Pursuant to Section 2107.003, Texas Government Code, the Comptroller of Public Accounts (Comptroller), announces its issuance on May 6, 2002 of a Request for Proposals (RFP) from qualified, independent firms to provide tax collection services to the Comptroller. The successful respondent, if any, will collect delinquent tax obligations owed the Comptroller, that are not collected through normal collection procedures and do not meet the guidelines adopted for collection by the Attorney General. The successful respondent or respondents must be able to begin performance of the contract no later than June 17, 2002, with transition to services under the new contract completed by September 1, 2002. The Comptroller's current contract for similar services expires August 31, 2002 unless terminated sooner according to its terms. The Comptroller reserves the right, in its sole judgment and discretion, to award one or more contracts as a result of the issuance of this RFP. This is a reissuance of RFP #137c.

Contact: Parties interested in submitting a proposal or reviewing the RFP should contact Pamela Ponder, Deputy General Counsel for Contracts, Comptroller of Public Accounts, 111 E. 17th St., Rm G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The complete RFP was made available for pick-up at the above-referenced address on Monday, May 6, 2002, between 2:00 p.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller also made the complete RFP available electronically on the Texas Marketplace after Monday, May 6, 2002, 2:00 p.m. CZT.

Questions: All questions concerning the RFP must be in writing and submitted no later than May 21, 2002, 2:00 p.m. Mandatory Letters of Intent to propose are also due by 2:00 p.m. on May 21, 2002. Questions must be faxed to (512) 475-0973, Attn: Pamela Ponder, Deputy General Counsel for Contracts. Proposals will not be accepted from firms that do not submit Mandatory Letters of Intent to propose by this deadline. Respondents shall be solely responsible for confirming the timely receipt of Mandatory Letters of Intent. On or before May 23, 2002 (or as soon thereafter as practical) the Comptroller expects to post answers to these written questions as a revision to the Texas Marketplace notice of the issuance of this RFP. The address of the Texas Marketplace is http://esbd.tbpc.state.tx.us. Contract execution is expected to take place on or before June 17, 2002 (or as soon thereafter as practical).

Closing Date: Proposals must be received in the Deputy General Counsel's Office at the address specified above no later than 2:00 p.m. (CZT), on Wednesday, June 5, 2002. Proposals received after this time and date will not be considered. Respondents shall be solely responsible for confirming timely receipt of proposals.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Comptroller will make the final decision.

The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall pay no costs or any other amounts incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - May 6, 2002, 2:00 p.m. CZT; Voluntary Pre-Proposal Conference-May 15, 2002, 2:00 p.m. CZT; Mandatory Letters of Intent Due:-- May 21, 2002, 2:00 p.m., CZT, Questions Due - May 21, 2002, 2:00 p.m. CZT, Answers to Questions Posted -May 23, 2002, or as soon thereafter as practical; Proposals Due - June 5, 2002, 2:00 p.m. CZT, Contract Execution-June 17, 2002, or as soon thereafter as practical; Commencement of Work - June 17, 2002; Transition Complete - September 1, 2002.

TRD-200202801

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: May 6, 2002

Pursuant to Chapters 403 and 404, Texas Government Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Treasury Safekeeping Trust Company (Trust Company), issues this Request for Letter Proposals (RFP) from local, qualified, independent law firms to serve as outside counsel to the Trust Company, a statutory, special purpose trust company. Under this RFP, the Comptroller shall select qualified counsel to provide the Trust Company with legal services on an as needed basis in a variety of general civil matters requiring expertise in employment, corporate, securities, finance, federal taxation, contracts, and administrative law. The Comptroller expects to evaluate respondents and announce a contract award no later than August 31, 2002. Vinson & Elkins LLP currently serves as legal counsel to the Trust Company and its contract expires on August 31, 2002 unless terminated sooner according to its terms. Respondents must be able to begin providing services on an as needed basis immediately and throughout the expected contract term - September 1, 2002 through August 31, 2003 with two (2) options to renew at the Trust Company's sole option for one (1) year periods exercised one (1) year at a time.

Questions and Proposed Contract: Questions concerning this RFP and requests for copies of the proposed sample contract must be in writing and submitted via hand delivery or facsimile no later than Friday, May 31, 2002, 2:00 pm, Central Zone Time (CZT) to Pamela Ponder, Deputy General Counsel for Contracts, General Counsel Division, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, facsimile (512) 475-0973. The Comptroller's official response to questions received by this deadline will be posted as an addendum to this Texas Marketplace notice on Friday, June 7, 2002 at 5:00 pm CZT. A copy of the proposed contract will also be posted as an addendum no later than that such time.

Closing Date: An original and four (4) copies of each Letter Proposal must be hand delivered to and received in the Office of the Deputy General Counsel for Contracts at the address specified above no later than 2:00 p.m. (CZT), on Friday, June 14, 2002. Proposals received after this date and time will not be considered. Respondents shall be solely responsible for confirming the timely receipt of proposals.

Content: Letter Proposals must include all of the following information in order to be considered:

1. Transmittal letter that (a) describes specific experience and qualifications of both the Law Firm and each proposed partner and associate in each of the requisite areas of practice, particularly highlighting recent experience in representing governmental entities in similar matters; and (b) outlines Law Firm's understanding of the Trust Company's enabling legislation and related law, including recent statutory changes such as HB2914 enacted by the 77th Legislature;

2. Physical address of Law Firm's Austin offices;

3. Vita for each proposed partner and associate;

4. Proposed hourly rates for each proposed partner and associate, statements as to (a) whether proposed fees are negotiable; (b) how proposed fees compare to recently contracted fees with other governmental entities on similar matters; (c), proposed reimbursement basis for out of pocket expenses other than travel; and (d) whether proposed fees are firm throughout expected initial contract term (September 1, 2002 through August 31, 2003);

5. Proposed mechanisms to control and communicate regarding total costs, such as providing the Trust Company with estimates of billable costs prior to beginning specific assignments and timely advising the Trust Company when additional work is required to complete those assignments;

6. Disclosures of conflicts of interest (identifying each and every matter in which the Law Firm has, within the past calendar year, represented any entity or individual with an interest adverse to the Trust Company or to the State of Texas, or any of its boards, agencies, commissions, universities; or elected or appointed officials);

7. Information regarding efforts made by the Law Firm to encourage and develop the participation of minorities and women in the provision of services such as those requested by this RFP; and

8. Confirmation of willingness to comply with the policies, directives and guidelines of the Trust Company and the Attorney General of the State of Texas.

