TITLE in-addition

Texas Department on Aging

Notification of Available Funding: Request for Proposals

The Texas Department on Aging (TDoA) is awarding grants to higher education institutions to develop strategies or projects designed to help communities meet the ATW Benchmarks established by the Older American's Act. Higher education institutions have resources -- such as knowledge, expertise and facilities -- that communities can use in implementing capacity building strategies or projects. Examples of potential strategies or projects include developing training curricula, video, manuals, and public information campaigns.

TDoA is soliciting proposals for a one time only grant to higher education institutions in the amount of $10,000. The application deadline is June 14, 2002, and awards will be made on July 5, 2002. The duration of the project is 12 months with final deliverables due on July 5, 2003.

The full RFP and application materials can be found on the TDoA website at http://www.tdoa.state.tx.us under Announcements, News, and Opportunities/Funding.

Questions regarding this notice should be directed to: Beth Stalvey at (512) 424-6871 or beth.stalvey@tdoa.state.tx.us.

TRD-200202494

Gary Jessee

Director of the Office of AAA Support and Operations

Texas Department on Aging

Filed: April 23, 2002


Office of the Attorney General

Texas Clean Air Act, Texas Health and Safety Code and Texas Water Code Settlement Notice

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

Case Title and Court: Harris County, Texas, and the State of Texas, et al. v. CommTex Corp. and Reliant Energy Resources Corp., d/b/a Reliant Energy Entex, Cause No. 2001-28047, 269th District Court of Harris County, Texas

Nature of Defendant's Operations: Defendant Reliant Energy Resources Corp., d/b/a Reliant Energy Entex (Reliant) is engaged in the production, distribution, and sale of natural gas. Defendant CommTex provides utility trenching and utility line installation service. Defendant CommTex struck a natural gas pipeline owned by Defendant Reliant in the process of digging a trench. Defendants caused the discharge of air contaminants from a natural gas pipeline in a concentration and duration such as to adversely affect vegetation and property.

Proposed Agreed Judgment: The agreed judgment provides for a partial settlement wherein Defendant Reliant has provided written notice to area contractors and made a monetary contribution of $1,500.00 to the Texas Underground Facilities Notification Corporation to support and improve the Texas One Call System. Defendant Reliant agreed to pay $1,000.00 in civil penalties, to be split equally between the State of Texas and Harris County; $1, 500.00 in attorney's fees, to be split equally between the State of Texas and Harris County; and court costs of $83.00.

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

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

TRD-200202496

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: April 23, 2002


Texas Solid Waste Disposal Act and the Texas Water Code Settlement Notice

The State of Texas hereby gives notice of the proposed resolution of an environmental enforcement lawsuit brought pursuant to the Texas Solid Waste Disposal Act and the Texas Water Code. Before the State may settle a judicial enforcement action, pursuant to Section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Law.

Case Title and Court: Harris County, Texas, and the State of Texas, by and through the Texas Natural Resource Conservation Commission, a Necessary and Indispensable Party v. Perry Don Hardy; No. 2001-20919 in the 333rd Judicial District, Harris County, Texas.

Nature of Defendant's Operations: This suit concerns disposal of municipal solid wastes on a county right-of-way adjacent to property owned by Defendant Perry Don Hardy at 14634 Greenville, Harris County, Texas (the Property). The suit further concerns illegal outdoor burning on the Property.

Proposed Agreed Judgment: The proposed Agreed Final Judgment settles all of the claims in the suit. The Agreed Final Judgment requires Defendant to pay $1,000.00 in civil penalties.

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

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

TRD-200202511

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: April 23, 2002


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were received for the following projects(s) during the period of April 12, 2002, through April 18, 2002. The public comment period for these projects will close at 5:00 p.m. on May 24, 2002.

FEDERAL AGENCY ACTIONS: Applicant: Neumin Production Company; Location: The project is located in San Antonio Bay, approximately 3 miles southeast of False Live Oak Point, Calhoun, County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Mesquite Bay, Texas. Approximate UTM Coordinates: Zone 14; Easting: 720467; Northing: 3121373. Project Description: The applicant requests an amendment to add State Tract (ST) 89 to the permit area and to extend the period of time for doing work under this permit. The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities in ST 89 as authorized under permit 14492(04). Such activities include installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines. CCC Project No.: 02-0105-F1; Type of Application: U.S.A.C.E. permit application #14492(05) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). 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: Robbie Gregory; Location: The project is located on the shoreline of San Antonio Bay, south of the intersection of Bay Avenue and Pine Street and eastward to the Seadrift drainage ditch in Seadrift, Calhoun, County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Seadrift, Texas. Approximate UTM Coordinates: Zone 14; Easting: 724300; Northing: 3144250. Project Description: The applicant proposes to stabilize 487.5 feet of bluff shoreline by constructing a rock breakwater using 361 cubic yards of 6- to 12-inch rock riprap material. A total of 7,772 square feet of saltmarsh wetland area will be backfilled with approximately 63 cubic yards of clean fill in order to straighten the shoreline prior to stabilization. Dominant wetland vegetation at the site consists of smooth cordgrass, big cordgrass, sea ox-eye daisy, alkalai bulrush, marsh elder, and Carolina wolfberry. The purpose of the project is to reduce wave erosion and stabilize the bluff shoreline so the property can be further developed for residential housing. As mitigation for the project impacts, the applicant proposes to scrap approximately 10,000 square feet of uplands down to -0.5 feet mean seal level for planting of smooth cordgrass. Excavated material will be placed in an upland site owned by Calhoun County. CCC Project No.: 02-0106-F1; Type of Application: U.S.A.C.E. permit application #22563 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Sunbird Bay Development, LP; Location: The project is located on the west end of Galveston Island, approximately 16 miles west of 61st Street, east of Sea Isle and north of FM 3005, in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Sea Isle, Texas. Approximate UTM Coordinates: Zone 15; Easting: 302340; Northing: 3226003. Project Description: The applicant proposes to construct a 250-slip marina, an access channel to West Galveston Bay, and a subdivision on this 210-acre site. The project plans call for 7.07 acres of wetlands to be filled, 1.27 acres of wetlands to be excavated, and 6 acres of wetlands to be preserved. The applicant proposes to hydraulically dredge 27,000 cubic yards of material from the access channel. The dredged material will be placed in a proposed disposal site adjacent to the proposed marina. The applicant plans to mechanically excavate 112,000 cubic yards of material to create a marina, and use this material throughout the project area. The applicant proposes to mitigate for these impacts by creating 11.45 acres of wetland fringe around the existing ponds, creating 7.23 acres of open water ponds and wetland fringe, and creating 5.31 acres of wetland fringe adjacent to the existing wetland fringe. The total mitigation proposal is 23.99 acres. There is a 266-acre wetland fringe located north of this property, owned by Texas A&M University, that will not be impacted by the proposal other than through the construction of walkways over that wetland. CCC Project No.: 02-0107-F1; Type of Application: U.S.A.C.E. permit application #22607 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: United Oil & Minerals, LP; Location: The project is located in State Tract 163 in Aransas Bay, approximately 3.25 miles east of Rockport, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled St. Charles Bay, SW, Texas. Approximate UTM Coordinates: Zone 14; Easting: 697900; Northing: 3100850. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities in order to drill Well No. 1 in ST 163. Approximately 4,500 cubic yards of shell, crushed rock, or washed gravel will be used as a base for the drilling rig and production facility. The base will cover approximately 27,000 square feet of deep (approximately -9.0 feet MLT), open bay bottom. No dredging will be required to access the site. In addition, the applicant will install a 4-inch flowline from the well to an existing production platform in ST 154. The proposed flowline will be 9,909 feet long and installed by jetting, disking, or plowing to a minimum depth of 3 feet below the bay bottom. Approximately 2,202 cubic yards of sand, silt, and clay will be displaced during the installation. No wetlands, seagrasses, or oysters are reported along the flowline route. CCC Project No.: 02-0108-F1; Type of Application: U.S.A.C.E. permit application #22637 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: Lailah Suki; Location: The project is at 1309 Todville Road in Seabrook, Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled League City, Texas. Approximate UTM Coordinates: Zone 15; Easting: 304791; Northing: 3271300. Project Description: The applicant proposes to fill approximately 0.5-acre of adjacent wetlands to construct single-family residences. Approximately 2,000 to 4,000 cubic yards of clean dirt and/or sand will be required as fill for the proposed work. The project site, approximately 0.8-acre, is bounded on all sides by existing roads. The existing on-site wetland is a 0.5-acre depression. It is primarily vegetated with sea ox-eye daisy (Borrichia frutescens), seashore saltgrass (Distichlis spicata), saltmeadow cordgrass (Spartina patens), and coastal water-hyssop (Bacopa monnieri). As compensation for the wetland impacts, the applicant proposes to provide an appropriate in-lieu-fee to The Nature Conservancy (TNC). The fee will be used to help fund a project designed to enhance existing wetlands, create new wetlands, and restore the natural hydrology on TNC's 65-acre Seawall Tract, located within the Texas City Prairie Preserve in Texas City, Galveston County, Texas. CCC Project No.: 02-0109-F1; Type of Application: U.S.A.C.E. permit application #22649 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Texas Department of Transportation; Location: The project is located along State Highway (SH) 87 from the Bolivar Ferry Landing to Loop 108 in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Galveston, Texas. Approximate UTM Coordinates: Zone 15; Easting: 328655; Northing: 3249452. Project Description: The applicant proposes to regrade a ditch and install a culvert with a check valve for the purpose of reestablishing drainage along SH 87 and the Bolivar Ferry Landing Staging Area. The applicant also proposes to construct a 1,900-foot rock revetment to prevent erosion of SH 87, and construct a 1,900-foot breakwater to facilitate the creation of a mitigation area. No additional right-of-way will be required. The proposed ditch regrading and culvert installation would permanently impact 0.575-acre of wetlands and 0.015-acre of open water. In addition to the proposed impacts resulting from the ditch regrading, the proposed rock revetment would permanently impact a total of 1.364 acres of jurisdictional area and 0.411-acre of adjacent wetlands. The applicant proposes to mitigate for the proposed impacts within Galveston Bay approximately 175 feet south of SH 87, between the Bolivar Ferry Landing and Loop 108. The mitigation would involve the construction of a breakwater that would facilitate the creation of a 5.82-acre mitigation area between the proposed rock revetment and breakwater. The breakwater would function to dissipate wave energy from wind and currents that could cause erosion of the proposed mitigation area and SH 87. The area between the proposed breakwater and proposed revetment would then be filled with dredge material hauled in by trucks or barges from Placement Area Number 42 located on John Wayne Road, at Loop 108, in Bolivar, Texas. The dredge material makeup is 20-30% sand, 60% silt, and 10-20% fine clay. The applicant proposes to fill the mitigation area with 28,802 cubic yards of dredge material to a target elevation of 2.11 feet and construct irregular channels within the mitigation area that connect with one of the four constructed openings in the breakwater. The applicant proposes to allow the mitigation area to revegetate naturally through natural seed banks in the area. CCC Project No.: 02-0110-F1; Type of Application: U.S.A.C.E. permit application #22536 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-200202531

Larry Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: April 24, 2002


Comptroller of Public Accounts

Notice of Contract Award

The State Council on Competitive Government (Council) announces this notice of contract award in connection with the Request for Proposals for Presort/Bar Code Mailing Services to assist participating state agencies with cost saving mail processing (RFP #138b). The Council announces that a contract is awarded as follows:

The notice of issuance of this RFP #138b was published in the Electronic State Business Daily on February 26, 2002.

