's offices and which have furnished written evidence of the group's desire to be eligible for membership; provided, however, that (1) any group having more than 300 employees or members or (2) any group already being served as primary members of another credit union shall be admitted only by an amendment of this section which specifically names the group being admitted. ⁴

APPENDIX B-OPTION 4 FIELD OF MEMBERSHIP REQUIREMENTS

(a) Documentation Requirements. In order to provide credit union services to groups that lack the potential membership to organize their own credit union, the Commission has authorized these persons to be eligible for membership in an existing credit union under the provision of Option 4. Any credit union wishing to accept such person into its field of membership must comply with all of the following requirements. Admitting any person under this provision without first fully complying with the delineated requirements will result in the activities being classified as an offense under Section 122.253 of the Act.

1. The credit union must receive an affidavit signed by an authorized representative of the group, which specifically indicates:

that the group wants to be eligible for membership in the credit union;

the groups community of interest;

whether the group presently has other credit union services available;

the number of persons currently included within the group and their location; and

the group's proximity to the credit union's nearest office.

2. The board of directors, at a duly called meeting, must adopt a resolution which specifically makes the determination that the group meets all the Option 4 criteria (e.g. size, reasonable proximity, and no credit union services currently available) and formally authorizes the inclusion of the group into the field of membership.

3. The secretary of the board shall official record the pertinent information in the Small Select Group Register for groups approved for membership under the provisions of Option 4.

(b) Register. The credit union shall establish a Small Select Group Register to officially record the formal admission of small select groups into the credit union's field of membership. The Register and the affidavit from the admitted group shall become a permanent record of the credit union and shall be maintained in appropriate form and in sufficient detail to demonstrate compliance with all applicable requirements. At a minimum, the Register shall include the following:

Name and address of group;

The size of the group;

The community of interest; and

The date accepted into membership.

(c) Reasonable Geographic Proximity. Under Option 4, a small select group must be within the service area of one of the credit union's offices. A service area is the area that can reasonably be served by the office accessible to the proposed group. The non-availability of other credit union service is a factor to be considered in determining whether the group is within reasonable proximity of the credit union office. For the purposes of this section, an office is defined as a place where shares are accepted, loan applications are accepted, and loans are disbursed. This definition includes a credit union owned office, a mobile branch, or a credit union owned electronic facility that meets, at a minimum, these requirements. An office can also include a shared branch if the credit union either (1) owns directly or through a CUSO or similar organization at least a 5 percent interest in the facility, or (2) the facility is local to the credit union and the credit union is an authorized participant in the facility. This definition does not include an ATM.

(d) Overlap Protection. Overlap protection will not be afforded for groups admitted to membership under the provisions of Option 4.

(e) Group Restructuring. If an admitted group expands its operations internally, by acquisition or otherwise, the credit union may serve these new entrants to its field of membership if the group still meets all the criteria for Option 4. Where the expansion results in non-compliance with any the Option 4 criteria, the credit union must apply for an amendment of Section 3.01 of its bylaws.

¹ The Commission has promulgated standard optional provisions which may be used in addition or as an alternative to specific designations.

² The number of directors cannot be less than five. Credit Union Act §122.053. It is recommended that the number of directors be an odd number.

³ The term of office cannot be greater than three years, and a term of two or three years is recommended.

⁴ See Appendix B for documentation and other requirements to serve these potential members.

TRD-200201707

Harold E. Feeney

Commissioner

Credit Union Department

Filed: March 19, 2002

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for statewide projects that reduce and prevent violence against women under the fiscal year 2003 grant cycle.

Purpose: The purpose of the projects is to assist in developing and strengthening effective law enforcement and prosecution strategies to combat violent crimes against women with a specific focus of sexual assault and to develop and strengthen victim services in such cases.

Available Funding: Federal funding is authorized under the Victims of Trafficking and Violent Prevention Act of 2000; Omnibus Crime Control and Safe Streets Act of 1968, as amended, Section 1001, 42 U.S.C. 3793(a), and Section 2001-2006, 42 U.S.C. 3796gg et. seq.

Standards: Grantees must comply with the applicable grant management standards adopted under Texas Administrative Code Section 3.19. In addition to the rules related to the funding source, applicants and grantees must comply with the federal regulations in 28 C.F.R. Section 90, which are hereby adopted by reference.

Prohibitions: Grantees may not use grant funds or program income for proselytizing or sectarian worship.

Eligible Applicants: Eligible applicants are those continuation, sexual assault focused, grantees that meet the following criteria: (1) state agencies; (2) units of local government; (3) nonprofit corporations; (4) faith-based organizations - must be tax-exempt nonprofit entities as certified by the Internal Revenue Service; (5) community supervision and corrections departments; (6) Indian tribal governments; and (7) crime control and prevention districts.

Grantees must provide matching funds of at least 25 percent of total project expenditures. This requirement may be satisfied through direct funding contributions, in-kind contributions, or a combination of the two. Nonprofit corporations are exempt from this matching requirement.

Project Period: Grant-funded projects must begin on June 1, 2002 and end on August 31, 2003.

Application Process: Interested parties should request an application kit for Violence Against Women Act Fund Programs from the Office of the Governor, Criminal Justice Division, P.O. Box 12428, Austin, TX 78711, telephone (512) 463-1919. Application kits may also be obtained through the Office of the Governor's web site address located at http://www.governor.state.tx.us/cjd/cjdmain.htm.

Preferences: Preference will be given to applicants who provide statewide programs that focus on assisting in developing and strengthening effective law enforcement and prosecution strategies to combat sexual assault or sexual violence against women and to develop and strengthen victim services in such cases. Preference will also be given to continuation projects.

Closing Date for Receipt of Applications: All original applications plus an additional copy must be submitted directly to CJD and must be received or postmarked by April 15, 2002.

Selection Process: Completed applications will be reviewed for eligibility and cost effectiveness by CJD and rated competitively by a committee selected by the director of CJD. CJD reserves the right to renew grants for up to two additional years without the selected applications entering a competitive selection process. The Executive Director of CJD will make all final funding decisions.

Contact Person: If additional information is needed contact Angie Martin at CJD at (512) 463-1884.

TRD-200201722

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: March 20, 2002

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TRD-200201725

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 20, 2002

On March 8, 2002, the director of the Bureau of Radiation Control (bureau), Texas Department of Health, approved the settlement agreement between the bureau and URI, Inc. (licensee-L03653) of Kingsville. The deadline for the licensee to post additional financial security for its Kingsville Dome, Rosita and Vasquez projects has been extended for 365 days provided the licensee does not conduct any mining of uranium at its mines, except for the incidental removal of uranium during the groundwater restoration process, and complies with the additional specific conditions stated in the Order.