Evaluation and Award Procedure: All qualifying Letter Proposals received by the deadline above will be evaluated based on qualifications, experience and reasonableness of contracted fees. The Comptroller will make the final selection in its sole discretion in the best interests of the Trust Company and the State of Texas. Notice of contract award will be published on the Texas Marketplace and the Texas Register as soon as possible after contract signature.

Limitations: The Comptroller reserves the right to accept or reject any or all Letter Proposals submitted in response to this RFP. The Comptroller is not obligated to execute any contract as a result of issuing this RFP. The Comptroller shall pay no costs or any other amounts incurred by any entity in responding to this RFP. The selected Law Firm's sole compensation shall be limited to contracted amounts in the final negotiated contract. No minimum amount of work or assignments under this contract is guaranteed. No travel will be paid. The Comptroller and the Trust Company may solicit or select other legal counsel to provide the same or similar services at any time.

Summary of Schedule: The anticipated schedule is as follows: Issuance of RFP - Friday, May 17, 2002, at 2:00 p.m. CZT; Questions and Request for Copies of Sample Contract Due - Friday, May 31, 2002, 2:00 p.m. CZT; Proposals Due - Friday, June 14, 2002, 2:00 p.m. CZT; Contract Execution and transition, if any, - August 1, 2002, or as soon thereafter as practical; Notice of Contract Award posted on Texas Marketplace - August 15, 2002, or as soon thereafter as practical.

TRD-200202859

Clay Harris

Assistant General Counsel Contracts

Comptroller of Public Accounts

Filed: May 8, 2002

Under provisions of TEXAS FINANCE CODE §14.108, the consumer credit commissioner may issue interpretations of Subtitle A or B, Title 4, after approval of the interpretation by the finance commission. The provisions of Chapter 2001, Government Code, that relate to the adoption of an administrative rule do not apply to the issuance of an interpretation under this section.

The consumer credit commissioner has received the following request for an interpretation:

Request Number 2002-01. Request from John E. Wacholtz, of Irving, Texas regarding whether the sale of GAP insurance by a surplus lines carrier is permissible under the terms of Chapter 348.

Interested parties may submit briefs and proposals pertaining to the issue under consideration to Leslie L. Pettijohn, Commissioner, Office of Consumer Credit Commissioner, 2601 North Lamar, Austin, Texas 78705, until June 17, 2002.

TRD-200202767

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 3, 2002

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 01-18, Amendment Number 613 .

The amendment specifies that supplemental payments will be made in each state fiscal year to certain hospital providers serving high volumes of Medicaid and uninsured patients. The amendment is effective July 6, 2001.

If additional information is needed, please contact Scott Reasonover, Texas Health and Human Services Commission, at 512-338-6464.

TRD-200202856

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: May 8, 2002

SUMMARY. The Texas Department of Housing and Community Affairs (TDHCA), through its Legal Division, is issuing a Request for Proposals (RFP) for outside counsel in connection with TDHCA’s administration of its low income housing tax credit matters.

DEADLINE FOR SUBMISSION. The deadline for submission in response to the Request for Proposals is 4:00 p.m., Central Daylight Saving Time, June 21, 2002. No proposal received after the deadline will be considered.

TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with offerors. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this request for proposals in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response.

Law firms interested in submitting a proposal should contact Lucille Spillar, Legal Assistant, General Counsel's office, at 512/475-3726, 507 Sabine, Austin, TX 78701 or visit our website at www.tdhca.state.tx.us., for a complete copy of the RFP. Communication with any member of the board of directors, the executive director, or TDHCA staff other than Anne O. Paddock, Acting General Counsel, or Ms. Spillar, concerning any matter related to this request for proposals is grounds for immediate disqualification.

TRD-200202853

Edwin P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 8, 2002

Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC §19.2324, the Texas Department of Human Services (DHS) is announcing an open solicitation period of 30 days (starting the date of this public notice) for the construction of a 90-bed nursing facility in Carson County, County #033 , identified in the March 1, 2002 , issue of the Texas Register (27 TexReg 1566). Medicaid contracted nursing facility occupancy rates in Carson County exceed the threshold (90% occupancy) in each of six months in the continuous period of June 2000 through December 2000 . The county occupancy rates for each month of that period were: 93.9%, 98.6%, 98.2%, 98.6%, 100.0%, 100.0% . Potential contractors seeking to construct a 90-bed nursing facility in a high- occupancy area must demonstrate a history of quality care, as specified in §19.2322(d) of this title (relating to Allocation, Reallocation and Decertification Requirements). This rule does not eliminate a new potential Nursing Facility Operator (NFO) who has no history of providing care. The NFO must submit a written reply (as described in 40 TAC §19.2324) to DHS, Joe D. Armstrong, Facility Enrollment Section, Long Term Care-Regulatory, Mail Code E-342, P.O. Box 149030, Austin, Texas 78714-9030. The written reply must be received by DHS before the close of business June 17, 2002, the published ending date of the open solicitation period. Potential contractors who reply as specified above will be allowed 90 days to qualify. To qualify, potential contractors must demonstrate an intent and ability to begin construction of a facility and complete contracting within specified time frames. They must submit a letter of application to DHS with the following documentation: First, there must be acceptable written documentation showing the ownership of or an option to buy the land on which the proposed facility is or will be located. Second, documentation must include a letter of finance from a financial institution. Third, documentation must include a signed agreement stating that, if selected, the potential contractor will pay liquidated damages if either the 12-month and/or the 24-month deadline(s) described in 40 TAC §19.2324(10) are not met. The signed agreement must also require the potential contractor to provide, within 10 working days after the date of selection, a surety bond or other financial guarantee acceptable to DHS ensuring payment in the event of default. If the 12-month deadline is not met, liquidated damages are 5% of the estimated total cost of the proposed or completed facility. If the 24-month deadline is not met, liquidated damages are an additional 5% of the estimated total cost of the proposed or completed facility. If two or more potential contractors become eligible to be qualified during the open solicitation period, there will be a lottery selection. Each application must be complete at the time of its receipt. If no potential contractors submit replies during this open solicitation period, DHS will place another public notice in the Texas Register announcing the reopening of the open solicitation period until a potential contractor replies.