National Presort Services, Inc., 5811 Berkman Dr., Suite A, Austin, TX 78723. The total contract amount is not to exceed $647,000.00.

The term of the contract is April 16, 2002 through April 30, 2005.

TRD-200202527

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: April 24, 2002


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 04/29/02 - 05/03/02 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 04/29/02 - 05/03/02 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200202522

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 24, 2002


Texas Department of Criminal Justice

Notice of Award

696-FD-2-B021 (Michael Unit Multiple Roof Replacement). Full Award.

Awarded Vendor: Roof Masters of America

357 Fontana Road, Monroe, La 71203

Awarded Amount: $1,480,000.00

Contract Number: 696-FD-2-3-C0188. Vendor is not a HUB Vendor.

TRD-200202520

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: April 24, 2002


Texas Department of Health

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Stork Southwestern Laboratories, Inc.

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Stork Southwestern Laboratories, Inc. (licensee-L05269) of Houston. A total penalty of $2,000 is proposed to be assessed to the licensee for alleged violations of 25 Texas Administrative Code, §§289.202 and 289.257.

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

TRD-200202519

Susan Steeg

General Counsel

Texas Department of Health

Filed: April 24, 2002


Texas Health and Human Services Commission

Public Hearing

The Health and Human Services Commission (HHSC) will conduct a public hearing to receive public comment on the development of the Health and Human Services Commission's Strategic Plan for Fiscal Years 2003-2007 . A draft of the strategic plan will be available on HHSC's WEB site (www.hhsc.state.tx.us) on or around May 10, 2002.

The public hearing is intended to provide the opportunity for public input and participation. Members of the public, clients of health and human service agencies, providers of services and other interested parties are encouraged to participate. Testimony and comments should focus on the mission and operation of the Health and Human Services Commission and on the draft of the strategic plan.

The hearing will be held on May 20, 2002 in Austin, TX, beginning at 9:30 a.m., Central Time, at the Brown Heatly Building, located at 4900 N. Lamar in public hearing rooms 1420 and 1430. Written comments may be submitted to the Health and Human Services Commission until May 23, 2002. Please address written comments to the attention of: Christy Fair, HHSC Planning, Evaluation & Research, 4900 North Lamar Blvd., 4th Floor, Austin, Texas 78751, Fax: 512-424-6590, email: Christy.Fair@hhsc.state.tx.us.

AGENDA

9:30 a.m.

I. Welcoming remarks and opening comments - Pat Devin, Associate Commissioner, HHSC Planning, Evaluation & Research

II. HHSC Strategic Directions - Christy Fair, HHSC Planner

III. Public Testimony

IV. Closing Comments

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Christy Fair at 512-424-6638 or Christy.Fair@hhsc.state.tx.us seven days prior to the hearing so that appropriate arrangements can be made.

TRD-200202530

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: April 24, 2002


Texas Department of Housing and Community Affairs

Texas Bootstrap Loan Program-FY 2002 Deadline Extension

I. Deadline Extension

The Texas Department of Housing and Community Affairs (the Department) published a notice of funding availability on March 29, 2002 for the Texas Bootstrap Loan Program. The deadline for submission of applications has been extended to 5:00 p.m. Friday, May 31, 2002 .

IV. Application Request and Submission:

(a) Applications can be obtained by written request, or by contacting the Department’s Office of Colonia Initiatives at the telephone number provided below. Applications are also available on the Department’s website at www.tdhca.state.tx.us. Applications sent by facsimile will not be accepted. For additional information, please contact Maria I. Cazares mcazares@tdhca.state.tx.us or Phyllis BuenRostro pbuenros@tdhca.state.tx.us with the Office of Colonia Initiatives at 1-800-462-4251.

(b) Applications must be mailed or hand delivered to:

Texas Department of Housing & Community Affairs

OFFICE OF COLONIA INITIATIVES

P.O. Box 13941, Capitol Station

Austin, Texas 78711-3941

Physical Address:

507 Sabine, Suite #400

Austin, Texas 78701

TRD-200202526

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 24, 2002


Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by AMERICAN SUMMIT INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home office is in Scottsdale, Arizona.

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

TRD-200202523

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 24, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by State Farm Mutual Automobile Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages of -17.4 to +124.6 by coverage, class, and territory. This overall rate change is +12.1%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by May 20, 2002.

TRD-200202470

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 22, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by State Farm Fire and Casualty Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages of -17.3 to +124.6 by coverage, class, and territory. This overall rate change is +20.2%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by May 20, 2002.

TRD-200202471

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 22, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Metropolitan Casualty Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages +2 to +82 by coverage and territory. The overall rate change is +9.6%

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by May 20, 2002.

TRD-200202472

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 22, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Metropolitan Property and Casualty Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting, by territory, flex percentages +46 for Bodily Injury, +39 for Property Damage, +37 for Uninsured Motorist, +50 for Uninsured Motorist Property Damage, +56 for Medical Payments, +82 for Personal Injury Protection, +108 for Comprehensive and +65 for Collision. The overall rate change is +21.1%

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by May 20, 2002.

TRD-200202473

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 22, 2002


Texas Lottery Commission

Instant Game 256 "Bingo"

1.0 Name and Style of Game.

A. The name of Instant Game No. 256 is "BINGO". The play style is "bingo".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 256 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 256.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: B01, B02, B03, B04, B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, and FREE.

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

Table 1 of this section Figure 1:16 TAC GAME NO. 256 - 1.2D

[graphic}

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

Table 2 of this section. Figure 2:16 TAC GAME NO. 256 - 1.2E

[graphic]

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

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

G. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $30.00, $50.00, $100, or $500.

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

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

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (256), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 124 within each pack. The format will be: 256-0000001-000.

L. Pack - A pack of "BINGO" Instant Game tickets contain 125 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 000 will be shown on the front of the pack; the back of ticket 124 will be revealed on the back of the pack. Every other book will reverse i.e., the back of ticket 000 will be shown on the front of the pack and the front of ticket 124 will be shown on the back of the pack.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BINGO" Instant Game No. 256 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose 130 (one hundred thirty) play symbols. The player must scratch off the "CALLER'S CARD" area to reveal (twenty-five) 25 Bingo Numbers and five (5) Bonus Numbers. The player must then mark all the Bingo Numbers on Cards 1 through 4 that match the Caller's Card. Each card has a corresponding prize box. If the player matches all bingo numbers in a complete horizontal, vertical, or diagonal line in a single card the player will win $2 in Card 1, $3 in Card 2, $5 in Card 3, or $10 in Card 4. If the player matches all bingo numbers in all four (4) corners in a single card the player will win $10 in Card 1, $20 in Card 2, $50 in Card 3, or $100 in Card 4. If the player matches all bingo numbers to make a complete "X" in a single card the player will win $100 in Card 1, $500 in Card 2, $1,000 in Card 3 or $25,000 in Card 4. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 130 (one hundred thirty) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 130 (one hundred thirty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 130 (one hundred thirty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 130 (one hundred thirty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. A ticket can win up to four (4) times.

B. Adjacent tickets in a pack will not have identical patterns.

C. There will never be more than one (1) win on a single Bingo Card.

D. No duplicate numbers will appear on the Caller's Card.

E. No duplicate numbers will appear on each individual Player's Card.

F. Each Player's Card on the same ticket must be unique.

G. Each Caller's Card will have a minimum of four (4) and a maximum of eight (8) numbers from each range per letter including the bonus numbers.

H. The number range used for each letter will be as follows: B: 01-15; I: 16-30; N: 31-45; G: 46-60; O: 61-75.

I. The 25 Callers Card numbers and five Bonus numbers will match 39 to 59 numbers per ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "BINGO" Instant Game prize of $2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "BINGO" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 20,332,375 tickets in the Instant Game No. 256. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 256- 4.0

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 256 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 256, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200202408

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 18, 2002


Instant Game 290 "Straight 8's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 290 is "STRAIGHT 8's". The play style is a "tic-tac-toe w/2x, 3x bonus symbol".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 290 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 290.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $3.00, $8.00, $16.00, $24.00, $100, $800, 2 TIMES, 3 TIMES, and NO BONUS.

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

Table 1 of this section Figure 1:16 TAC GAME NO. 290 - 1.2D

[graphic]

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

Table 2 of this section. Figure 2:16 TAC GAME NO. 290 - 1.2E

[graphic]

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

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $6.00, $8.00, $16.00, $24.00.

H. Mid-Tier Prize - A prize of $48.00, or $100.

I. High-Tier Prize - A prize of $800.

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

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (290), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 290-0000001-000.