A copy of all relevant material is available for public inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall Street, Austin, Texas.

TRD-200201726

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 20, 2002

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for incorporation in Texas of Freeman Administrative Solutions, Inc., a domestic third party administrator. The home office is Addison, Texas.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-200201724

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 20, 2002

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

Application for incorporation in Texas of MDRX, Inc., a domestic third party administrator. The home office is Austin, Texas.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-200201727

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 20, 2002

Wednesday, April 24, 2002, 1:00 p.m.

State Office of Administrative Hearings, William P. Clements Building, 300 West 15th Street, 4th Floor,

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. Bayland Properties, Inc. dba Smart Move Mobile Homes to hear alleged violations of Sections 14 (f) and 14(j) of the Act and Sections 80.131(b), 80.132(3) and 80.119(f)(1) of the Rules regarding not complying with the initial report and warranty orders of the Director and providing the Department with copies of completed work orders, in a timely manner and by not submitting the Form T/Installation Report. SOAH 332-02-2047. Department MHD2001001406-W.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-2894, jschroed@tdhca.state.tx.us

TRD-200201705

Bobbie Hill

Executive Director

Manufactured Housing Division

Filed: March 19, 2002

Wednesday, April 10, 2002, 1:00 p.m.

State Office of Administrative Hearings, William P. Clements Building, 300 West 15th Street, 4th Floor,

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. The American Mobilehome Company/TAMCO to hear alleged violations of Sections 4(d), 14(f) and 14(j) of the Act and Sections 80.54(a), 80.131(b), 80.132(3) and 80.119(f)(1) of the Rules regarding not properly installing a home, complying with the initial report and warranty orders of the Director and providing the Department with copies of completed work orders, in a timely manner and by not submitting the Form T/Installation Report. SOAH 332-02-2046. Department MHD2001000319-W, MHD2001001110-W, MHD2002000035-IV.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-2894, jschroed@tdhca.state.tx.us

TRD-200201706

Bobbie Hill

Executive Director

Manufactured Housing Division

Filed: March 19, 2002

An agreed order was entered regarding Rheem Manufacturing Company, Docket No. 1999- 0432-IHW-E on March 15, 2002 assessing $35,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting David Speaker, Staff Attorney at (512)239-3400, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Wigginton Oil Company, Inc., Docket No. 1999- 1479-PST-e on March 15, 2002 assessing $21,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Troy Nelson, Staff Attorney at (903)535-5100, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Michael Stubbs dba Michael Stubbs Dairy, Docket No. 2000-0765-AGR-E on March 15, 2002 assessing $7,500 in administrative penalties with $6,900 deferred.

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

An agreed order was entered regarding City of Georgetown, Docket No. 2001-0522-PWS-E on March 15, 2002 assessing $1,063 in administrative penalties.

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

An agreed order was entered regarding Coastal Plating Company, Docket No. 2001-1097- IHW-E on March 15, 2002 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (361)825-3275, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding The Dow Chemical Company, Docket No. 2001- 0854-AIR-E on March 15, 2002 assessing $8,750 in administrative penalties.

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

An agreed order was entered regarding Orville Harris dba Funliner Auto Sales, Docket No. 2001-1051-AIR-E on March 15, 2002 assessing $375 in administrative penalties with $75 deferred.

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

An agreed order was entered regarding Jordan Paving Corporation, Docket No. 2001-0510- AIR-E on March 15, 2002 assessing $2,700 in administrative penalties with $540 deferred.

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

An agreed order was entered regarding Mobeen Aslam and Aries Associates, Incorporated, Docket No. 2001-0750-PST-E on March 15, 2002 assessing $6,000 in administrative penalties with $1,200 deferred.

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

TRD-200201719

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 19, 2002

For the Period of March 18, 2002

APPLICATION GOODYEAR TIRE & RUBBER COMPANY located about 10 miles southwest of Beaumont on Interstate Highway 10 (IH-10), near the intersection of IH-10 and Smith Road on approximately 406 acres near Beaumont, Jefferson County, Texas operates a chemical and synthetic rubber manufacturing facility, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a hazardous waste permit (Permit No. HW-50379). The permit would authorize continued operation of 5 existing boilers to be used for burning hazardous wastes for energy recovery.

The Executive Director of the TNRCC has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate.

This notice satisfies the requirements of the Resource Conservation and Recovery Act (RCRA), as amended, 42 U.S. 6901 et seq. and 40 CFR 124.10. Once the final permit and compliance plan decisions of the TNRCC and U.S. Environmental Protection Agency (EPA) are effective regarding this facility, they will implement the requirements of RCRA as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA). The final permit and compliance plan decision will also implement the federally authorized State requirements. The TNRCC and EPA have entered into a joint permitting agreement whereby permits will be issued in Texas in accordance with the Texas Solid Waste Disposal Act, Texas Health and Safety Code Ann., Chapter 361 and RCRA, as amended. In order for the applicant to have a fully effective RCRA permit, both the TNRCC and EPA must issue the permit. All permit provisions are fully enforceable under State and Federal law. The State of Texas has not received full HSWA authority. Areas in which the TNRCC has not been authorized by EPA are denoted in the draft permit with an asterisk (*). Persons wishing to comment or request a hearing on a HSWA requirement denoted with an asterisk (*) in the draft permit should also notify in writing, Chief, RCRA Permits Branch, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. EPA will accept hearing requests submitted to the TNRCC.

PUBLIC COMMENT / PUBLIC MEETING. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below, within 45 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 or if requested in writing by an affected person within 45 days of the date of newspaper publication of the notice.

CONTESTED CASE HEARING. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 45 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.

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

If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

INFORMATION. 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 Office of Public Interest Counsel, MC 103, the same address as above. Individual members of the general public may contact the Office of Public Assistance, c/o Office of the Chief Clerk, at the address above, or by calling 1-800-687-4040 to: (a) review or obtain copies of available documents (such as draft permit, technical summary, and application); (b) inquire about the information in this notice; or (a) inquire about other agency permit applications or permitting processes. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200201716

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 19, 2002

Notice of Application and Preliminary Decision for a Industrial Waste Permits

For the period of March 11, 2002.