TRD-200202848

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: May 8, 2002

Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC §19.2324, the Texas Department of Human Services (DHS) is announcing an open solicitation period of 30 days (starting the date of this public notice) for the construction of a 90-bed nursing facility in Newton County, County #176 , identified in the March 1, 2002 , issue of the Texas Register (27 TexReg 1566). Medicaid contracted nursing facility occupancy rates in Newton County exceed the threshold (90% occupancy) in each of six months in the continuous period of June 2001 through November 2001 . The county occupancy rates for each month of that period were: 90.4%, 94.2%, 98.8%, 98.9%, 99.2%, 96.0% . Potential contractors seeking to construct a 90-bed nursing facility in a high-occupancy area must demonstrate a history of quality care, as specified in §19.2322(d) of this title (relating to Allocation, Reallocation and Decertification Requirements). This rule does not eliminate a new potential Nursing Facility Operator (NFO) who has no history of providing care. The NFO must submit a written reply (as described in 40 TAC §19.2324) to DHS, Joe D. Armstrong, Facility Enrollment Section, Long Term Care-Regulatory, Mail Code E-342, P.O. Box 149030, Austin, Texas 78714-9030. The written reply must be received by DHS before the close of business June 17, 2002, the published ending date of the open solicitation period. Potential contractors who reply as specified above will be allowed 90 days to qualify. To qualify, potential contractors must demonstrate an intent and ability to begin construction of a facility and complete contracting within specified time frames. They must submit a letter of application to DHS with the following documentation: First, there must be acceptable written documentation showing the ownership of or an option to buy the land on which the proposed facility is or will be located. Second, documentation must include a letter of finance from a financial institution. Third, documentation must include a signed agreement stating that, if selected, the potential contractor will pay liquidated damages if either the 12-month and/or the 24-month deadline(s) described in 40 TAC §19.2324(10) are not met. The signed agreement must also require the potential contractor to provide, within 10 working days after the date of selection, a surety bond or other financial guarantee acceptable to DHS ensuring payment in the event of default. If the 12-month deadline is not met, liquidated damages are 5% of the estimated total cost of the proposed or completed facility. If the 24-month deadline is not met, liquidated damages are an additional 5% of the estimated total cost of the proposed or completed facility. If two or more potential contractors become eligible to be qualified during the open solicitation period, there will be a lottery selection. Each application must be complete at the time of its receipt. If no potential contractors submit replies during this open solicitation period, DHS will place another public notice in the Texas Register announcing the reopening of the open solicitation period until a potential contractor replies.

TRD-200202849

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: May 8, 2002

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

Application for admission to Texas of Clarion Benefits Administration, L.L.C., a foreign third party administrator. The home office is Kansas City, Missouri.

Application for admission to Texas of LBA Healthplans, Inc., a foreign third party administrator. The home office is Timonium, Maryland.

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

TRD-200202749

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 3, 2002

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

Application for admission to Texas of Mid-America Health Network, Inc., a foreign third party administrator. The home office is Kansas City, Missouri.

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

TRD-200202759

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 3, 2002

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

Application for admission to Texas of Valence Health, Inc., a foreign third party administrator. The home office is Wilmington, Delaware.

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

TRD-200202858

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 8, 2002

1.0. Name and Style of Game.

A. The name of Instant Game Number 291 is "ROLLIN' IN THE DOUGH". The play style is "Key Number Match".

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 291 shall be $2.00 per ticket.

1.2. Definitions in Instant Game Number 291.

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

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

C. Play Symbol--One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000, and $25,000.

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

[Table 1]

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]

Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 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 digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine 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, $12.00, $20.00, or $24.00.

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

I. High-Tier Prize--A prize of $2,000 or $25,000.

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

K. Pack-Ticket Number--A 13 digit number consisting of the three digit game number (291), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 291-0000001-000.

L. Pack--A pack of "ROLLIN' IN THE DOUGH" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two. Tickets 000 - 001 will be on the top page; tickets 002 - 003 will be on the next page and so forth with tickets 248 - 249 on the last page. Please note 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 "ROLLIN' IN THE DOUGH" Instant Game Number 291 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 "ROLLIN' IN THE DOUGH" Instant Game is determined once the latex on the ticket is scratched off to expose 22 play symbols. If a player matches any of the YOUR NUMBERS to either WINNING NUMBER, the player wins the prize shown for that number. 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 22 Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 22 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 22 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 22 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2. Programmed Game Parameters.

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

B. No duplicate non-winning Your Numbers play symbols on a ticket.

C. No duplicate Winning Numbers play symbols on a ticket.

D. No 3 or more like non-winning prize symbols on a ticket.

2.3. Procedure for Claiming Prizes.

A. To claim a "ROLLIN' IN THE DOUGH" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $12.00, $20.00, $24.00, $50.00, or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "ROLLIN' IN THE DOUGH" Instant Game prize of $2,000 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "ROLLIN' IN THE DOUGH" 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 "ROLLIN' IN THE DOUGH" 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 "ROLLIN' IN THE DOUGH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7. Instant Ticket Claim Period.

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

3.0. Instant Ticket Ownership.

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

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

4.0. Number and Value of Instant Prizes.

There will be approximately 12,064,000 tickets in the Instant Game Number 291. The approximate number and value of prizes in the game are as follows:

[Table 3]

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 Number 291 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 Number 291, 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-200202750

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 3, 2002

1.0. Name and Style of Game.

A. The name of Instant Game Number 292 is "CARD SHARK". The play style is a match 3 like cards with legend".

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 292 shall be $1.00 per ticket.

1.2. Definitions in Instant Game Number 292.

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: A, K, Q, J, 10, 9, 8, 7, 6, 5, 4, 3, and 2.

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]

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]

Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 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 digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be: 0000000000000.

G. Low-Tier Prize--A prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00.

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

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

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

K. Pack-Ticket Number--A 13 digit number consisting of the three digit game number (292), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 292-0000001-000.

L. Pack--A pack of "CARD SHARK" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. 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 "CARD SHARK" Instant Game Number 292 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 "CARD SHARK" Instant Game is determined once the latex on the ticket is scratched off to expose 20 play symbols. If a player matches 3 like cards in any one hand across, the player wins the prize shown in the Prize Grid. 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 20 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 20 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 20 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 20 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. There will be no occurrence of a hand containing 2 pairs, 4 or 5 of a kind, a straight, or a full house.