L. Pack - A pack of "STRAIGHT 8's" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000 - 004 will be on the top page and tickets 005 - 009 will be on the next page and so forth with tickets 245 - 249 on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "STRAIGHT 8's" Instant Game No. 290 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "STRAIGHT 8's" Instant Game is determined once the latex on the ticket is scratched off to expose 11 (eleven) play symbols. If a player gets three (3) 8's in any one row, column, or diagonal, the player wins the prize in the Prize Box. If a player gets a 2x or 3x under the Bonus Box, the player wins double or triple the prize won. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 11 (eleven) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 11 (eleven) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 11 (eleven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 11 (eleven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No ticket will contain three (3) or more of a kind other than the 8 (eight) symbol.

C. Every ticket will contain at least four (4) 8's. The overall usage for the remaining play symbols will be approximately even.

2.3 Procedure for Claiming Prizes.

A. To claim a "STRAIGHT 8's" Instant Game prize of $1.00, $2.00, $3.00, $6.00, $8.00, $16.00, $24.00, $48.00, or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $48.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "STRAIGHT 8's" Instant Game prize of $800, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "STRAIGHT 8's" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "STRAIGHT 8's" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "STRAIGHT 8's" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 14,117,500 tickets in the Instant Game No. 290. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 290- 4.0

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 290 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 290, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200202409

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 18, 2002


Instant Game 305 "Cash Corral"

1.0 Name and Style of Game.

A. The name of Instant Game No. 305 is "CASH CORRAL". The play styles are "beat score, match 3, and quick $20".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 305 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 305.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, $30,000, BOOT SYMBOL, SADDLE SYMBOL, HAT SYMBOL, SPUR SYMBOL, HORSE SYMBOL, and STAR SYMBOL.

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

Table 1 of this section Figure 1:16 TAC GAME NO. 305 - 1.2D

[graphic]

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

Table 2 of this section. Figure 2:16 TAC GAME NO. 305 - 1.2E

[graphic]

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

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

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

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

I. High-Tier Prize - A prize of $30,000.

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

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (305), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 305-0000001-000.

L. Pack - A pack of "CASH CORRAL" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000-001 will be on the top page. Tickets 002-003 will be on the next page and so forth and ticket 248-249 will be on the last page. Please note that the books will be in an A - B configuration.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CASH CORRAL" Instant Game No. 305 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "CASH CORRAL" Instant Game is determined once the latex on the ticket is scratched off to expose 15 (fifteen) play symbols. In Game 1, if the player matches two (2) out of three (3) symbols, the player will win $20 instantly. In Game 2, if the player's YOUR NUMBER beats THEIR NUMBER in any one row across, the player will win the prize for that row. In Game 3, if the player matches three (3) like prize amounts, the player will win that prize. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 15 (fifteen) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 15 (fifteen) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 15 (fifteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 15 (fifteen) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No three (3) or more like non-winning prize symbol on a ticket.

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

D. In Game 1, there will never be three (3) like symbols.

E. In Game 2, there will be no ties between Your and Theirs in a row.

F. In Game 2, there will be no duplicate games on a ticket.

G. In Game 2, there will be no duplicate non-winning prize symbols on a ticket.

H. In Game 3, there will be no four (4) or more of a kind.

2.3 Procedure for Claiming Prizes.

A. To claim a "CASH CORRAL" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "CASH CORRAL" Instant Game prize of $30,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "CASH CORRAL" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 11,983,000 tickets in the Instant Game No. 305. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 305- 4.0

[graphic]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 305 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 305, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200202410

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 18, 2002


Texas Natural Resource Conservation Commission

Enforcement Orders

An agreed order was entered regarding Madanco Corporation dba Shopper's Mart #10 and dba Chevron's Food Mart, Docket No. 2000-1395-PST-E on April 15, 2002 assessing $12,900 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cougar Stop, Inc. dba Texas City Conoco, Docket No. 2000-1375-PST-E on April 15, 2002 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Lemanczyk, 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 Oscar Graham dba South Texas Wastewater Treatment, Docket No. 2001-0905-OSI-E on April 15, 2002 assessing $1,000 in administrative penalties with $200 deferred.

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

An agreed order was entered regarding Stallion Springs, Inc., Docket No. 2001-0271-PWS-E on April 15, 2002 assessing $1,563 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 United Galvanizing, Inc., Docket No. 2001-0515- AIR-E on April 15, 2002 assessing $10,080 in administrative penalties with $2,016 deferred.

Information concerning any aspect of this order may be obtained by contacting Carol Harkins, Enforcement Coordinator at (713) 767-3500, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Western Extrusions Corporation dba High Performance, Docket No. 2001-1227-AIR-E on April 15, 2002 assessing $2,250 in administrative penalties with $450 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 Harbor Grove Water Supply Corporation, Docket No. 2001-1068-PWS-E on April 15, 2002 assessing $2,251 in administrative penalties.

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 Aggregate Plant Products Co. dba Besser Appco, Docket No. 2001-0897-AIR-E on April 15, 2002 assessing $7,500 in administrative penalties with $1,500 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Motiva Enterprises, LLC dba Texas City Shell, Docket No. 2001-0593-PST-E on April 15, 2002 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Nolan Oil Company, Incorporated, Docket No. 2001- 1039-PST-E on April 15, 2002 assessing $3,000 in administrative penalties with $600 deferred.

Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at (409) 899-8781, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Oiltanking Beaumont Partners, LP, Docket No. 2001- 0858-AIR-E on April 15, 2002 assessing $11,619 in administrative penalties.

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

An agreed order was entered regarding Orange County Water Control and Improvement District No. 1, Docket No. 2000-0874-MWD-E on April 15, 2002 assessing $9,510 in administrative penalties with $1,902 deferred.

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 Sumrall Distributing Co., Inc., Docket No. 2001- 0943-PST-E on April 15, 2002 assessing $500 in administrative penalties with $100 deferred.

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

An agreed order was entered regarding Duke and Long Distributing Co. Inc. dba Everyday Stores #5209, Docket No. 2001-1135-PWS-E on April 15, 2002 assessing $2,813 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Subhash Jain, Enforcement Coordinator at (512) 239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Nico-Tyme Water Co-Op, Inc., Docket No. 2001- 0642-PWS-E on April 15, 2002 assessing $1,563 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Subhash Jain, Enforcement Coordinator at (512) 239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Terry Pearce, Docket No. 2001-0913-OSS-E on April 15, 2002 assessing $625 in administrative penalties with $125 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Gerberding, Enforcement Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RFK Enterprises, Inc. dba Food Spot #5, Docket No. 2001-0835-PST-E on April 15, 2002 assessing $8,500 in administrative penalties with $1,700 deferred.

Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at (409) 899-8781, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Wal-Mart Stores, Incorporated, Docket No. 2001- 0577-EAQ-E on April 15, 2002 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at (512) 339-2929, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Bonham , Docket No. 2001-0841-MSW-E on April 15, 2002 assessing $4,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Columbia Industries, Inc., Docket No. 2001-1216- AIR-E on April 15, 2002 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DSC Drilling Specialties Company LLC, Docket No. 2001-0773-AIR-E on April 15, 2002 assessing $5,500 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 AGP LC dba AGP Refineries LC, Docket No. 2001- 1225-AIR-E on April 15, 2002 assessing $3,750 in administrative penalties with $750 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 Cynthia Kovacevich dba Maryland Day Care & Preschool, Docket No. 2001-0923-PWS-E on April 15, 2002 assessing $1,250 in administrative penalties with $250 deferred.

Information concerning any aspect of this order may be obtained by contacting Michelle Harris, Enforcement Coordinator at (512) 239-0492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Shaukat R. Sunesara dba JR's Minute Maid, Docket No. 2001-0714-PST-E on April 15, 2002 assessing $9,900 in administrative penalties with $1,980 deferred.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (713) 767-3607, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Frontier Fuel Co., Docket No. 2001-1424-PST-E on April 15, 2002 assessing $2,000 in administrative penalties with $400 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 Davis Spring Properties, Ltd., Docket No. 2001- 1179-EAQ-E on April 15, 2002 assessing $5,625 in administrative penalties with $1,125 deferred.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at (512) 339-2929, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Coastal States Crude Gathering Company, Docket No. 2001-1055-AIR-E on April 15, 2002 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Midcoast Gas Services, Inc., Docket No. 2001-0511- AIR-E on April 15, 2002 assessing $12,500 in administrative penalties with $2,500 deferred.

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

An agreed order was entered regarding KCS Medallion Resources, Inc., Docket No. 2001- 1106-AIR-E on April 15, 2002 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KMCO, L.P., Docket No. 2001-0705-IHW-E on April 15, 2002 assessing $30,000 in administrative penalties.

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

An agreed order was entered regarding Harold J. Smith III, Docket No. 2001-1108-OSI-E on April 15, 2002 assessing $250 in administrative penalties with $50 deferred.

Information concerning any aspect of this order may be obtained by contacting David Van Soest, Enforcement Coordinator at (512) 239-0468, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gary Wrede and Basil Banister dba BBB Fertilizer Company, Docket No. 2001-0755-AIR-E on April 15, 2002 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Skeeter Products, Inc., Docket No. 2001-0986-AIR-E on April 15, 2002 assessing $1,875 in administrative penalties with $375 deferred.

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

An agreed order was entered regarding William Whatley dba Precision Commercial Plumbing, Inc., Docket No. 2001-0360-OSI-E on April 15, 2002 assessing $625 in administrative penalties with $125 deferred.

Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding O'Rourke Dist. Co. Inc., Docket No. 2001-0630- MSW-E on April 15, 2002 assessing $225 in administrative penalties with $45 deferred.

Information concerning any aspect of this order may be obtained by contacting Bill Davis, Enforcement Coordinator at (512) 239-6793, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gulf Coast Waste Disposal Authority, Docket No. 2001-0482-IWD-E on April 15, 2002 assessing $34,500 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 Groendyke Transport, Inc., Docket No. 2001-1380- PST-E on April 15, 2002 assessing $5,000 in administrative penalties with $1,000 deferred.