APPLICATION Diamond Shamrock Refining Company, L.P. - Three Rivers Refinery, an oil refinery which produces gasoline, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a Class 3 permit modification to authorize the addition of three closed interim status surface impoundments, (nos. 2, 3, and 4a) to the permit for post closure care. The facility is located at 301 Leroy Street, Three Rivers, Live Oak County, Texas 78071. This application was submitted to the TNRCC on February 28, 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 Live Oak County Branch Library, 102 Leroy Street, Three Rivers, Texas 78071.

APPLICATION Union Carbide Corporation - Marine Terminal (OPDA) a petrochemical bulk storage facility, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a Class 3 permit modification to authorize the construction of a RCRA alternative closure system to replace the requirement of Provision II.A.9(c) for OPDA Basins 3 and 5 and provide a unified approach to the closure of the Marine Terminal - OPDA facility. The facility is located a 2800 Loop 197 South near FM 519 In Texas City, Galveston County, Texas 77592. This application was submitted to the TNRCC on November 9, 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.

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 Moore Memorial Library, 1701 Ninth Avenue, Texas City, Texas 77590.

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 above address or by calling Ms. Lisa Trowbridge, Environmental Manager at 361- 786-8286.

TRD-200201717

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 19, 2002

The Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony regarding proposed new and amended sections to 30 TAC Chapter 285, relating to On-Site Sewage Facilities. This notice is given under the requirements of the Texas Government Code, Subchapter B, Chapter 2001.

This proposed rulemaking relates to the charge-back fee that Texas Health and Safety Code (THSC), §366.059(b), as amended by House Bill 2912, §3.09, 77th Legislature, 2001, authorizes the commission to assess to local governmental entities that repeal their order, ordinance, or resolution that established the entity as an authorized agent or to local governmental entities that have had their authorization revoked by the commission. The proposed rulemaking provides the process the executive director will follow when reviewing the authorized agent's program and what the executive director will do if he finds that a local governmental entity is not properly implementing, administering, or enforcing the requirements of THSC, Chapter 366, Chapter 285, or the authorized agent's order, ordinance, or resolution. Further, these rules lay out revocation procedures for the executive director to follow. Finally, these rules outline the billing schedule and provide the due date by when local governmental entities that have been assessed a charge-back fee must send payment to the commission.

A public hearing on this proposal will be held in Austin on April 23, 2002 at 10:00 a.m., Building C, Room 131E, at the Texas Natural Resource Conservation Commission complex, located at 12100 Park 35 Circle. Individuals may present oral or written statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Comments may be submitted to Angela Slupe, MC 205, Office of Environmental Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference Rule Log Number 2001-101-285-WT. Comments must be received by 5:00 p.m., April 29, 2002. For further information, please contact Kathy Ramirez, Regulation Development Section, at (512) 239-6757.

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

TRD-200201570

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 13, 2002

The following notices were issued during the period of March 1, 2002 through March 14, 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.

ARANSAS COUNTY AIRPORT has applied for a renewal of Permit No. 11280-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 3,600 gallons per day via evaporation using a 1.7 acre evaporation basin. The facility and disposal site are located on the east side of Farm-to-Market Road 1781 at a point approximately 3,000 feet north of the intersection of Farm-to-Market Road 1781 and Copano Village Road in Aransas County, Texas.

BASTROP INDEPENDENT SCHOOL DISTRICT has applied for a major amendment to Permit No. 14200-001, to authorize an increase in the daily average flow from 8,000 gallons per day to 30,000 gallons per day and to increase the acreage used for subsurface drip irrigation from 1.84 acres to 6.89 acres of public access land seeded with bermuda and rye grasses. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day via subsurface drip irrigation on 1.84 acres of nonpublic access land seeded with bermuda and rye grasses. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located in the community of Cedar Creek, approximately 1.5 miles northeast of the intersection of State Highway 21 and Farm-to-Market Road 535 in Bastrop County, Texas.

CITY OF BEEVILLE has applied for a renewal of TNRCC Permit No. 10124-004, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,500,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The plant site is located approximately 6,000 feet south of State Highway 202, 2,600 feet east of Poesta Creek and south-southeast of the City of Beeville in Bee County, Texas.

CITY OF BIG SANDY has applied for a renewal of TPDES Permit No. 14071-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 235,000 gallons per day. The facility is located approximately 1 mile south of the intersectin of U.S. Highway 80 and State Highway 155, approximately 1.25 miles east of State Highway 155 in Upshur County, Texas.

CAMPBELL SOUP COMPANY has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0008982 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 01012. The draft permit authorizes the discharge of treated process wastewater, utility wastewater and stormwater at a daily average flow not to exceed 10,000,000 gallons per day via Outfall 001. The applicant operates a canning facility that produces various soups and other specialty foods, and manufactures steel containers. The plant site is located at 500 North Loop 286, which is approximately 1/4 mile west of the intersection of U.S. Loop Highway 286 and U.S. Highway 271, in the northern portion of the City of Paris in Lamar County, Texas.

CIRCLE BAR TRUCK CORRAL, INC. has applied for a new permit, Proposed Permit No. 14240-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 39,500 gallons per day via surface irrigation on 22 acres of grassland and evaporation from 3.3 acres of land. The facility and disposal site are located approximately 6.5 miles east of the City of Ozona at the intersection of Interstate Highway 10 and Taylor Box Road in Crockett County, Texas. The facility and disposal site are located in the drainage basin of Devil's River in Segment No. 2309 of the Rio Grande Basin.

C & R WATER SUPPLY, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14285-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located 3,000 feet south of a point on State Highway 105, which is 2,000 feet east of the Crockett-Martin Road in Montgomery County, Texas. The treated effluent is discharged to drainage ditches; thence to Milam Branch Fork; thence to Spring Branch; thence to Caney Creek in Segment No. 1010 of the San Jacinto River.

DAVIS BAYOU SERVICE COMPANY AND CYPRESS LAKES PROPERTY OWNERS ASSOCIATION INC. has applied for a renewal of TPDES Permit No. 13627-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located 6000 feet north of State Highway 105, approximately 4.5 miles northwest of the intersection of State Highways 105 and 146, approximately 9.4 miles east-southeast of the intersection of State Highway 105 and Farm-to- Market Road 2518 in Liberty County, Texas.