C. No 3 of a kind of the 2, 3, 4, or 5 card symbols on a ticket.

D. No duplicate non-winning Hands on a ticket.

2.3. Procedure for Claiming Prizes.

A. To claim a "CARD SHARK" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $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 $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 "CARD SHARK" Instant Game prize of $2,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "CARD SHARK" 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 "CARD SHARK" 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 "CARD SHARK" 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 13,422,500 tickets in the Instant Game Number 292. The approximate number and value of prizes in the game are as follows:

[Table 3]

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 Number 292 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 Number 292, 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-200202803

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 7, 2002

1.0. Name and Style of Game.

A. The name of Instant Game Number 293 is "FUN IN THE SUN". The play style for Game 1 is "match 3 of 6". The play style for Game 2 is "Key Number Match". The play style for Game 3 is "Key Symbol Match". The play style for Game 4 is "Beat the Score". The play style for Game 5 is "Row/Column/Diagonal".

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 293 shall be $5.00 per ticket.

1.2. Definitions in Instant Game Number 293.

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

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

C. Play Symbol--One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $500, $1,000, $5,000, $40,000, SUNGLASSES SYMBOL, ICE CREAM CONE SYMBOL, UMBRELLA SYMBOL, LEMONADE SYMBOL, BEACH BALL SYMBOL, SUN SYMBOL, PICNIC TABLE SYMBOL, TENT SYMBOL, ICE CHEST SYMBOL, LAWN CHAIR SYMBOL, PICNIC BASKET SYMBOL, KITE SYMBOL, WATERMELON SYMBOL, X and [ ].

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]

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]

Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 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 digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be: 0000000000000.

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

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

I. High-Tier Prize--A prize of $1,000, $5,000, $40,000.

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

K. Pack-Ticket Number--A 13 digit number consisting of the three digit game number (293), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 293-0000001-000.

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

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

N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "FUN IN THE SUN" Instant Game Number 293 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 "FUN IN THE SUN" Instant Game is determined once the latex on the ticket is scratched off to expose 44 play symbols. In Game 1, if a player matches three like amounts, the player will win that amount. In Game 2, if any of the player's YOUR NUMBERS match the Winning Number, the player will win the prize shown for that number. In Game 3, if the player matches three like symbols, the player will win the prize shown in the prize box. In Game 4, if the player's YOUR NUMBER is higher than THEIR NUMBER in the same row, the player will win prize shown for that row. In Game 5 if the player gets three X's or O's in the same row, column or diagonal, the player will win the prize shown in prize box. No portion of the display printing nor any extraneous matter whatsoever shall be usable or payable 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 44 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 44 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 44 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 44 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. Game 1: No four or more of a kind.

C. Game 1 may only win once.

D. Game 2: Non-winning prize symbols will never be the same as the winning prize symbol.

E. Game 2: No duplicate non-winning Your Number play symbols.

F. Game 2: No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

G. Game 3: There will be no 4 or more like play symbols.

H. Game 3: This game may only win once.

I. Game 4: No duplicate non-winning Yours play symbols.

J. Game 4: No duplicate non-winning Theirs play symbols.

K. Game 4: No duplicate non-winning prize symbols.

L. Game 4: No ties within a row.

M. Game 5: All games will contain 4 X's and 5 O's or 5 X's and 4 O's.

N. This game may only win once.

2.3. Procedure for Claiming Prizes.

A. To claim a "FUN IN THE SUN" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100, and $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $500. 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 "FUN IN THE SUN" Instant Game prize of $1,000, $5,000, or $40,000, 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 "FUN IN THE SUN" 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 "FUN IN THE SUN" 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 "FUN IN THE SUN" 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 10,161,300 tickets in the Instant Game Number 293. The approximate number and value of prizes in the game are as follows:

[Table 3]

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 Number 293 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 Number 293, 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-200202754

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 3, 2002

1.0 Name and Style of Game.

A. The name of Instant Game No. 298 is "RED HOT & BLUE TRIPLER". The play style is "match 3 with tripler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 298 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 298.

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

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

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

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

[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:

[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, $3.00, $6.00, $9.00, or $18.00.

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

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

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

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (298), 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 : 298-0000001-000.

L. Pack - A pack of "RED HOT & BLUE TRIPLER" 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 "RED HOT & BLUE TRIPLER" Instant Game No. 298 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 "RED HOT & BLUE TRIPLER" Instant Game is determined once the latex on the ticket is scratched off to expose 6 (six) play symbols. If a player gets three like amounts, the player will win that amount. If a player gets three like amounts in RED, the player will win triple that amount. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. Single winning play symbols will be in blue.

D. Triple winning play symbols will be in red.

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

F. There will never be three matching non-winning symbols (in either color).

2.3 Procedure for Claiming Prizes.

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

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

C. As an alternative method of claiming a "RED HOT & BLUE TRIPLER" 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 "RED HOT & BLUE TRIPLER" 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 "RED HOT & BLUE TRIPLER" 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 14,433,750 tickets in the Instant Game No. 298. The approximate number and value of prizes in the game are as follows:

[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. 298 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. 298, 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-200202831

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 7, 2002

1.0 Name and Style of Game.

A. The name of Instant Game No. 708 is "LONE STAR LOOT". The play style is "Key Number Match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 708 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 708.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, STAR SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $300, $1,000, $3,000, and $20,000.

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

[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:

[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, $8.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, or $300.

I. High-Tier Prize - A prize of $3,000 and $20,000.

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

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (708), 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 : 708-0000001-000.

L. Pack - A pack of "LONE STAR LOOT" 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 and tickets 002 - 003 will be on the next page and so forth with tickets 248 - 249 on the last page.

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 "LONE STAR LOOT" Instant Game No. 708 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 "LONE STAR LOOT" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) play symbols. If a player matches any of YOUR NUMBERS to either LUCKY NUMBER, the player will win the prize shown for that number. If a player gets a Star Symbol, the player will win that prize automatically. 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 22 (twenty-two) 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 22 (twenty-two) 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 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 22 (twenty-two) 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 duplicate non-winning Your Number play symbols on a ticket.