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

An agreed order was entered regarding Carrington Associates, Inc., Docket No. 2001-0566- PWS-E on April 17, 2002 assessing $7,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200202516

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 23, 2002


Notice of Intent to Delete the Gulf Metals Industries Site from the State Superfund State Registry

The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing a notice of intent to delete the Gulf Metals Industries state Superfund site (the site) from the state registry. The state registry is a list of state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The commission is proposing this deletion because the site has been accepted into the Voluntary Cleanup Program.

The site was originally proposed for listing on October 16, 1987 (12 TexReg 3858 - 3859). The site, including all land, structures, appurtenances, and other improvements, is approximately 16 acres located on Telean Street, northeast of the intersection of Mykawa Road and Almeda-Genoa Road, in Houston, Harris County, Texas. The site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The site is a former sand and gravel pit that was used for disposal of hazardous materials, including oily sludges, from the 1950s through 1967. From 1965 through 1967, the site was operated as a commercial landfill for the disposal of metal slag and other foundry debris, including furnace sand and refractory brick. Use of the site as a disposal facility stopped in 1981.

The site respondents have satisfied the requirements of the administrative order for the remedial investigation/feasibility study. The site has been accepted into the TNRCC Voluntary Cleanup Program and is therefore eligible for deletion from the state registry as provided by 30 Texas Administrative Code (TAC) §335.344(c).

In accordance with 30 TAC §335.344(b), the commission will hold a public meeting to receive comment on this proposed deletion. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held on June 4, 2002, at 7:00 p.m. at the Knights of Columbus Hall, 6320 Madden Lane (off Mykawa), Houston, Texas.

All persons desiring to make comments regarding the proposed deletion of the site may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., June 4, 2002, and should be sent in writing to Mr. Alonzo Arredondo, Project Manager, Remediation Division, Superfund Cleanup Section, MC-143, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087 or by facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on June 4, 2002.

A portion of the record for the site including documents pertinent to the executive director's proposed deletion is available for review during regular business hours at the Bracewell Branch Library, 10115 Kleckley Drive, Houston, Texas, telephone number (713) 948-9052. The complete public file may be obtained during regular business hours at TNRCC's Records Management Center, Building E, First Floor, located at 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-2463. Requests should be made as far in advance as possible.

For further information about the public meeting, please call Joe Shields at (800) 633-9363.

TRD-200202502

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 23, 2002


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 10, 2002 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 10, 2002 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: Arsh Enterprises Inc. dba Gastar II Store 077; DOCKET NUMBER: 2001- 1503-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0047950; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(1), (3), and (5), and THSC, §382.085(b), by failing to maintain a copy of the applicable California Air Resource Board Executive Order, maintain a record of maintenance conducted on any part of the Stage II equipment, and maintain a record of the results of the Stage II equipment; 30 TAC §115.244(1), (2), and (3), and THSC, §382.085(b), by failing to conduct the daily inspections for the Stage II vapor recovery system (VRS) and conduct monthly inspections of the components; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to successfully perform annual pressure decay testing; and 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one facility representative complete a TNRCC approved Stage II training course in the maintenance and operation of the Stage II VRS; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Bahrami Enterprises, L.L.C.; DOCKET NUMBER: 2001-1392-PST-E; IDENTIFIER: PST Facility Identification Number 0028086; LOCATION: Midlothian, Ellis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to ensure that the underground storage tank (UST) registration and self-certification form is fully and accurately completed and submitted; PENALTY: $800; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Bexar Metropolitan Water District Public Facility; DOCKET NUMBER: 2001- 0711-PWS-E; IDENTIFIER: Public Water Supply (PWS) Numbers 0070020, 0150045, 0150052, 0150054, 0150084, 0150120, 0150125, 0150171, 0150205, 0150249, 0150265, 0150270, 0150532, 0150534, 0460013, 0460228, and 1630039; LOCATION: Poteet, San Antonio, near Boerne, Bulverde, and near San Antonio; Atascosa, Bexar, Comal, and Medina Counties, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(A) and (F) and (3)(A) and (B), and THSC, §341.036, by failing to maintain a radius of 150 feet from the well location, secure a sanitary easement and extend the well casing 18 inches above the elevation of the finished door of the pump house, and submit well completion data; and 30 TAC §290.45(b)(1)(D)(i) - (v), and THSC, §341.0315, by failing to provide an adequate well capacity, provide adequate total storage capacity of 200 gallons per connection, provide an adequate service pump capacity of two gallons per minute (gpm) per connection, provide adequate elevated storage capacity, and provide emergency power at a minimum of 0.35 gpm per connection; PENALTY: $16,327; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233- 4480, (210) 490-3096.