DEERCREEK WATERWORKS, INC. has applied for a major amendment to Permit No. 13759-001, to authorize an increase in the daily average flow from 132,000 gallons per day to 264,000 gallons per day, change the location of the effluent disposal site, and increase the acreage irrigated from 110 acres of nonpublic access pastureland to 233 acres of a golf course. This permit will not authorize a discharge of pollutants into waters in the State. The interim and final phase wastewater treatment facilities and existing disposal site are located approximately 3 miles southeast of the intersection of Interstate Highway 20 and Farm-to-Market Road 5, approximately 1.6 miles southwest of the intersection of Farm-to-Market Roads 1187 and 5 in Parker County, Texas. The proposed disposal site is located approximately 1.6 miles due north of the Deercreek Waterworks, Inc. wastewater treatment facility in Parker County, Texas.

FPLE FORNEY, L.P. which proposes to operate the Forney Power Generating Station, a combined cycle power generating facility, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04359, to authorize the discharge of cooling tower blowdown and low volume wastes at a daily average flow not to exceed 4,000,000 gallons per day via Outfall 001. The facility is located at 900 West Broad Street, on the south side of U.S. Highway 80, 1.3 miles northwest of the intersection of Farm-to-Market Road 740 and U.S. Highway 80, northwest of the City of Forney, Kaufman County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 149 c/o Schwartz, Page & Harding, has applied for a renewal of TPDES Permit No. 11836-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 645,000 gallons per day. The facility is located at 16427 Skyblue Lane which is approximately 0.5 mile west of State Highway 6 and north of Spencer Road in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 155 c/o Smith, Murdaugh, Little & Bonham has applied for a renewal of TNRCC Permit No. 12726-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,400,000 gallons per day. The facility is located on the southern bank of Horsepen Creek approximately 8,500 feet north of Farm-to-Market Road 529 and 9,000 feet west of Farm-to-Market Road 1960 in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 276 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize an increase in the Interim I and Interim II daily average effluent flows. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located approximately 800 feet west of the intersection of State Highway 6 and West Little York Road and approximately 100 feet south of West Little York Road in Harris County, Texas

CITY OF HEDLEY has applied for a major amendment to Permit No. 10709-001, to authorize a change in the effluent disposal method from evaporation to surface irrigation of 20 acres of nonpublic access land. The proposed amendment requests to reduce the permitted flow from a daily average not to exceed 55,000 gallons per day to 50,000 gallons per day. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located northeast of the City of Hedley, approximately 1.2 miles north and 0.8 mile east of the intersection of U.S. Highway 287 and State Highway 203 in Donley County, Texas

CITY OF HUBBARD has applied for a renewal of TPDES Permit No. 10534-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located south of the City of Hubbard; approximately 2 miles south of the intersection of State Highway 31 and 171 in Hill County, Texas.

LAKE TRAVIS INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. 12920-002, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 16,500 gallons per day via subsurface disposal to evapotranspiration beds with a minimum area of 95,150 square feet. The draft permit shows a reduction in flow at the permittee's request and shall authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 6,700 gallons per day via subsurface disposal to 6 evapotranspiration beds with a minimum area of 38,700 square feet. The facility and disposal site are located at 607 North Ranch Road 620, approximately 2.5 miles northeast of the intersection of Ranch Road 620 and Lohmann Ford Road in Travis County, Texas.

NOTTINGHAM COUNTRY MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 13674-001, which authorizes the discharge of treated filter backwash effluent at a daily average flow not to exceed 51,000 gallons per day. The facility is located approximately 2,500 feet east of the intersection of South Fry Boulevard and Highland Knolls Boulevard, adjacent to the Barker Reservoir approximately 4,000 feet south of Mason Creek in Harris County, Texas.

RICE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. 13908-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day via overland flow/evaporation on 2.3 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 500 feet from the Interstate Highway 45 and approximately 500 feet east from Southern Pacific Railroad; 9/10 of a mile northwest of State Highway 1126 in Navarro County, Texas.

SOUTHWEST UTILITIES, INC. has applied for a renewal of TNRCC Permit No. 11255- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 158,000 gallons per day. The plant site is located 3010 Kowis Street, approximately 3500 feet west-northwest of the intersection of State Highway 59 and Little York Road, 1600 feet north-northwest of the intersection of Little York Road and Foy Street in Harris County, Texas.

SPENCER ROAD PUBLIC UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 11472-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 980,000 gallons per day. The facility is located at 14310 Spencer Road (Farm-to-Market Road 529), approximately 2,000 feet west of the intersection of Jackrabbit Road and Spencer Road, approximately 1.1 miles east of the intersection of State Highway 6 and Spencer Road, adjacent to the east bank of Horsepen Creek in Harris County, Texas.

SPLENDORA INDEPENDENT SCHOOL DISTRICT has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 11143-002, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The plant site is located at 23411 Farm-to-Market Road 2090, approximately 2.67 miles northwest of the intersection of U.S. Highway 59 and Farm-to-Market Road 2090 in Montgomery County, Texas.

SUPERIOR DERRICK SERVICES, INC. has applied for a renewal of TNRCC Permit No. 12442-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,400 gallons per day. The plant site is located approximately 250 feet west of Fairbanks-N. Houston Road and approximately 0.75 mile north of Taub Road in Harris County, Texas.

TEXAS WATER SERVICES, INC. has applied for a renewal of TPDES Permit No. 14055- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located approximately 1,400 feet northwest of the Searcy Cemetery and approximately 0.9 mile northeast of the intersection of State Highway 154 and Farm-to-Market Road 288 in Wood County, Texas.

TRI-B INDUSTRIAL PARTNERS, LP AND TSD HOLDINGS, INC proposes to operate a truck terminal facility, has applied for a new permit, Proposed Permit No. 04295 to authorize the disposal of truck wash waterat a daily average flow not to exceed 1600 gallons per day via evaporation.. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal area are located at 12400 Gateway Boulevard 3.5 miles west of the intersection of Interstate Highway 10 and Farm-to-Market Road 1281 (Horizon Boulevard), El Paso County, Texas. The facility and disposal site are located in the drainage area of the Rio Grande below Riverside Diversion Dam, in Segment No. 2307 of the Rio Grande Basin.

WEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 has applied to for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14072-001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The plant site is located approximately 3/4 mile east of Jones Road, on the north bank of White Oak Bayou, 1,300 feet north of the intersection of West Road and Rio Grande Street in Harris County, Texas.

ZAVALA COUNTY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14006-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The plant site is located approximately 4000 feet south of the intersection of Farm-to-Market 1433 and Farm- to-Market Road 65 on the south side of Crystal City in Zavala County, Texas.