B. No duplicate non-winning prize symbols on a ticket.

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

D. No duplicate Lucky Number Symbols on a ticket.

E. Each Lucky Number location will be approximately evenly used as the basis for a match.

F. The auto win symbol will never appear more than once on a ticket.

G. The auto win will only appear on intended winning tickets.

2.3 Procedure for Claiming Prizes.

A. To claim a "LONE STAR LOOT" Instant Game prize of $2.00, $4.00, $8.00, $10.00, $20.00, $50.00, $100, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "LONE STAR LOOT" Instant Game prize of $3,000 and $20,000, 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 "LONE STAR LOOT" 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 "LONE STAR LOOT" 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 "LONE STAR LOOT" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 5,125,500 tickets in the Instant Game No. 708. The approximate number and value of prizes in the game are as follows:

[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. 708 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. 708, 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-200202832

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 7, 2002

An agreed order was entered regarding A & A COATING, INC., Docket No. 2000-0657- MLM-E on May 1, 2002 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SCOTT MCDONALD, Staff Attorney at (817)588-5888, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NUCLEAR SOURCES & SERVICES, INC., Docket No. 2000-1014-IHW-E on May 1, 2002 assessing $90,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SCOTT MCDONALD, Staff Attorney at (817)588-5888, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BLUE 7 WASTE DISPOSAL, INC., Docket No. 2000-0537-MSW-E on May 1, 2002 assessing $3500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting DARREN REAM, Staff Attorney at (817)588-5878, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding INTERTRANSPORT, INCORPORATED, Docket No. 1999-1158-IHW-E on May 1, 2002 assessing $13,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SCOTT MCDONALD, Staff Attorney at (817)588-5888, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF DETROIT, Docket No. 2000-1339-PWS-E on May 1, 2002 assessing $1,333 in administrative penalties.

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

An agreed order was entered regarding IRON HILL WATER CORPORATION, Docket No. 2001-0761-PWS-E on May 1, 2002 assessing $350 in administrative penalties.

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

An agreed order was entered regarding OILTANKING BEAUMONT PARTNERS, L.P., Docket No. 1999-1562-MLM-E on May 1, 2002 assessing $121,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JOHN SUMNER, Staff Attorney at (915)620-6118, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding ALBERT LOMBARDO DBA LOMBARDO TREE EXPERTS, Docket No. 2000-0420-AIR-E on May 1, 2002 assessing $2,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting KELLY MEGO, Staff Attorney at (713)422-8916, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. DOMINGO MORALES DBA MORALES PLATING, Docket No. 2001-0197-AIR-E on May 1, 2002 assessing $4,000 in administrative penalties with $800 deferred.

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 ABILENE AERO, INC., Docket No. 2001-0934- PST-E on May 1, 2002 assessing $4,000 in administrative penalties with $800 deferred.

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

An agreed order was entered regarding BIG CITY CRUSHED CONCRETE INCORPORATED, Docket No. 2001-1228-IHW-E on May 1, 2002 assessing $750 in administrative penalties with $150 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 JOE IVIE DBA IVIE TRUCKING & HOG FARM, Docket No. 2001-0589-IHW-E on May 1, 2002 assessing $6,000 in administrative penalties with $1,200 deferred.

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 FERNANDO MARTINEZ DBA EL MEZQUITAL AUTO SALE, Docket No. 2001-1261-AIR-E on May 1, 2002 assessing $375 in administrative penalties with $75 deferred.

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

An agreed order was entered regarding W. J. SMITH WOOD PRESERVING COMPANY, Docket No. 2001-0789-IHW-E on May 1, 2002 assessing $1,100 in administrative penalties with $220 deferred.

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

An agreed order was entered regarding GREG PRICE AND UNITED PETROLEUM TRANSPORTS, INC., Docket No. 2001-0953-PST-E on May 1, 2002 assessing $500 in administrative penalties with $100 deferred.

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

An agreed order was entered regarding THE WISER OIL COMPANY, Docket No. 2001- 1187-AIR-E on May 1, 2002 assessing $900 in administrative penalties with $180 deferred.

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

An agreed order was entered regarding DIXIE OIL COMPANY, Docket No. 2001-1222- PST-E on May 1, 2002 assessing $500 in administrative penalties with $100 deferred.

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 CROMPTON CORPORATION, Docket No. 2001- 1085-AIR-E on May 1, 2002 assessing $1,875 in administrative penalties with $375 deferred.

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

An agreed order was entered regarding BLACKSHER DEVELOPMENT CORPORATION, Docket No. 2001-0744-MWD-E on May 1, 2002 assessing $6,000 in administrative penalties with $1,200 deferred.

Information concerning any aspect of this order may be obtained by contacting JOHN BARRY, Enforcement Coordinator at (409)898-3838, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MORITZ CHEVROLET, LTD, Docket No. 2001- 1363-AIR-E on May 1, 2002 assessing $450 in administrative penalties with $90 deferred.

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

An agreed order was entered regarding MR. LOUIS MANZONE DBA THE RANCH MOBILE HOME PARK, Docket No. 2001-0137-PWS-E on May 1, 2002 assessing $4,063 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 W. J. RODDY DBA GREEN TREE ESTATES, Docket No. 2001-0840-PWS-E on May 1, 2002 assessing $2,000 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 PACTIV CORPORATION, Docket No. 2001-1262- AIR-E on May 1, 2002 assessing $1,875 in administrative penalties with $375 deferred.

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

An agreed order was entered regarding FORT DAVIS ESTATES, INC., Docket No. 2000- 1095-PWS-E on May 1, 2002 assessing $6,188 in administrative penalties.

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 U. S. AIR FORCE, Docket No. 2001-0694-IHW-E on May 1, 2002 assessing $1,250 in administrative penalties with $250 deferred.

Information concerning any aspect of this order may be obtained by contacting JORGE IBARRY, 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 RIYAZ S. JUMA DBA GET N GO AND SHOP AND GO, Docket No. 2001-1011-PST-E on May 1, 2002 assessing $16,000 in administrative penalties with $3,200 deferred.

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

An agreed order was entered regarding HOMER STEVENS DBA THE FARM COUNTRY CLUB, Docket No. 2001-0726-MWD-E on May 1, 2002 assessing $2,000 in administrative penalties with $400 deferred.