(4) COMPANY: City of Blooming Grove; DOCKET NUMBER: 2001-1184-PWS-E; IDENTIFIER: PWS Number 1750001; LOCATION: Blooming Grove, Navarro County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(3)(B)(v) and (n)(2), by failing to maintain backflow prevention assemble test records and provide an up-to-date distribution map; 30 TAC §290.43(c)(3) and (4), by failing to provide a proper overflow and provide a proper water level indicator; and 30 TAC §290.51, by failing to pay an assessed late fee; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: The Boeing Company; DOCKET NUMBER: 2001-1013-IHW-E; IDENTIFIER: Solid Waste Registration (SWR) Number 85741; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: aircraft maintenance; RULE VIOLATED: 30 TAC §335.6(c), by failing to add four hazardous waste tanks, three class two solid waste management units, and the correct United States Environmental Protection Agency waste codes; 30 TAC §335.10(b), by failing to fully complete 13 hazardous waste manifests and continuation pages; 30 TAC §335.69(a)(1)(B) and (4), and (d)(1), §335.112(a)(1), (3), and (9), and 40 Code of Federal Regulations (CFR) §§265.16, 265.35, 265.37(a), 265.52, 265.53(b), 265.173(a), 265.192, 265.193, and 265.195, by failing to provide and document any emergency response training, maintain adequate aisle space in the container storage area, make any emergency arrangements with local authorities, provide a list of emergency coordinators in priority order, provide a copy of the facility contingency plan, keep four hazardous waste containers in a satellite accumulation area closed, perform and document hazardous waste tank system assessments, provide secondary containment on the frac tank and some of the ancillary equipment, and perform and document daily tank inspections; and 30 TAC §335.474(1), by failing to include information on environmental and human health risks; PENALTY: $65,520; ENFORCEMENT COORDINATOR: Susan Johnson, (512) 239-2555; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: Brotherton Water Supply Corporation; DOCKET NUMBER: 2002-0019-PWS- E; IDENTIFIER: PWS Number 0740020 and Certificate of Convenience and Necessity Number 10154; LOCATION: Bonham, Fannin County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and (iv), and THSC, §341.0315(c), by failing to provide a minimum ground storage capacity of 200 gallons per connection and provide a minimum pressure tank capacity of 20 gallons per connection; and 30 TAC §290.109(c)(2) and (g)(4), §290.122(c), and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and provide public notice related to its failure to collect and submit samples for bacteriological analysis; PENALTY: $563; ENFORCEMENT COORDINATOR: Alayne Furguson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Chevron Phillips Chemical Company LP (formerly Phillips Petroleum Company); DOCKET NUMBER: 2000-0434-AIR-E; IDENTIFIER: Air Account Number HG-0566-H; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: polyethylene and polypropylene production; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c), Air Permit Number 4437A/NO14, and THSC, §382.085(b), by failing to meet volatile organic compound emissions limitations and route a portion of polyethylene and polypropylene to the high activity catalyst heaters; and 30 TAC §101.303(f)(9)(B), §116.150(a)(3), and THSC, §382.085(b), by failing to submit a notice of intent to use form EC-3 and the emission credit certificate; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Chevron U.S.A., Inc.; DOCKET NUMBER: 2001-1496-PST-E; IDENTIFIER: Enforcement Identification Number 17106; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: retail gasoline dispensing station; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that an owner or operator of a UST system has a valid, current delivery certificate; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Cibolo Creek Municipal Authority; DOCKET NUMBER: 2001-0896-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 11269-001; LOCATION: Schertz, Bexar County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11269-001, and the Code, §26.121, by failing to comply with permitted limits for ammonia nitrogen; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: Cypress Bible Church of Harris County; DOCKET NUMBER: 2001-1290- PWS-E; IDENTIFIER: PWS Number 1011408; LOCATION: Cypress, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2) and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis; PENALTY: $938; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Detar Hospital, LLC; DOCKET NUMBER: 2001-1376-PST-E; IDENTIFIER: PST Facility Identification Numbers 37538 and 63449; LOCATION: Victoria, Victoria County, Texas; TYPE OF FACILITY: hospital; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to obtain a valid, current delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(12) COMPANY: Eddins-Walcher Co.; DOCKET NUMBER: 2002-0009-PST-E; IDENTIFIER: Enforcement Identification Number 17244; LOCATION: Sonora, Sutton County, Texas; TYPE OF FACILITY: trucking company; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that an owner or operator of the UST system had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(13) COMPANY: Fort Worth Grain Company, Inc. dba Alliance Grain Cooperative, Inc.; DOCKET NUMBER: 2002-0086-IWD-E; IDENTIFIER: Enforcement Identification Number 17065; LOCATION: Aquilla, Hill County, Texas; TYPE OF FACILITY: corn silage pit; RULE VIOLATED: the Code, §26.121(a)(1), by failing to prevent an unauthorized discharge of industrial wastewater; PENALTY: $4,000; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(14) COMPANY: Gracelake Management, LLC; DOCKET NUMBER: 2001-1271-AIR-E; IDENTIFIER: Air Account Number HF-0095-N; LOCATION: Lumberton, Hardin County, Texas; TYPE OF FACILITY: property; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the requirements for outdoor burning; PENALTY: $800; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(15) COMPANY: City of Hackberry; DOCKET NUMBER: 2001-0036-MWD-E; IDENTIFIER: Water Quality Permit Number 13434-001 and TPDES Permit Number 13434-001; LOCATION: near Hackberry, Denton County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Water Quality Permit Number 13434-001 and TPDES Permit Number 13434-001, by failing to comply with ordering provision number two of an agreed order (Docket Number 1998-1445-MWD-E) issued by the commission on August 31, 1999; and 30 TAC §305.125(1), Water Quality Permit Number 13434-001, TPDES Permit Number 13434-001, and the Code, §26.121, by failing to comply with permitted effluent limits; PENALTY: $14,000; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Highland Village Car Care, Inc.; DOCKET NUMBER: 2001-0855-PST-E; IDENTIFIER: PST Facility Identification Number 0035472; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: automobile service station with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control; 30 TAC §334.50(b)(1)(A) and (d)(4)(A)(i), and the Code, §26.3475(c)(1), by failing to perform release detection on a waste oil UST and conduct inventory control in conjunction with automatic tank gauging; 30 TAC §334.7(d)(3), by failing to amend registration; and 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit a UST registration and self-certification form and make available a valid, current delivery certificate; PENALTY: $600; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(17) COMPANY: ICA GP, LLC dba Airline Mobile Home Park; DOCKET NUMBER: 2002- 0057-PWS-E; IDENTIFIER: PWS Number 1650003; LOCATION: near Odessa, Midland County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(A), (e)(2), and (f)(2), by failing to maintain a free chlorine residual minimum of 0.2 milligrams per liter (mg/l), provide disinfection, and provide the public water system's operating records for review; 30 TAC §290.45(b)(1)(F)(iv) and THSC, §341.0315(c), by failing to meet the minimum water system capacity requirements; and 30 TAC §290.41(c)(3)(B) and (K), and THSC, §341.036(c), by failing to extend the casing to a point 18 inches above the elevation of the finished floor of the pump house and seal the wellheads with gaskets or a pliable crack-resistant caulking compound; PENALTY: $1,880; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(18) COMPANY: Ideal Gas, Inc. and Ideal Gas, Inc. dba M & M Grocery; DOCKET NUMBER: 2001-0802-PST-E; IDENTIFIER: PST Facility Identification Numbers 58526 and 19912; LOCATION: Levelland and Whiteface; Hockley and Cochran Counties, Texas; TYPE OF FACILITY: bulk and retail sales of motor fuels/oil; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I) and (B), and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit a UST registration and self-certification form and make available to a common carrier a valid, current delivery certificate; and 30 TAC §334.5(b)(1)(A), by failing to verify or observe a valid, current delivery certificate; PENALTY: $11,200; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(19) COMPANY: J. H. Jones Oil Company, Inc. of Silsbee, Texas; DOCKET NUMBER: 2002- 0160-PST-E; IDENTIFIER: Enforcement Identification Number 17409; LOCATION: Silsbee; Hardin County, Texas; TYPE OF FACILITY: petroleum products; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator of a regulated UST had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898- 3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(20) COMPANY: Sajjad Pasha dba King Food Citgo; DOCKET NUMBER: 2001-1359-PST-E; IDENTIFIER: PST Facility Identification Number 0018106; LOCATION: Kingwood, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; PENALTY: $800; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Larry O'Neill dba Lazy Acres Mobile Home Park; DOCKET NUMBER: 2001-1150-PWS-E; IDENTIFIER: PWS Number 0150186; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(b)(4), by failing to maintain the residual disinfectant concentration at a minimum of 0.2 mg/l free chlorine; 30 TAC §290.46(f), (r), and (t), by failing to maintain the public water system's operating records, provide a minimum pressure of 35 pounds per square inch, and post a legible sign at each of its production, treatment, and storage facilities; and 30 TAC §290.41(c)(1)(F), by failing to make available sanitary control easements for the well; PENALTY: $280; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(22) COMPANY: Marsh Distributing Company; DOCKET NUMBER: 2001-1352-PST-E; IDENTIFIER: Enforcement Identification Number 16974; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: retail gasoline dispensing; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that an owner or operator of a UST system has a valid, current delivery certificate; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: Molded Fiber Glass Companies Texas LP; DOCKET NUMBER: 2001-1510- AIR-E; IDENTIFIER: Air Account Number CV-0123-V; LOCATION: Gainesville, Cooke County, Texas; TYPE OF FACILITY: fiber glass product manufacturing; RULE VIOLATED: 30 TAC §122.145(2), §122.146(1) and (2), TNRCC General Operating Permit Number 01792, and THSC, §382.085(b), by failing to submit two annual compliance certifications and failing to submit these documents to the executive director no later than 30 days after the end of each certification period; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: National Business Network dba Gessner Road Texaco; DOCKET NUMBER: 2001-1050-PST-E; IDENTIFIER: PST Facility Identification Number 0018651; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit a UST registration and self-certification form and make available a valid, current delivery certificate; PENALTY: $600; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767- 3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: Philip Clemente dba Northeast Mobile Home Park; DOCKET NUMBER: 2001-1473-PWS-E; IDENTIFIER: PWS Number 0610090; LOCATION: Denton, Denton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2) and (g), and THSC, §341.033(d), by failing to collect and submit routine monthly bacteriological samples and provide public notice of the sampling deficiencies; PENALTY: $2,188; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: Alvin Oien, Jr.; DOCKET NUMBER: 2001-1342-MSW-E; IDENTIFIER: Enforcement Identification Number 16986; LOCATION: Southlake, Denton County, Texas; TYPE OF FACILITY: unauthorized disposal; RULE VIOLATED: 30 TAC §330.5 and the Code, §26.121, by failing to prevent the disposal of unauthorized municipal solid waste (MSW); PENALTY: $1,600; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(27) COMPANY: Olmos Construction, Inc.; DOCKET NUMBER: 2001-1404-PST-E; IDENTIFIER: PST Facility Identification Number 0018581 and Leaking PST Number 115235; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: construction company; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(ii), and the Code, §26.3475, by failing to perform monthly release detection monitoring and provide release detection; 30 TAC §334.49(a) and the Code, §26.3475, by failing to provide continuous corrosion protection; 30 TAC §334.10(b), by failing to maintain the UST system records and have them available for inspection; 30 TAC §334.72, by failing to report a suspected release; 30 TAC §334.74, by failing to investigate and confirm a suspected release; and 30 TAC §334.7(d)(3), by failing to provide written notice of any amendments, updates, or changes to the registration information; PENALTY: $10,500; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(28) COMPANY: Port Mansfield Public Utility District; DOCKET NUMBER: 2001-1102- MSW-E; IDENTIFIER: MSW Unauthorized Site Number 455150023; LOCATION: Port Mansfield, Willacy County, Texas; TYPE OF FACILITY: MSW transfer station; RULE VIOLATED: 30 TAC §330.65(b)(1), by failing to obtain a registration for the transfer station site prior to construction and operation; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Sandra Hernandez, (956) 425- 6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(29) COMPANY: Gene Harris Petroleum, Inc. dba Quickway #13; DOCKET NUMBER: 2001- 0377-PST-E; IDENTIFIER: PST Facility Identification Number 0036220; LOCATION: Everman, Tarrant County, Texas; TYPE OF FACILITY: gasoline retail; RULE VIOLATED: 30 TAC §115.245(2) and (3)(A), and THSC, §382.085(b), by failing to conduct a pressure decay test and install a healy vacuum monitor; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(30) COMPANY: Gerald B. Dipple, Jr. dba Remington Tanner Dairy; DOCKET NUMBER: 2001-1303-AGR-E; IDENTIFIER: TPDES Permit Number 03112; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §§305.125(1), 321.31(a), and 321.42, TPDES Permit Number 03112, and the Code, §26.121, by failing to prevent unauthorized discharges of wastewater and report the unauthorized discharge; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(31) COMPANY: City of Robert Lee; DOCKET NUMBER: 2001-1136-MWD-E; IDENTIFIER: TPDES Permit Number 13901-001; LOCATION: Robert Lee, Coke County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), and §305.126, and TPDES Permit Number 13901-001, by failing to initiate engineering and financial planning for expansion and/or upgrading, maintain and operate the treatment facility in order to achieve optimum efficiency and treatment capability, submit notification of noncompliances that deviated from the permitted effluent limitation, comply with permit limits for ammonia nitrogen and total suspended solids, and properly maintain automatic flow measuring device to ensure accuracy of results; PENALTY: $9,750; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(32) COMPANY: City of Santa Rosa; DOCKET NUMBER: 2001-1316-PWS-E; IDENTIFIER: PWS Number 0310009; LOCATION: Santa Rosa, Cameron County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(2)(B) and (c)(2)(C), and THSC, §341.0315(c), by failing to provide a treatment plant capacity of 0.6 gpm per connection and provide a transfer pump capacity of 0.6 gpm per connection; and 30 TAC §290.46(f)(3)(B)(iv) and (s), by failing to maintain calibration records for laboratory equipment and provide accurate testing equipment; PENALTY: $2,188; ENFORCEMENT COORDINATOR: Sandra Hernandez, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(33) COMPANY: Stampede Fuels, Inc.; DOCKET NUMBER: 2002-0015-PST-E; IDENTIFIER: Enforcement Identification Number 17155; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate prior to depositing any regulated substance into a UST system; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Sarah Slocum, (512) 239- 6589; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(34) COMPANY: Texaco, Inc.; DOCKET NUMBER: 2001-1350-PST-E; IDENTIFIER: PST Facility Identification Number 0048009; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: oil and gas exploration; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to submit a UST registration and self-certification form; 30 TAC §335.323, by failing to pay outstanding hazardous waste generation and non-hazardous waste generation fees; 30 TAC §334.128(a), by failing to pay aboveground storage tank fees; and THSC, §361.603(b)(2), by failing to pay voluntary cleanup program fees; PENALTY: $800; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(35) COMPANY: Total Roll-Offs, L.L.C.; DOCKET NUMBER: 2001-1071-MSW-E; IDENTIFIER: MSW Registration Number 40173; LOCATION: Brenham, Washington County, Texas; TYPE OF FACILITY: transfer station; RULE VIOLATED: 30 TAC §330.5(a), by failing to obtain a registration or other authorization prior to collecting, storing, or processing municipal solid waste; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(36) COMPANY: Doris Higgins dba Two Pines Mobile Home Park; DOCKET NUMBER: 2001-0940-PWS-E; IDENTIFIER: PWS Number 1020085; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: mobile home park; RULE VIOLATED: 30 TAC §290.45(b)(1)(E)(ii) and THSC, §341.0315, by failing to meet the minimum pressure tank capacity of 50 gallons per connection; 30 TAC §290.41(c)(3)(A) and (N), and §290.46(f)(3)(A)(ii), by failing to submit well completion data and install a flow meter on the well pump discharge line; 30 TAC §290.43(e), by failing to enclose the system's pressure tank in an intruder-resistant fence; and 30 TAC §290.51(a)(3), by failing to submit payment for the public health service fees; PENALTY: $1,125; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(37) COMPANY: Steve Vandermeer dba Vandermeer Dairy; DOCKET NUMBER: 2001-1145- AGR-E; IDENTIFIER: Water Quality Permit Number 03190; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: dairy operation; RULE VIOLATED: 30 TAC §305.125(1) and (5), and §321.31(a), Water Quality Permit Number 03190, and the Code, §26.121, by failing to prevent an unauthorized discharge of wastewater; and 30 TAC §321.42 and Water Quality Permit Number 03190, by failing to notify the executive director in writing of an unauthorized discharge; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(38) COMPANY: Varco, L.P. dba Tuboscope Vetco International, Inc.; DOCKET NUMBER: 2001-0916-IHW-E; IDENTIFIER: SWR Number 36115; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: oil and gas field service; RULE VIOLATED: 30 TAC §335.69(a)(1)(B) and §335.112(a)(9) and 40 CFR §262.34(a)(1)(ii) and §265.193(a)(3), by failing to provide secondary containment for four sumps; 30 TAC §335.62, by failing to conduct hazardous waste determinations; and THSC, §370.008, by failing to pay outstanding toxic chemical release report fees; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(39) COMPANY: W&W Fiberglass Tank Company; DOCKET NUMBER: 2001-1524-AIR-E; IDENTIFIER: Air Account Number GH-0099-A; LOCATION: Pampa, Gray County, Texas; TYPE OF FACILITY: fiberglass tank manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(b) (now 30 TAC §122.130(a)), and THSC, §382.054 and §382.085(b), by failing to submit a Title V initial application for a federal operating permit; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(40) COMPANY: Westfield Sandblasting, Inc.; DOCKET NUMBER: 2001-1362-IHW-E; IDENTIFIER: SWR Number 83338; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: equipment sandblasting and painting; RULE VIOLATED: 30 TAC §335.6(c), by failing to update the notice of registration; 30 TAC §335.62, by failing to conduct an adequate waste determination; 30 TAC §335.503, by failing to conduct a non-hazardous waste determination; and 30 TAC §335.475(4) and THSC, §361.505, by failing to prepare and implement an adequate source reduction/waste minimization plan; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200202501