TRD-200201718

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 19, 2002

Notices mailed during the period March 14, 2002 through March 19,2002

APPLICATION NO. 5035C & APPLICATION NO. 4976C Summary: Tarrant Regional Water District has applied to the Texas Natural Resource Conservation Commission to amend two of its adjudicated water rights to increase the water-supply yield of existing Richland- Chambers Reservoir and Cedar Creek Reservoir. The project involves accounting for return flows originating from water stored in TRWD's reservoir system, diverting return flows from the Trinity River in Henderson and Navarro Counties into constructed off-channel wetland impoundments for water quality treatment, and transferring water from the wetlands impoundments to Richland-Chambers and Cedar Creek Reservoirs to supplement the water stored in and diverted from those reservoirs. More information on the application and how to participate in the water rights application process is given below. Notice is given that Tarrant Regional Water District, a Water Control and Improvement District ("TRWD"), applicant, P.O. Box 4508, Fort Worth, Texas 76106-4508, seeks to amend two Certificates of Adjudication pursuant to Texas Water Code 11.042, 11.046, 11.121, 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq., and all provisions of Texas Water Code Chapter 11, and Chapter 30 of the Texas Administrative Code which may be relevant to these applications. Published notice of the applications is being given pursuant to 30 TAC 295.152, allowing for a thirty (30) day comment period. Notice is being mailed to all water right owners of record in the Trinity River Basin pursuant to 30 TAC 295.153. Applicant is the owner of Certificate of Adjudication No. 08-5035, as amended, which authorizes the owner to maintain an existing dam and reservoir (Richland-Chambers Reservoir) on Richland Creek, tributary of the Trinity River, to impound therein not to exceed 1,135,000 acre-feet of water and to divert and use not to exceed 210,000 acre-feet of water per annum for municipal, mining, industrial, and irrigation purposes in the owner's service area. Applicant is also the owner of Certificate of Adjudication No. 08-4976, as amended, which authorizes the owner to maintain an existing dam and reservoir (Cedar Creek Reservoir) on Cedar Creek, tributary of the Trinity River, to impound therein not to exceed 678,900 acre-feet of water and to divert and use not to exceed 175,000 acre- feet of water per annum for municipal, mining, industrial, and irrigation purposes in the owner's service area. TRWD seeks authorization to divert historic and future return flows of water from the Trinity River. Those return flows would be attributable to water first stored in TRWD reservoirs under its existing water rights. The return flows of water would be diverted into off- channel, wetland impoundments to be constructed and used for water quality treatment purposes, and from these wetland impoundments water would be delivered into Richland-Chambers and Cedar Creek Reservoirs to supplement natural inflows to those reservoirs. The applicant indicates that water will be introduced from the constructed wetland impoundments into its water supply reservoirs up to an amount sufficient to increase the water supply-yields of Richland- Chambers Reservoir by 63,000 acre-feet per annum, and that of Cedar Creek Reservoir by 52,500 acre-feet per annum. The resulting increases in water-supply yields from these reservoirs will be diverted and used for those purposes authorized by the water rights within Certificates of Adjudication No. 08-5035, and No. 08-4976, held by the applicant. The applicant indicates that diversions of return water from the Trinity River into the constructed wetland impoundments and subsequently into the water-supply reservoirs will result in a maximum combined evaporative loss of 14,154 acre-feet per annum. TRWD's applications propose to limit total diversions at the Trinity River diversion locations to 70 percent of the TRWD's calculated return flows at the time of diversion. The applicant indicates that the project authorized by the proposed amendments will be developed pursuant to a supportive Memorandum of Understanding previously entered between TRWD and the Texas Parks and Wildlife Department, based upon a determination that the project should result in added benefits to the fish and wildlife resources of the state of Texas. The Executive Director may recommend specific special conditions in the amendment such as restrictions on diversions based on stream flow, for protection of instream uses and aquatic habitat. Applicant seeks to amend Certificate of Adjudication No. 08-5035, as amended, to 1) divert return flows from the Trinity River to an off-channel wetland impoundment to be constructed for water-quality treatment purposes in an area within a larger tract of land being 4,769.99 acres within the bounds of the Richland Creek Wildlife Management Area, adjacent to and east of Carroll Lake, adjacent to and northeast of Alligator Creek, and west of the Trinity River, in Navarro and Freestone Counties, which shall have a surface area of approximately 2,000 acres with an average depth of 1.5 feet (3,000 acre-feet storage capacity) when completed, with an estimated evaporative loss of 7449 acre-feet per year, with construction and maintenance of berms and levees to exclude impoundment of streams within the constructed wetland impoundment, and with access and use by TRWD to the constructed wetlands area granted by the Texas General Land Office on State Parks Land (Miscellaneous Easement No. 970061); 2) increase the authorized annual diversion amount from Richland-Chambers Reservoir by 63,000 acre-feet of water per annum for municipal, mining, irrigation, and industrial purposes; 3) add two diversion points: Point 1 is on the Trinity River at Latitude 32.032 degrees N and Longitude 96.069 degrees W, with a maximum diversion not to exceed 105,019 acre-feet of water per annum at a maximum rate of 174.05 cfs (78,114 gpm) and Point 2 is on Alligator Creek at Latitude 31.976 degrees N and Longitude 96.096 degress W, with a maximum diversion amount equal to the amount of water placed in Alligator Creek for conveyance; 4) authorize the use of a two-mile segment of the bed and banks of Alligator Creek to convey water from the constructed wetlands impoundment not to exceed 11,398 acre-feet of water per month in any given month, and not to exceed 100,465 acre feet per year at a discharge rate not to exceed 192 cubic feet per second (86,170 gallons per minute) for storage in Richland-Chambers Reservoir, the northern most discharge point from the wetlands complex into Alligator Creek being Latitude 32.005 degree N and Longitude 96.090 degrees W; and 5) discharge the water conveyed through Alligator Creek from the constructed wetlands impoundment into the perimeter of Richland- Chambers Reservoir in an amount not to exceed 100,465 acre-feet per annum for storage in Richland-Chambers Reservoir, and for subsequent diversion and use. Applicant seeks to amend Certificate of Adjudication No. 08-4976, as amended, to 1) divert return flows from the Trinity River to an off-channel wetlands area to be constructed for water-quality treatment, in an area north of the Trinity River and southwest of Cedar Creek Reservoir, in Henderson County, which shall have a surface area of approximately 1,800 acres with an average depth of 1.5 feet (2,700 acre-feet storage capacity) when completed, with an estimated evaporative loss of 6,705 acre-feet per year, with construction and maintenance of berms and levees to exclude impoundment of streams within the constructed wetlands area, and with ownership by TRWD of land tracts where the constructed wetlands area is located being provided by Henderson County Deed Records; 2) transfer the diverted water from the constructed wetlands impoundment to Cedar Creek Reservoir for storage and subsequent diversion and use; 3) increase the authorized annual diversion amount from Cedar Creek Reservoir by 52,500 acre-feet of water per annum for municipal and industrial purposes; 4) authorize one additional diversion point on the Trinity River located at Latitude 32.214 degrees N and Longitude 96.151 degrees W upstream of the confluence of the Cedar Creek outlet channel with the Trinity River, with a maximum diversion not to exceed 90,799 acre-feet of water per annum at a maximum rate of 156.5 cfs (70,300 gpm); and 5) discharge water at the perimeter of Cedar Creek Reservoir in an amount not to exceed 88,059 acre-feet per annum for storage and subsequent diversion and use. The applicant indicates that it may invoke the special conditions related to subordination expressed in Certificates of Adjudication No. 08-4261 and 08-4248 for Lakes Livingston and Wallisville to support the applications and proposed diversions. TRWD submitted Amendment Applications No. 08-4976C and No. 08-5035C on November 30, 1998. Additional information and fees were received on July 19, 2000, July 24, 2000 and September 6, 2000. The applications were declared administratively complete on September 7, 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 applications. The TNRCC may grant a contested case hearing on these applications 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 applications 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-200201715