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

TRD-200202842

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 7, 2002

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (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 24, 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 24, 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: Pepi M Kohler and Mike P. Kohler dba Alpenhof Steak Haus; DOCKET NUMBER: 2000-0864-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 2270153; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a)(1) and (e)(2), and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and provide public notice for coliform monitoring violations; and 30 TAC §290.51(a)(3) and THSC, §341.041, by failing to pay public health service fees; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Dar Anderson dba Anderson Dairy; DOCKET NUMBER: 2002-0002-AGR-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) ; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: concentrated animal feeding operation; RULE VIOLATED: 30 TAC §305.125(1) and §321.31(a), TPDES Permit Number 03279, and the Code, §26.121, by failing to prevent an unauthorized discharge of irrigated wastewater; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Ayres Oil, Inc.; DOCKET NUMBER: 2001-1423-PST-E; IDENTIFIER: Enforcement Identification Number 16868; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator of the underground storage tanks (USTs) have a valid, current deliver certificate; PENALTY: $9,600; ENFORCEMENT COORDINATOR: Todd Huddleson, (512) 239- 1105; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(4) COMPANY: Benito Valenzuela dba B & M Septic Systems; DOCKET NUMBER: 2001- 1144-OSI-E; IDENTIFIER: On-Site Sewage Facility (OSSF) Installer Identification Number OS337; LOCATION: near San Antonio, Bandera County, Texas; TYPE OF FACILITY: septic system installation; RULE VIOLATED: 30 TAC §285.61(2), (4), and (5), and THSC, §366.051(c), by failing to record a valid license number on all bids, proposals, contracts, invoices, proposed construction drawings, or other correspondence, obtain proof of a permit prior to installation of an OSSF, and notify the permitting authority of the date the installation would begin; PENALTY: $600; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Champagne-Webber, Incorporated Texas; DOCKET NUMBER: 2001-1395- AIR-E; IDENTIFIER: Air Account Number 92-9099-P; LOCATION: Ennis, Ellis County, Texas; TYPE OF FACILITY: portable asphalt plant; RULE VIOLATED: 30 TAC §§101.6(a), 111.111(a)(1)(B), and 116.115(b) and (c), Air Permit Number 29099, and THSC, §382.085(a) and (b), by allowing visible emissions to have the property line, failing to maintain the asphalt mix temperature below 325 degrees Fahrenheit, properly maintain and operate the plant's abatement equipment, properly control visible emissions from the plant causing a nuisance condition, operate the plant as specified in the permit application, properly report upset conditions and maintain upset records, by allowing opacity from the plant's exhaust stack, by failing to conduct stack sampling; and 30 TAC §334.128(a), by failing to pay the above ground storage tank fees; PENALTY: $9,375; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: J. Frank Corry dba Chances Night Club; DOCKET NUMBER: 2001-1477- PWS-E; IDENTIFIER: PWS Number 0040051; LOCATION: Rockport, Aransas 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 samples and provide public notice of sampling deficiencies; 30 TAC §290.121(a), by failing to provide a microbial contaminant monitoring plan; 30 TAC §290.46(n)(2) and (p)(2), by failing to provide a distribution map and perform annual inspection of the pressure tank; 30 TAC §290.110(c)(5)(B), by failing to test the chlorine residual; and 30 TAC §290.41(c)(1)(F), by failing to secure the sanitary control easement; PENALTY: $2,200; ENFORCEMENT COORDINATOR: John Schildwachter, (512) 239-2355; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(7) COMPANY: City of Clarendon; DOCKET NUMBER: 2002-0045-AIR-E; IDENTIFIER: Air Account Number DJ-0016-S; LOCATION: Clarendon, Donley County, Texas; TYPE OF FACILITY: recycling and transfer plant; RULE VIOLATED: 30 TAC §111.201 and §111.219(7), and THSC, §382.085(b), by allegedly conducting unauthorized outdoor burning; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(8) COMPANY: Coastal Bend Blood Center; DOCKET NUMBER: 2002-0131-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 71594; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: emergency power generator; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility; 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to submit a self- certification form; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Edward Moderow, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(9) COMPANY: Deanville Water Supply Corporation; DOCKET NUMBER: 2001-1437-PWS-E; IDENTIFIER: PWS Number 0260014; LOCATION: Deanville, Burleson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(i) and (ii), and THSC, §341.0315(c), by failing to provide adequate total storage and service pump capacity; and 30 TAC §290.46(d)(2)(A) and §290.110(b)(4), by failing to maintain the minimum disinfectant residual concentration of 0.2 milligrams per liter (mg/l) free chlorine; PENALTY: $438; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: Deercreek Waterworks, Inc.; DOCKET NUMBER: 2001-1341-MWD-E; IDENTIFIER: Water Quality Permit Number 13759-001; LOCATION: Annetta, Parker County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (8), Water Quality Permit Number 13759-001, and the Code, §26.121, by failing to dispose of wastewater plant effluent via irrigation; and 30 TAC §210.4(a), by failing to submit written notification and obtain written approval prior to providing reclaimed water to another for use; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Arlington, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Econo Lube N'Tune, Inc.; DOCKET NUMBER: 2002-0008-PST-E; IDENTIFIER: PST Facility Identification Number 0045585; LOCATION: Pantego, Tarrant County, Texas; TYPE OF FACILITY: petroleum storage tank; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to perform monthly release detection; and 30 TAC §334.22(a), by failing to pay outstanding UST fees; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Alayne Furguson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Arlington, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Enderby Gas, Incorporated; DOCKET NUMBER: 2001-1310-PST-E; IDENTIFIER: PST Facility Identification Number 53682; LOCATION: Whitesboro, Grayson County, Texas; TYPE OF FACILITY: tank truck carrier; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe that the owner or operator of a UST system had a valid, current delivery certificate; 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a), by failing to ensure that the UST registration and self-certification forms were fully and accurately completed and make available to a common carrier a valid, current delivery certificate; and 30 TAC §334.22(a), by failing to pay outstanding UST fees; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE: 2301 Gravel Drive, Arlington, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Enervest Operating, LLC; DOCKET NUMBER: 2002-0081-AIR-E; IDENTIFIER: Air Account Numbers HL-0048-H, HL-0052-Q, HL-0051-S, and HL-0054-M; LOCATION: Canadian, Hemphill County, Texas; TYPE OF FACILITY: natural gas compression; RULE VIOLATED: 30 TAC §122.146(1) and THSC, §382.085(b), by failing to submit the annual compliance certifications; and 30 TAC §122.145(2) and THSC, §382.085(b), by failing to submit the deviation reports; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109- 4933, (806) 353-9251.