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 23, 2002


Public Notice of Intent to Delete

Notice of Deletion of Sampson Horrice Site from the State Superfund Registry

The executive director (ED) of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing this notice of deletion of the Sampson Horrice site (the site) from the state registry, the list of state Superfund sites. The state registry lists the contaminated sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The site was originally proposed for listing on the state registry in the November 15, 1996 issue of the Texas Register (21 TexReg 11207). The site, including all land, structures, appurtenances, and other improvements is a former gravel pit, encompassing approximately 20 acres, located in a residential and industrial area at 2000 and 2006 Plainfield Drive in Dallas, Dallas County, Texas. In addition, the site included any areas where hazardous substances came to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

Drums of solid and hazardous wastes were accepted at the site in late 1983 or early 1984. Investigation of the site revealed that the constituents of concern (COCs) included benzene, toluene, ethyl benzene, xylene, total petroleum hydrocarbons, lead, mercury, chromium, dieldrin, aldrin, and DDT. Concurrent with the remedial investigation, a removal action was performed at the site.

A removal action began in August 1999 that included excavation, sampling, and removal of 349 drums and 200 yards of impacted soil. Verification samples were collected at the completion of the removal activities and confirmed that the remaining soils were below the TNRCC Risk Reduction Standard 2 residential standards for the COCs at the site. The excavation was then filled with surrounding clean soils, completing the removal action in January 2000.

A Certificate of Remediation, a record of TNRCC remedial activities on this property, has been filed in the real property records of Dallas County, Texas. Notice was given in the Certificate of Remediation that arsenic, chromium, lead, and mercury were detected, but at levels below the TNRCC's Standard 2 residential medium specific concentrations for soil. Future land use is considered suitable for residential purposes in accordance with risk reduction standards applicable at the time of the filing.

In accordance with 30 Texas Administrative Code (TAC) §335.344(b), the commission held a public meeting to receive comments on the intended deletion of the site. The meeting was held on Tuesday, December 4, 2001, at 7:00 p.m. at the Nancy Moseley Elementary School Auditorium, 10400 Rylie Road, Dallas, Texas.

The commission has prepared a Responsiveness Summary that responds to the comments received at the public meeting. The complete public file, including the transcript of the meeting and the Responsiveness Summary, may be viewed during regular business hours at the TNRCC Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

In accordance with 30 TAC §335.344(c), the ED determined that the site no longer presents an imminent and substantial endangerment to public health and safety or the environment due to the removal actions that have been performed at the site.

Additionally under Texas Health and Safety Code, §361.188(d), a notice will be filed in the real property records of Dallas County stating that the facility has been deleted from the state registry.

All inquiries regarding the deletion of the site should be directed to Ms. Barbara Daywood, TNRCC Community Relations, telephone numbers (800) 633-9363 or (512) 239-2463.

TRD-200202503

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 23, 2002


Texas Department of Public Safety

Consultant Contract Award

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

(2) The Request for Offer (RFO) was published in the March 8, 2002, issue of the Texas Register , (27 TexReg 1929).

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

(A) Review and refine the "As-Is" model as it relates to Texas Department of Transportation (TxDot) processes and interfaces that impact the project.

(B) Review the recommendations for new development that were made after the original CRIS Study.

(C) Review existing initiatives or outsourcing opportunities that have become available in the intervening years since the original CRIS Study was conducted.

(D) Review emerging initiatives that are being proposed currently.

(E) Analyze and recommend scenario's, solutions or combinations that would provide the best value to the State justified by a cost/benefit analysis.

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

RFD & Associates, Incorporated 401 Camp Craft Road Austin, Texas 78746

(5) This contract has a total value of $ 366,020.00 beginning April 22, 2002 and ending August 6, 2002.

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

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

(B) Findings and Recommendations 07/11/02

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

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

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

(F) Executive Summary 07/31/02

(G) Final Report 08/06/02

TRD-200202525

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: April 24, 2002


Public Utility Commission of Texas

Notice of Application for a Certificate of Convenience and Necessity for a Proposed Transmission Line

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on April 18, 2002, for a certificate of convenience and necessity for a proposed transmission line in Harrison County, Texas.

Docket Style and Number: Application of Southwestern Electric Power Company for a Certificate of Convenience and Necessity for a Proposed 345 kV Transmission Line in Harrison County, Texas. Docket Number 25776.

The Application: Southwestern Electric Power Company (SWEPCO) stated it proposes to construct a 0.5 mile 345 kV loop of the existing Tenaska-Pirkey 345 kV line located approximately 10 miles southwest of Marshall, Texas on the east side of State Highway 43 and approximately 0.75 miles southeast of the FM 3326 intersection with State Highway 43. The community of Darco is located approximately 2.3 miles to the north of the proposed line. The proposed line loops SWEPCO's existing Tenaska-Pirkey 345 kV line, but to the east of State Highway 43. This loop extends three spans in a westerly direction from the Tenaska-Pirkey 345 kV line and terminates into the new switching station being built at the site of a new Independent Power Plant designated as the Harrison County Power Project, a joint project of Entergy Power Ventures, LLP and Northeast Texas Electric Cooperative.

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-200202499

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 23, 2002


Notice of Application for a Service Area Exception

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on April 17, 2002, for a service area exception to serve two new meters at a new Ammoco compressor station located north of Mertzon in Irion County, Texas.

Docket Style and Number: Application of West Texas Utilities Company for a Service Area Exception. Docket Number 25772.

The Application: West Texas Utilities Company (WTU) filed an application for a service area exception to serve two new meters at a new Ammoco compressor station located north of Mertzon in Irion County. In the application, WTU stated the new load is located just across the certification line in an area that is singly certified to Concho Valley Electric Cooperative (CVEC). Without considerable construction resulting in a costly line extension, WTU asserted CVEC cannot serve this load. Given the consent of all parties involved, WTU requested that the commission process this application administratively and in accordance with P.U.C. Substantive Rule §25.101(c)(5)(B).

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-200202498

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 23, 2002


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

On April 16, 2002, Henry Communications, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60516. Applicant intends to remove the resale-only restriction.

The Application: Application of Henry Communications, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 25756.

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 May 8, 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 25756.

TRD-200202458

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 22, 2002


Notice of Application for Relinquishment of Service Provider Certificate of Operating Authority

On April 18, 2002, SouthWest TeleConnect filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60058. Applicant intends to discontinue service and relinquish its certificate.

The Application: Application of SouthWest TeleConnect to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 25775.

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 May 8, 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 25775.

TRD-200202461

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 22, 2002


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a joint application for sale, transfer, or merger on April 17, 2002, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.101 (Vernon 1998 & Supplement 2002).

Docket Style and Number: Joint Application of Central Power and Light Company and LCRA Transmission Services Corporation to Transfer Certificate Rights and for Approval of Transfer of Facilities, Docket Number 25774.

The Application: The joint application involves the transfer of the following commission- approved Central Power and Light Company transmission lines to LCRA Transmission Services Corporation: (1) the 138 kV transmission line that interconnects the CITGO/North Oak Park Substation to the Highway 9 Substation (Highway 9 Project) approved in Docket Number 21838; and (2) the 138 kV transmission line from CITGO/North Oak Park Substation to Nueces Bay Substation (Nueces Bay Project) approved in Docket Number 22340.