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 19, 2002

On March 12, 2002, USCom Telephone, 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 60244. Applicant intends to remove the resale-only restriction.

The Application: Application of USCom Telephone, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 25574.

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 April 3, 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 25574.

TRD-200201577

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 13, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on March 11, 2002, for a certificate of convenience and necessity for a proposed transmission line in Galveston County, Texas.

Docket Style and Number: Application of Texas-New Mexico Power Company (TNMP) for a Certificate of Convenience and Necessity for a Proposed Transmission Line in Galveston County, Texas. Docket Number 25567.

The Application: At the request of Marathon Ashland Petroleum LLC, TNMP proposes to construct two new single-circuit 69-kilovolt (kV) transmission lines in Galveston County, Texas to provide dual electric sources to a proposed facility within the Marathon Refinery. The proposed transmission lines will enter the facility from the north and south and will be approximately 0.3 and 0.2 miles long, respectively. Transmission line poles will be spun concrete, single-pole structures, located within an approximately 35 to 40 foot wide right of way.

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

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

TRD-200201583

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 14, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on March 14, 2002, for a certificate of convenience and necessity for two 69-kV transmission lines for the Valero Refinery located in Galveston County, Texas.

Docket Style and Number: Application of Texas-New Mexico Power Company (TNMP) for a Certificate of Convenience and Necessity for Two 69-kV Transmission Lines for the Valero Refinery Located in Galveston County, Texas. Docket Number 25601.

The Application: The proposed transmission lines will be for single and double circuit 69- kV lines on spun concrete and steel, single-pole structures and are intended to provide dual electrical sources to the proposed Valero Coker Facility within the Valero Refinery. The proposed transmission lines will enter the facility from the south and north and will be approximately 1.6 and 1.3 miles long, respectively. The proposed lines will be located within approximately 35- to 40-foot (ft) wide right-of-way (ROW) for the south route and a 50-60 ft ROW for the north route, depending on structure type and location.

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

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

TRD-200201730

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 20, 2002

The staff of the Public Utility Commission of Texas (commission) will hold a workshop concerning planning reserve margin requirements on Thursday, April 11, 2002, at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. This workshop was previously scheduled for March 22, 2002. Project Number 24255, Rulemaking Concerning Planning Reserve Margin Requirements , was established for the purpose of establishing a minimum planning reserve margin level and a mechanism for maintaining that level. At the workshop, commission staff will seek comment on the appropriate level for the reserve margin and the type of mechanism, such as ICAP, ACAP, or Call Option, that should be implemented in order to achieve the desired reserve margin level.

Five days prior to the workshop the commission will make available in Central Records under Project Numbers 24255 an agenda for the format of the workshop. Questions concerning the workshop or this notice should be referred to Richard Greffe, Market Oversight Division, (512) 936-7404. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200201613

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 14, 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. doing business as Sprint Application for Approval of LRIC Study for Local Exchange, General Exchange, and IntraLATA Services Pursuant to P.U.C. Substantive Rule §26.214 on or after March 22, 2002, Docket Number 25586.

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 25586. 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-200201609

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 14, 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 doing business as Sprint Application for Approval of LRIC Study for Local Exchange, General Exchange, and IntraLATA Services Pursuant to P.U.C. Substantive Rule §26.214 on or after March 22, 2002, Docket Number 25587.

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 25587. 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-200201610

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 14, 2002

On March 13, 2002, XIT Rural Telephone Cooperative, Inc. and XIT Telecommunication & Technology, Ltd., 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 25588. 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 25588. 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 April 15, 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 25588.

TRD-200201611

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 14, 2002

On March 14, 2002, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Metro Teleconnect Companies, Inc. doing business as Metro Teleconnect, 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 25594. 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 25594. 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 April 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this 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 25594.

TRD-200201641

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 15, 2002

On March 14, 2002, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and USCom Telephone, 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 25595. 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 25595. 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 April 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this 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 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 25595.

TRD-200201642

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 15, 2002

On March 14, 2002, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Delta Phones, 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 25596. 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 25596. 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 April 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this 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 25596.

TRD-200201643

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 15, 2002

On March 14, 2002, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and A-Tech Telecom, 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 25598. 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 25598. 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 April 16, 2002, and shall include:

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

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

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

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

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

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

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

Persons with questions about this 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 25598.

TRD-200201644

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 15, 2002

The Staff of the Public Utility Commission of Texas (staff) will hold a workshop regarding procedural rules relating to the formal and informal resolution of disputes involving telecommunications providers, on Monday, April 15, 2002, at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 25599, PUC Proceeding to Examine Procedural Rules Relating to the Formal and Informal Resolution of Disputes Involving Telecommunications Provider, Including PUC Procedural Rules P, Q, and R, has been established for this proceeding. The staff intends to discuss procedures used in telecommunications proceedings, including arbitrations, post-interconnection dispute resolutions and proceedings such as Project Number 20400, Section 271 Compliance Monitoring of Southwestern Bell Telephone Company of Texas . Staff may choose to request written comments from interested parties at a later date; however, at this time no comments are necessary.