(14) COMPANY: Exxon Mobil Corporation dba Exxon R/S 6-2007; DOCKET NUMBER: 2001-1185-PST-E; IDENTIFIER: PST Facility Identification Number 0045974; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(ii), and the Code, §26.3475, by failing to perform monthly tank release detection and release detection for piping associated with UST systems; and 30 TAC §334.10(b), by failing to have records available for review; PENALTY: $6,800; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(15) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2001-1122-PST-E; IDENTIFIER: PST Facility Identification Number 0060314; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: gasoline dispensing station; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to monitor the "Unleaded Plus" number three UST for releases; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(16) COMPANY: Julian Kubeczka dba Fairway Mobile Home Village; DOCKET NUMBER: 2001-1364-PWS-E; IDENTIFIER: PWS Number 1010795; LOCATION: Houston, Harris 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 samples for bacteriological analysis and provide public notice for the sampling deficiencies; PENALTY: $800; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (512) 239-4471; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Steve Laughlin dba Floore's Country Store; DOCKET NUMBER: 2001-1493- PWS-E; IDENTIFIER: PWS Number 0150347; LOCATION: Helotes, Bexar County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2) and (g), §290.122(c), and THSC, §341.033(d), by failing to provide public notice explaining the deficiencies and collect and submit monthly bacteriological samples; PENALTY: $1,125; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (512) 239-4471; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(18) COMPANY: Jeff Galloway dba Galloway Exxon; DOCKET NUMBER: 2001-1426-PST-E; IDENTIFIER: PST Facility Identification Number 0030635; LOCATION: Livingston, Polk County, Texas; TYPE OF FACILITY: retail gasoline station; 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 ensure that the UST registration and self-certification forms were fully and accurately completed and make available to a common carrier a valid, current delivery certificate; 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(19) COMPANY: General Cable Industries, Inc.; DOCKET NUMBER: 2002-0004-IHW-E; IDENTIFIER: Solid Waste Registration (SWR) Number 30403; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: non-ferrous wire drawing and insulating; RULE VIOLATED: 30 TAC §335.2(b), by failing to ensure that the facility's industrial waste was disposed of at an authorized site; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: H & H Oil Co. Inc.; DOCKET NUMBER: 2002-0130-PST-E; IDENTIFIER: Enforcement Identification Number 17475; LOCATION: Midlothian, Ellis County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: Harbor Seafood, Inc.; DOCKET NUMBER: 2001-1478-PWS-E; IDENTIFIER: PWS Number 0840234; LOCATION: San Leon, Galveston 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 bacteriological samples and provide public notice of the sampling deficiencies; PENALTY: $1,500; ENFORCEMENT COORDINATOR: John Schildwachter, (512) 239-2355; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Industrial Pipe and Plastics of Texas, Incorporated; DOCKET NUMBER: 2001-1511-AIR-E; IDENTIFIER: Air Account Number KA-0039-R; LOCATION: Karnes City, Karnes County, Texas; TYPE OF FACILITY: fiberglass tank and pipe manufacturing; RULE VIOLATED: 30 TAC §122.145, §122.146(1) and (2), TNRCC General Operating Permit Number O-01702, and THSC, §382.085(b), by failing to submit two annual compliance certifications and submit them to the executive director; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(23) COMPANY: Jefferson Highway Investments, L.L.C.; DOCKET NUMBER: 2001-1436- IHW-E; IDENTIFIER: SWR Number 73580; LOCATION: Amarillo, Potter County, Texas; TYPE OF FACILITY: former manufacturer of automotive products; RULE VIOLATED: 30 TAC §335.69(a)(1)(A) and (3), and (b), and §335.112, by failing to manage five drums of hazardous waste, label or mark five drums of hazardous waste, and properly dispose of stored hazardous waste; and 30 TAC §335.62, by failing to conduct a hazardous waste determination or waste classification; PENALTY: $10,400; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(24) COMPANY: Leggett & Platt, Incorporated; DOCKET NUMBER: 2002-0249-AIR-E; IDENTIFIER: Air Account Number WD-0023-P; LOCATION: Brenham, Washington County, Texas; TYPE OF FACILITY: flexible polyurethane foam manufacturing; RULE VIOLATED: 30 TAC §122.145(1)(C) and §122.146(1), and THSC, §382.085(b), by failing to submit an annual Title V compliance certification; PENALTY: $1,500; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(25) COMPANY: City of Leonard; DOCKET NUMBER: 2001-0871-MWD-E; IDENTIFIER: Water Quality Permit Number 10929-001; LOCATION: Leonard, Fannin County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (4), (5), and (18), Water Quality Permit Number 10929-001, and the Code, §26.121, by failing to provide noncompliance notification for exceedences greater than 40% of the permit limit, prevent unauthorized discharge of sludge, comply with the permitted effluent limitations, comply with the minimum permitted effluent limitation for chlorine residual, and ensure the facility and all its components are properly maintained; 30 TAC §305.125(1), (5), and (11), and §319.11, and Water Quality Permit Number 10920-001, by failing to comply with self monitoring procedures by not calibrating the dissolved oxygen meter, maintain the collection system, and properly document sludge disposal activities; and 30 TAC §305.125(1) and (5), and §305.126(a), Water Quality Permit Number 10920-001, and the Code, §26.121, by failing to obtain necessary authorization to begin construction of the necessary additional treatment and/or collection facilities; PENALTY: $18,125; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: Tianne Bradley dba Mansell's Grocery and Feed; DOCKET NUMBER: 2002- 0108-PST-E; IDENTIFIER: PST Facility Identification Number 0010178; LOCATION: Italy, 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 UST registration and self-certification forms were fully and accurately completed; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor releases; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(27) COMPANY: Melvin Ellenwood dba Mt. Pisgah Water System; DOCKET NUMBER: 2001- 0867-PWS-E; IDENTIFIER: PWS Number 1300044; LOCATION: Comfort, Kendall County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A) and THSC, §341.033(d), by failing to collect the required bacteriological samples; 30 TAC §290.39(d), by failing to submit plans, specifications, and related documents; 30 TAC §290.41(c)(3)(F), (J), (K), and (N), by failing to secure a sanitary control easement, properly maintain the concrete sealing block, seal the wellhead base by a gasket or sealing compound, and provide a well flow meter on the pump house discharge line; 30 TAC §290.45(b)(1)(B)(iii) and (iv), and THSC, §341.0315(c), by failing to meet the required service pump capacity of two gallons per minute (gpm) per connection and meet the required pressure tank capacity of 20 gallons per connection; 30 TAC §290.44(d)(4), by failing to provide accurate metering devices; 30 TAC §291.101(a) and the Code, §13.242(a), by failing to obtain a certificate of convenience and necessity prior to rendering retail water service; and 30 TAC §290.46(e)(1)(A), by failing to provide a competent waterworks operator; PENALTY: $600; ENFORCEMENT COORDINATOR: Sushil Modak, (512) 239-2142; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(28) COMPANY: Jim Kelly's Ice Tee, L.L.C. dba Mulligan's; DOCKET NUMBER: 2001- 1507-PWS-E; IDENTIFIER: PWS Number 1013000; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2) and (g), §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 the failure to collect and submit samples for bacteriological analysis; 30 TAC §290.46(f), (m), and (v), by failing to provide documentation of the results of chlorine residual tests, properly maintain the general appearance of the system's facilities and equipment, and install all water system electrical wiring in a securely mounted conduit; 30 TAC §290.42(e)(7), by failing to provide a properly housed and locked enclosure for the hypochlorinator solution containers and pumps; 30 TAC §290.110(b)(4), by failing to maintain the residual disinfectant concentration; and 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(29) COMPANY: MZSG Enterprises, Inc. dba Nutime Truck Stop; DOCKET NUMBER: 2001- 1066-PST-E; IDENTIFIER: PST Facility Identification Number 72058; LOCATION: Jacksonville, Cherokee County, Texas; TYPE OF FACILITY: gasoline service station; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all UST systems; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535- 5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 585-5100.