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

TRD-200202460

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 22, 2002


Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.315

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 19, 2002, for waiver of the requirements in P.U.C. Substantive Rule §26.315, regarding regulated billing processes established for all dominant certificated telecommunications utilities (DCTU).

Docket Title and Number: Application of Southwestern Bell Telephone Company (SWBT) for Waiver of Requirements in P.U.C. Substantive Rule §26. 315. Docket Number 25781.

The Application: In accordance with P.U.C. Substantive Rule §26.315(c), to ensure that only validated collect calls are billed, the DCTU has the option of choosing one of two methods presented in subsection (c)(1) or (c)(2). According to SWBT, compliance with subsection (c)(2) is technically impossible. Thus, SWBT asserted its only method of compliance with the rule is with the option available under P.U.C. Substantive Rule §26.315(c)(1). However, SWBT further asserted that it would be unable to complete the technical system changes necessary to implement P.U.C. Substantive Rule §26.315(c)(1) until the fourth quarter of this year. SWBT requested that the commission allow SWBT to report back to the commission three months after the date of its application with respect to any changes in the estimated implementation schedule.

On or before May 15, 2002, persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the 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 comments should reference Docket Number 25781.

TRD-200202521

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 24, 2002


Public Notice of Amendment to Interconnection Agreement

On April 23, 2002, Southwestern Bell Telephone Company and Westex Communications, LLC, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25803. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25803. 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 May 24, 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 25803.

TRD-200202524

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 24, 2002


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214

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 Notice of Intent to File LRIC Study for Sprint Privacy ID and Sprint Talking Call Waiting Services Pursuant to P.U.C. Substantive Rule §26.214 on or after April 24, 2002, Docket Number 25753.

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 25753. 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-200202456

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 22, 2002


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214

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 Notice of Intent to File LRIC Study for Sprint Privacy ID and Sprint Talking Call Waiting Services Pursuant to P.U.C. Substantive Rule §26.214 on or after April 24, 2002, Docket Number 25754.

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 25754. 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-200202457

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 22, 2002


Public Notice of Workshop on Rulemaking to Amend Substantive Rule §26.226 to Address Winback/Retention Offers by Chapter 58 Electing Companies

The Public Utility Commission of Texas (commission) will hold a workshop regarding Winback/Retention Offers by Chapter 58 Electing Companies on Monday, May 20, 2002, at 10:00 a.m. in Hearing Room Gee, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 25784, Rulemaking to Amend Substantive Rule §26.226 to Address Winback/Retention Offers by Chapter 58 Electing Companies , has been established for this proceeding. No later than noon on Monday, May 6, 2002, commission staff will make available in Central Records under Project Number 25784 and on the project web page a straw man rule and a list of questions to be discussed at the workshop.

Questions concerning the workshop or this notice should be referred to Bih-Jau (B.J.) Sheu, Senior Economist, Telecommunications Division, 936-7395 or Roger Stewart, Attorney, Legal Division, 936-7296. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200202497

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 23, 2002


Public Notice of Workshop Regarding Implementation of 211 Services

The Staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding implementation of statewide 211 services. The commission asks that parties be prepared to discuss technical matters and cost and pricing issues involved in the routing of 211 calls to a TEXAN network being implemented for this purpose pursuant to the 77th Legislature HCR 109. The Texas Health and Human Services Commission Information and Referral Network (HHSC) is developing this network pursuant to authority under Texas Government Code §531.0312. United Ways of Texas (UW Texas) will partner with HHSC in this endeavor. Implementation and on-going maintenance of the 211 network will be the responsibility of the Texas Information and Referral Network (TIRN). The commission's workshop will be held on Tuesday, May 14, 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 25681, PUC Proceeding to Implement 211 Services , has been established for this proceeding.

Interested parties are requested to come prepared to comment upon and address the questions below. The workshop agenda will not be confined solely to these proposed questions. A portion of the workshop will be reserved for open discussion of general or specific issues pertaining to implementation of the statewide 211 network presented by the attendees.

For the Texas Information and Referral Network (TIRN) -

1. What are the specific NPAs and NXX's involved in the initial implementation?

2. What is the anticipated timeline for implementation of the initial Area Information Centers (AICs)?

3. How does TIRN intend to place and follow-up the orders for implementation and handling of non-recurring charges involved? Is there a single point of contact for the local exchange companies (LECs)?

4. What are TIRN's plans regarding customer education?

5. In areas where caller ID is unavailable, does TIRN have a technical alternative to handle routing of calls?

a. How does TIRN anticipate handling a call where caller ID per line or per call blocking has been activated?

b. If the 211 call is routed via an 800 number (8YY), how will TIRN handle caller identification, assuming the caller's ANI is not sent?

6. What procedures will be used to determine and establish the interexchange carrier(s) responsible for 8YY routing?

For the Local Exchange Companies (LECs) -

1. What timeline will be required to provide software upgrades (if any) and programming for the implementation of TIRN's initial AICs?

2. Is each LEC capable of identifying those central offices that will require translation to an 8YY for routing purposes? If yes, what information will be required to make this determination? If no, how quickly will the LECs be able to advise TIRN of the extent to which 8YY must be employed throughout Texas?

3. Are the LECs able to identify those areas where caller ID will not be available to assist TIRN's routing? What will the LECs require from TIRN to make these identifications? How quickly can they be made?

4. Is a methodology in place for the provision of reciprocal compensation between and among LECs originating and terminating 211 calls?

5. What non-recurring costs/charges will be incurred to establish the routing of 211 calls to a local number for routing by TIRN?

6. What recurring costs/charges will be incurred to establish the routing of 211 calls to a local number for routing by TIRN? Please be prepared to provide specific information regarding the activities and system costs that are the basis of these costs/charges.

7. What non-recurring costs/charges will be incurred to establish the 8YY routing?

8. What recurring costs/charges will be incurred to establish the 8YY routing? Please be prepared to provide specific information regarding the activities and system costs that are the basis of these costs/charges.

9. What is the average amount of time involved in a typical switch translation for a single telephone number?

10. Can a central office switch determine routing for a call based upon an "either or" equation? For example; if local then route to this local number (10 or 7 digit), or, if not local then route to this 8YY number? If the answer is yes, what is required to accomplish this and what are the costs/charges entailed?

11. What is entailed in billing 211 calls on a per call basis vs. per minute of use (MOU) basis?

For Payphone Providers -

1. What timeline will be required to re-program payphones so that 211 sends users to the TIRN network instead of payphone maintenance?

2. What information will payphone providers require of either LECs or TIRN to accomplish re-programming for 211?

Questions concerning the workshop or this notice should be referred to Janis Ervin, Telecommunications Division, (512) 936-7372. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200202512

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 23, 2002


The University of Texas System

Request for Information (Intellectual Property)

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in intellectual property matters. This RFI is issued to establish (for the time frame beginning September 1, 2002 to August 31, 2003) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific intellectual property matters as the need arises.

Description. The U. T. System comprises six health institutions and nine academic institutions located in eleven cities in Texas. Research activities and other educational pursuits at each institution produce intellectual property that is carefully evaluated for protection and licensing to commercial entities. Subject to approval by the Texas Attorney General, U. T. System will engage outside counsel to prepare, file, prosecute, and maintain patent applications in the United States and other countries; secure copyright protection for computer software; and to prepare, file and prosecute applications to register trademarks and service marks in the United States and other countries. U. T. System also will engage outside counsel from time to time to pursue litigation against infringers of these intellectual property rights and to handle other related matters. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel.

Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in intellectual property-related matters, the names, experience, and scientific or technical expertise of the attorneys who may be assigned to work on such matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and intellectual property matters in particular; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's intellectual property matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact. Responses should be sent by mail, facsimile, electronic mail (preferred) or delivered in person, marked "Response to Request for Information." If sent by mail, two copies of the response are requested. Address all responses to Georgia K. Harper, Section Manager for Intellectual Property, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (gharper@utsystem.edu; fax: 512/499-4523; telephone 512/499-4462 for questions).

Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above no later than 5:00 p.m., Friday, May 31, 2002.

TRD-200202419

Francie A. Frederick

Counsel and Secretary to the Board of Regents

The University of Texas System

Filed: April 19, 2002


Texas Water Development Board

Requests for Qualifications for Water Research

Pursuant to 31 Texas Administrative Code §355.3, the Texas Water Development Board (TWDB) requests the submission of Statements of Qualifications leading to the possible award of contracts for Groundwater Availability Models for the (northern) Trinity, Woodbine, Seymour, Queen City, Sparta, Igneous, and West Texas Bolsons (Wildhorse Flat, Michigan Flat, Ryan Flat and Lobo Flat) aquifers in Texas. Guidelines for Statements of Qualifications, which include an application form and more detailed research topic information, will be supplied by the TWDB upon request.

Description of Research Objectives: During the 76th and 77th legislative sessions, the Texas Legislature approved funding for the Groundwater Availability Modeling (GAM) program. The purpose of GAM is to provide reliable and timely information on groundwater availability to the citizens of Texas to ensure adequate supplies or recognize inadequate supplies over a 50-year planning period. Numerical groundwater flow models of the aquifers in Texas will be used to make this assessment of groundwater availability. The GAM program will include (1) substantial stakeholder involvement, (2) result in standardized, thoroughly documented, and publicly available numerical groundwater flow models and support data, and (3) provide predictions of groundwater availability through 2050 based on current projections of groundwater demands during drought-of-record conditions.

In support of GAM, the TWDB is requesting Statements of Qualifications for the development of numerical groundwater flow models of the (northern) Trinity, Woodbine, Seymour, Queen City, Sparta, Igneous, and West Texas Bolsons (Wildhorse Flat, Michigan Flat, Ryan Flat and Lobo Flat) aquifers. There will be five modeling projects: (1) a model of the (northern) Trinity and Woodbine aquifers, (2) a model of the Seymour aquifer, (3) a model of the Lipan aquifer, (4) a model of the Igneous and West Texas Bolsons (Wildhorse Flat, Michigan Flat, Ryan Flat and Lobo Flat) aquifers, and (5) work to include the Queen City and Sparta aquifers into the existing models of the Carrizo-Wilcox aquifer. A separate Statement of Qualifications for each of the five modeling projects is expected.