The parties' input at the workshop will assist the staff in determining the necessity for a related rulemaking regarding the revision of P.U.C. Procedural Rules, Subchapters P, Q, and R.

On April 8, 2002, staff shall make available in Central Records under Project Number 25599 an agenda for the format of the workshop.

Staff requests that persons planning on attending the workshop register by phone with Isabel Herrera, Policy Development Division, at (512) 936-7205.

Questions concerning the workshop or this notice should be referred to Darrell Guthrie, Director, Telecommunications Policy Analysis, Policy Development Division, (512) 936-7214. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200201713

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 19, 2002

General Description:

The Texas Rehabilitation Commission (TRC) is requesting proposals for the establishment of a Center or Independent Living (CIL) to provide comprehensive services for independent living to individuals and/or groups of individuals with significant disabilities. The specific services to be provided will primarily be determined by each applicant in order to allow the organization to propose those services that are most needed in the particular area to be served. It is intended that the services provided are not to be duplicative of services already being provided in the community by other agencies or organizations. Rather, the services should be unique so as to be a resource for those individuals whose needs could otherwise not be met. The required services by the Center for Independent Living should be at least: Counseling and advocacy services with respect to legal and economic rights and benefits, Peer counseling, Independent living skills training, and Information and referral. One site in Randall, Potter County will be funded from the date of award: September 1, 2002 through August 31, 2003. An award of $105,669 will be available to the applicant selected.

Eligibility Requirements:

Proposals will be accepted from non-residential, private non-profit organizations in Potter, Randall County that demonstrate the ability to: meet the needs of Independent Living by targeting and expanding services to underserved and unserved populations, including minority populations with disabilities, and individuals with the most significant disabilities; foster interagency collaboration and coordination of resources at the local level and generate and maintain community support; develop, implement, and sustain a plan of operation that shows commitment and willingness to improve independent living services through innovation and expansion of services to qualified clients; provide effective management, organization, and fiscal accountability; and prepare and adhere to a budget adequate to support the Center activities and costs that are reasonable in relation to project activities.

Applicant Services:

These funds will be used for activities that provide and support direct client services.

Selection Criteria:

Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TRC will base its selection on, among other things, the demonstrated competence and qualifications of the proposer and upon the reasonableness of the proposed objectives. The TRC reserves the right to select from the highest ranking proposals that address all requirements in the RFP and are most advantageous to the agency.

Proposal Process:

Organizations interested in applying for these awards must contact the Texas Rehabilitation Regional Office for copies of the Proposal packet: Terri Frazier, (806) 762-0375, Texas Rehabilitation Commission, #1 Briercroft Office Park, Lubbock, Texas 79412.

Further information containing requirements and format of the proposal will be forwarded to the applicant. Questions regarding this RFP should be directed to either John Wooley (512) 424-4438 or Terri Frazier (806) 762-0375. It is highly advised that any applicant that applies for these funds also submit an application for the Direct Client Services RFP.

Deadline: May 13, 2002

The proposal must be addressed to: Texas Rehabilitation Commission, Attention: John Wooley, Grants and Contracts, 4900 North Lamar, Austin, TX 78751.

Proposals must be received prior to 5 p.m. on May 13, 2002.

TRD-200201651

Sylvia F. Hardman

Deputy Commissioner for Legal Services

Texas Rehabilitation Commission

Filed: March 15, 2002

General Description:

The Texas Rehabilitation Commission (TRC) is requesting proposals for the establishment of a Direct Client Services Program operated under the auspices of a Center for Independent Living (CIL) to provide comprehensive services for independent living to individuals and/or groups of individuals with significant disabilities. The specific services to be provided will primarily be determined by each applicant in order to allow the organization to propose those services that are most needed in the particular area to be served. It is intended that the services be provided to consumers with significant disabilities. These services can be provided directly by the CIL or be contracted from services already being provided in the community by other agencies or organizations. Such contracts would improve the access of persons with disabilities to services that would enhance their ability to live independently. The Rehabilitation Act of 1973 as amended provides a broad general description of services that are permissible under this grant. The services should be planned to target the unique needs of individuals with disabilities so as to be a resource for those individuals whose needs could otherwise not be met. The required services by this grant should at least address one or more of the core service areas: Counseling and advocacy services with respect to legal and economic rights and benefits, Peer counseling, Independent living skills training, and Information and referral. One site in Lubbock County will be funded from the date of award: October 1, 2002 through August 31, 2003. An award of $15,000 will be available to the applicant selected.

Eligibility Requirements:

Proposals will be accepted from non-residential, private non-profit organizations in Lubbock County that demonstrate the ability to: meet the needs of Independent Living by targeting and expanding services to underserved and unserved populations, including minority populations with disabilities, and individuals with the most significant disabilities; foster interagency collaboration and coordination of resources at the local level and generate and maintain community support; develop, implement, and sustain a plan of operation that shows commitment and willingness to improve independent living services through innovation and expansion of services to qualified clients; provide effective management, organization, and fiscal accountability; and prepare and adhere to a budget adequate to support the Center activities and costs that are reasonable in relation to project activities.

Applicant Services:

These funds will be used for activities that provide direct client services.

Selection Criteria:

Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TRC will base its selection on, among other things, the demonstrated competence and qualifications of the proposer and upon the reasonableness of the proposed objectives. The TRC reserves the right to select from the highest ranking proposals that address all requirements in the RFP and are most advantageous to the agency.

Proposal Process:

Organizations interested in applying for these awards must contact the Texas Rehabilitation Regional Office for copies of the Proposal packet: Terri Frazier, (806) 762-0375, Texas Rehabilitation Commission, #1 Briercroft Office Park, Lubbock, Texas 79412.

Further information containing requirements and format of the proposal will be forwarded to the applicant. Questions regarding this RFP should be directed to either John Wooley (512) 424-4438 or Terri Frazier (806) 762-0375. It is highly advised that any applicant that applies for these funds also submit an application for the Center for Independent Living RFP.

Deadline: May 13, 2002

The proposal must be addressed to: Texas Rehabilitation Commission, Attention: John Wooley, Grants and Contracts, 4900 North Lamar, Austin, TX 78751.

Proposals must be received prior to 5 p.m. on May 13, 2002.

TRD-200201654

Sylvia F. Hardman

Deputy Commissioner for Legal Services

Texas Rehabilitation Commission

Filed: March 15, 2002

General Description:

The Texas Rehabilitation Commission (TRC) is requesting proposals for the establishment of a Direct Client Services Program operated under the auspices of a Center for Independent Living (CIL) to provide comprehensive services for independent living to individuals and/or groups of individuals with significant disabilities. The specific services to be provided will primarily be determined by each applicant in order to allow the organization to propose those services that are most needed in the particular area to be served. It is intended that the services be provided to consumers with significant disabilities. These services can be provided directly by the CIL or be contracted from services already being provided in the community by other agencies or organizations. Such contracts would improve the access of persons with disabilities to services that would enhance their ability to live independently. The Rehabilitation Act of 1973 as amended provides a broad general description of services that are permissible under this grant. The services should be planned to target the unique needs of individuals with disabilities so as to be a resource for those individuals whose needs could otherwise not be met. The required services by this grant should at least address one or more of the core service areas: Counseling and advocacy services with respect to legal and economic rights and benefits, Peer counseling, Independent living skills training, and Information and referral. One site in Randall, Potter County will be funded from the date of award: October 1, 2002 through August 31, 2003. An award of $15,000 will be available to the applicant selected.

Eligibility Requirements:

Proposals will be accepted from non-residential, private non-profit organizations in Potter, Randall County that demonstrate the ability to: meet the needs of Independent Living by targeting and expanding services to underserved and unserved populations, including minority populations with disabilities, and individuals with the most significant disabilities; foster interagency collaboration and coordination of resources at the local level and generate and maintain community support; develop, implement, and sustain a plan of operation that shows commitment and willingness to improve independent living services through innovation and expansion of services to qualified clients; provide effective management, organization, and fiscal accountability; and prepare and adhere to a budget adequate to support the Center activities and costs that are reasonable in relation to project activities.

Applicant Services:

These funds will be used for activities that provide direct client services.

Selection Criteria:

Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TRC will base its selection on, among other things, the demonstrated competence and qualifications of the proposer and upon the reasonableness of the proposed objectives. The TRC reserves the right to select from the highest ranking proposals that address all requirements in the RFP and are most advantageous to the agency.

Proposal Process:

Organizations interested in applying for these awards must contact the Texas Rehabilitation Regional Office for copies of the Proposal packet: Terri Frazier, (806) 762-0375, Texas Rehabilitation Commission, #1 Briercroft Office Park, Lubbock, Texas 79412.

Further information containing requirements and format of the proposal will be forwarded to the applicant. Questions regarding this RFP should be directed to either John Wooley (512) 424-4438 or Terri Frazier (806) 762-0375. It is highly advised that any applicant that applies for these funds also submit an application for the Center for Independent Living RFP.

Deadline: May 13, 2002

The proposal must be addressed to: Texas Rehabilitation Commission, Attention: John Wooley, Grants and Contracts, 4900 North Lamar, Austin, TX 78751.

Proposals must be received prior to 5 p.m. on May 13, 2002.

TRD-200201653

Sylvia F. Hardman

Deputy Commissioner for Legal Services

Texas Rehabilitation Commission

Filed: March 15, 2002

The Texas Workers' Compensation Commission adopted amendments to 28 TAC §180.1 and §180.7 and new §180.2 and §§180.20-180.27, concerning Monitoring and Enforcement. The rules appeared in the March 8, 2002, issue of the Texas Register (27 TexReg 1817).

The Chapter heading "Monitoring and Enforcement" was incorrectly published as "Compliance and Practices". That was the heading before the chapter was amended.

In §180.1 Definitions, page 1866, paragraphs §§180.1(3), 180.1(4), 180.1(5), and 180.1(20) the words "statutes" and "rules" should be capitalized as "Statutes" and "Rules".

In §180.2 Referrals, page 1868, the colon was omitted following the word "commission". The section should read as follows. "Any person may make a referral to the commission: for fraudulent acts or omissions by any system participant; for failure of a heal care provider to provide reasonable and necessary health care; for failure of an insurance carrier to ensure that all an only reasonable an necessary health care is approved and reimbursed in accordance with the Statute and Rules; or for other violations of the Statue or Rules by any system participant."

In §180.20 Commission Approved Doctor List , page 1869, the words "statute and rules" should be capitalized as "Statute and Rules". The term "restrictions" should read "restriction(s)" and the term "conditions" should read "condition(s)".

In §180.21 Commission Designated Doctor List, page 1871, the words "statute and rules" should be capitalized as "Statute and Rules". In subsection §180.21(k)(7) the reference to subsection (f) is incorrect. It should read, "(7) any of the factors listed in subsection (g)...."

In §180.22 Health Care Provider Roles and Responsibilities, page 1872, the words "statute and rules" should be capitalized as "Statutes and Rules". The subparagraphs (A) and (B) under §180.22(c)(4) should end with semicolons, and the word "and" should follow the semicolon at the end of (B)."

In §180.22(d)(5), the word "injured" should be deleted.

In §180.22(h), the "$" should be a "§" symbol. The last sentence should read as follows, "The qualifications and responsibilities of a designated doctor are governed by §180.21 of this title (relating to Commission Designated Doctor List) and other Rules providing for use of a designated doctor."

In §180.23 Commission Required Training for Doctors/Certification Levels, page 1873, the term "injured" should be deleted from subsection (c)(1)(A) and from subsection (i). The words "statute" and "rules" should be capitalized.

In §180.24 Financial Disclosure, page 1875, the words "statute and rules" should be capitalized.

In §180.25 Improper Inducements, Influence and Threats, the words "statute and rules" should be capitalized.

In §180.26 Doctor and Insurance Carrier Sanctions, Page 1876, the words "statutes and rules" should be capitalized.

In §180.26(c)(2), the word "rules" should read "regulations".

In §180.26(c)(4)(G), "MMI" should be changed to read "maximum medical improvement (MMI)..."

In §180.26(e)(3), "sanction(s) were" should read "sanction(s) was".

In §180.26(f), "DDL" should read "designated doctor list (DDL)"

In §180.26(h), the word "include" should be followed by a comma. Paragraph (4) should read, "(4) deletion or suspension from the ADL and/or DDL:" In paragraph (6), the words "Act and rules should be changed to read "Statute and Rules".

In §180.27 Sanctions Process/Appeals/Restoration/Reinstatement, page 1879, the "1" printed at the very end of this rule should be deleted.

TRD-200201745