Details on the modeling projects and project requirements are available from the TWDB. The TWDB Web site includes (1) copies of the attachments, (2) a list of review criteria, and (3) supporting material (www.twdb.state.tx.us under the heading, "What's New").

The following issues need to be addressed in the Statement of Qualifications:

* Communication between the contractor and the stakeholder advisory forum for the model, regional water planning groups, and groundwater conservation districts;

* Conceptual model of recharge and how recharge will be modeled;

* How surface-water/groundwater interaction will be modeled;

* How hydraulic properties will be distributed;

* Hydrostratigraphy for the model;

* Approach for modeling the down-dip boundary of the model (if appropriate);

* Approach for calibrating the model;

* How environmental impacts will be gaged; and

* How the project will benefit statewide water planning and groundwater districts.

In addition, we expect potential contractors to indicate their abilities in:

* General hydrogeology,

* Hydrogeology of the modeled aquifer,

* Numerical groundwater flow modeling,

* Geographical information systems,

* Communicating with the public,

* Technology transfer,

* Producing high-quality reports, and

* Meeting deadlines.

The research proposal description shall not be more than 10 pages in length. On May 13th, 2002, 1:30 PM in Room 111, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, TWDB staff will hold an information session to address questions about the Requests for Qualifications.

Description of Funding Consideration. Up to $1,660,000 has been initially authorized for water research assistance from the TWDB's Research and Planning Fund for this research for FY 2003. A total of $1,660,000 in funds is anticipated to be appropriated by the 78th Legislature for FY 2004. Thus the total anticipated cost of this program is $3,320,000. Following the receipt and evaluation of all Statements of Qualifications, the TWDB may adjust the amount of funding initially authorized for water research. Oral presentations may be required as part of qualification review. However, invitation for oral presentation is not an indication of probable selection. Up to 100 percent funding may be provided to individual applicants; however, applicants are encouraged to contribute matching funds or services, and funding will not include reimbursement for indirect expenses incurred by political subdivisions of the state or other state and federal agencies. In the event that acceptable Statements of Qualifications are not submitted, the TWDB retains the right to not award funds for the contracts.

Deadline, Review Criteria, and Contact Person for Additional Information.

Ten double-sided copies of a complete Statement of Qualifications, including the required attachments, must be filed with the TWDB prior to 5:00 PM, June 7th, 2002. Statements of Qualifications must be directed either in person to Ms. Phyllis Thomas, Texas Water Development Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas; or by mail to Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231-Capitol Station, Austin, Texas 78711-3231. Statements of Qualifications will be evaluated according to 31 Texas Administrative Code §355.5 and the Statement of Qualifications rating form included in the TWDB's Guidelines for Water Research Grants. Research shall not duplicate work planned or underway by state agencies. All potential applicants must contact the TWDB to obtain these guidelines. Requests for information, the TWDB's rules covering the Research and Planning Fund, detailed evaluation criteria, more detailed research topic information, and the guidelines may be directed to Ms. Phyllis Thomas at the preceding address or by calling (512) 463-7926. Technical questions should be directed to Dr. Robert Mace, (512) 936-0861.

TRD-200202420

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: April 19, 2002


Request for Statement of Qualifications from Consultants - Water Research Study Priority Topic

The Texas Water Development Board (board) requests the submission of statements of qualifications (RFQs) from interested consultants leading to the possible award of contracts for state Fiscal Year 2002 to conduct water research on one priority topic. The amount of the grant awarded by the board shall not exceed $300,000 from the Research and Planning Fund. Rules governing the Research and Planning Fund (31 Texas Administrative Code, Chapter 355) are available upon request from the board, or may be found at the Secretary of State's Internet address: {http://www.sos.state.tx.us/tac/}; then sequentially select, "TAC Viewer," "Title 31," "Part 10," and "Chapter 355." Guidelines for responding to the RFQ, which include an application form and detailed information on the research topic, will be available at the board's website at: {http://www.twdb.state.tx.us/publications/requestforproposals/requestsforproposals_index.htm}, or will be provided upon request.

Description of the Research Objectives and Purpose. The board's grant contribution is estimated not to exceed the posted dollar value adjacent the priority research topic. RFQs are requested for the following priority research:

Evaluation of Water and Wastewater Facility Needs: For communities located both along the Texas/Mexico border and in other EDAP-eligible non-border counties ($300,000).

The needs of border and non-border communities that do not have adequate water and wastewater services must be updated in order to accurately quantify the estimated construction-related costs of providing these services in the affected areas. Research is needed to update the estimates of the border and non-border Economically Distressed Areas Program (EDAP) county water and wastewater needs that were last obtained in 1996. This research, together with the non-EDAP statewide assessment performed in 2001, should improve the efficacy of TWDB's funding programs by providing an updated picture of the water infrastructure needs of areas with inadequate sanitary services and possibly, associated public health threats.

Description of Consultant Criteria. The consultant should demonstrate prior experience in the priority research topic, and be able to review, research, analyze, evaluate and interpret data and research findings; and have excellent oral presentation and writing abilities. If the consultant is short-listed, the consultant should be prepared to make an oral presentation to staff members of the board. The scope of work, schedule, and contract amount will be negotiated after the board selects the most qualified applicant. Failure to reach a negotiated contract may result in subsequent negotiations with the next-most qualified applicant; however, a negotiation will not occur with applicants who are determined by the board to be unqualified, or otherwise unsuited to perform the requested research. Consultants that are selected to conduct the research may be required to present the results of their research at one or more of the board's monthly public meetings.

Deadline for Submittal, Review Criteria and Contact Person for Additional Information. Ten double-sided copies of a completed Statement of Qualifications must be filed with the board prior to 5:00 PM, June 3, 2002. Respondents to this request shall limit their Statement of Qualifications to 10 double-spaced pages, excluding the resumes of the project team members. Statements of Qualifications can be directed either in person to Ms. Phyllis Thomas, Texas Water Development Board, Stephen F. Austin Building, Room 448, 1700 North Congress Avenue, Austin, Texas; or by mail to Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231--Capitol Station, Austin, Texas 78711-3231. All applicants must contact the board to obtain the board's guidelines for responding to the RFQ. Requests for information, the board's guidelines for responding to the RFQ, and detailed information on each research topic should be directed to Ms. Phyllis Thomas at the preceding address, by calling (512) 463-7926, or by e-mail to: {phyllis@twdb.state.tx.us}.

TRD-200202411

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: April 18, 2002


Texas Workforce Commission

Notice of Available Funds for FY 2003 for Apprenticeship Training Programs

Notice of Available Funds for Fiscal Year 2003 for Apprenticeship Training Programs and Occupations Within Programs Not Currently Receiving Funding from the Texas Workforce Commission under the Texas Education Code, Chapter 133.

Filing Authority. The notice of available funds for apprenticeship training programs is authorized under the Texas Education Code, Chapter 133.

Eligible Applicants. The Texas Workforce Commission is requesting preliminary contact-hour estimates from public school districts and state post-secondary institutions for related instruction (apprentice) classes for apprenticeship training programs or occupations within programs not currently receiving funding from the Texas Workforce Commission under Texas Education Code, Chapter 133.

Description. Funds will be available for Fiscal Year 2003 (September 1, 2002 - August 31, 2003) to provide funds for programs or occupations within programs not currently receiving funding under the Texas Education Code, Chapter 133. The purpose of the funds is to help pay for classroom instruction for related instruction (apprentice) classes of apprenticeship training programs registered with the Bureau of Apprenticeship and Training. The amount of funding for Fiscal Year 2003 is approximately $80,000 for programs and occupations in programs not currently receiving funding from the Texas Workforce Commission.

Qualifications for Funding. To qualify for funding: 1) each apprenticeship training program or occupation within a program must be certified and registered by the Bureau of Apprenticeship and Training (BAT), U.S. Department of Labor, no later than August 1, 2002; 2) each apprentice must be registered with the BAT in Texas on or before September 1, 2002; 3) each apprentice must be a full-time paid employee in the private sector in Texas; 4) the number of related instruction hours per class must be certified by the BAT as verified in the program standards of the apprenticeship program; 5) a public school district or state postsecondary institution must act as fiscal agent for the funds pursuant to a contract between the apprenticeship program sponsor and the district or institution; and 6) the related instruction (apprentice) class must start in September 2002 and conduct its fourth class meeting no later than October 5, 2002.

Dates of Program. Each class may not start before September 1, 2002, and must end on or before August 31, 2003.

Planning Allocation of Funds. The statewide total number of estimated contact hours that are submitted to the Texas Workforce Commission will be divided into the amount of funds available to determine a preliminary contact-hour rate, not to exceed $4.00 per contact hour. Planning allocations are made to eligible applicants based on the number of estimated contact hours submitted to the Texas Workforce Commission, multiplied by the preliminary contact-hour rate.

Use of Funds. Funds can only be used for related instruction costs such as instructor salaries, instructional supplies, instructional equipment, and other operating expenses. No more than 15 percent may be used by the eligible applicants for administrative purposes, such as supervisory and/or secretarial salaries, office supplies, or travel.

Requesting the Forms to Submit Preliminary Estimated Contact Hours. A package of information explaining the process for submitting preliminary contact-hour estimates and the process for submitting an application may be obtained by contacting the Apprenticeship Support Program at (512) 463-9767 or writing to the Apprenticeship Support Program, Texas Workforce Commission, 101 East 15th Street, Room 252T, Austin, Texas 78778-0001.

Further Information. For additional information, please contact Beverly Donoghue, Apprenticeship Support Coordinator, Texas Workforce Commission, at (512) 463-9767.

Deadline for Receipt of Preliminary Contact-Hour Estimates. The Texas Workforce Commission, Apprenticeship Support Program, must receive preliminary contact-hour estimates for Fiscal Year 2003 apprenticeship training programs no later than 5:00 p.m., Friday, May 31, 2002, to be considered for funding.

TRD-200202402

John Moore

Acting General Counsel

Texas Workforce Commission

Filed: April 17, 2002