(30) COMPANY: PNI Transportation Inc.; DOCKET NUMBER: 2002-0129-PST-E; IDENTIFIER: Enforcement Identification Number 17436; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(31) COMPANY: Therese Newland dba Peek Road Mobile Home Park; DOCKET NUMBER: 2001-1532-PWS-E; IDENTIFIER: PWS Number 1012861; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(E)(i) and THSC, §341.0315(c), by failing to meet well production capacity requirements of one gpm per connection; and 30 TAC §290.110(b)(4), by failing to maintain the chlorine residual concentration; PENALTY: $375; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(32) COMPANY: Boyd Reeder; DOCKET NUMBER: 2001-1267-MSW-E; IDENTIFIER: Municipal Solid Waste Unauthorized Facility Number UNA-0005; LOCATION: Buffalo, Leon County, Texas; TYPE OF FACILITY: unauthorized waste; RULE VIOLATED: 30 TAC §330.5, by failing to properly dispose of solid waste materials at an approved facility; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(33) COMPANY: Republic Waste Services of Texas, Ltd.; DOCKET NUMBER: 2001-1488- PST-E; IDENTIFIER: PST Facility Identification Number 55961; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: refuse collection company; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I), (B), and (5)(A)(i), and the Code, §26.346(a), by failing to submit UST registration and self-certification forms and make available a valid, current delivery certificate; and 30 TAC 334.50(d)(1)(B)(ii) and the Code, §26.3475, by failing to reconcile inventory control records; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(34) COMPANY: City of San Augustine; DOCKET NUMBER: 2001-0994-PWS-E; IDENTIFIER: PWS Number 2030001 and PST Facility Identification Number 0074163; LOCATION: San Augustine, San Augustine County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e)(1)(C), (2), and (m), and THSC, §341.033(a), by failing to employ at least two class "C" certified operators and have an adequate routine maintenance program; 30 TAC §290.43(c)(8), by failing to maintain the 0.100 million gallon elevated storage tank; 30 TAC §290.42(a), (d)(2)(B), (6)(E)(ii)(I), (11)(E)(vi), and (F)(vi), and (e)(6), and THSC, §341.0315(c), by failing to meet the minimum water system capacity requirements for treatment plant capacity, properly locate filter basins, provide adequate bulk chemical storage containment, provide an atmospheric vacuum breaker or a reduced pressure principle backflow assembly, equip the gravity filters with a loss-of-head gauge, and provide adequate ventilation in the chlorination room; 30 TAC §290.45(b)(2)(B) and THSC, §341.0315(c), by failing to meet the minimum water system capacity requirements for treatment plant capacity of 0.6 gpm per connection; 30 TAC §290.41(c)(3)(N), by failing to repair or replace the inoperable well discharge meter; 30 TAC §334.128(a), by failing to pay TNRCC fees; PENALTY: $10,238; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(35) COMPANY: Sherwin Alumina, L.P.; DOCKET NUMBER: 2002-0115-AIR-E; IDENTIFIER: Air Account Number SD-0037-N; LOCATION: between Gregory and Ingleside, San Patricio County, Texas; TYPE OF FACILITY: bauxite refining complex; RULE VIOLATED: 30 TAC §101.20(1) and §116.115(c), TNRCC Air Permit Number 18163, 40 Code of Federal Regulations §60.8 and §60386(a) and (b), and THSC, §382.085(b), by failing to conduct a performance test and determine compliance with the particulate matter standards on two baghouse stacks and comply with the carbon monoxide emission limits; and 30 TAC §116.110(a)(4) and THSC, §382.085(b), by failing to construct a trench burner; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(36) COMPANY: Terra Southwest, Incorporated; DOCKET NUMBER: 2001-1401-PWS-E; IDENTIFIER: PWS Number 061061; LOCATION: Ponder, Denton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.42(i), by failing to provide the American National Standards Institute/National Sanitation Foundation Standard 60 certification for bleach; 30 TAC §290.46(d)(2)(A), (e), (f)(3)(E)(iv), and (i), by failing to maintain a minimum of 0.2 mg/l free chlorine residual, have the system under the direct supervision of an adequately certified operator, compile monthly operating reports, provide a copy of the results of the customer service inspections, and adopt an adequate service agreement; 30 TAC §290.45(b)(1)(C)(i) and (iii), Agreed Order Docket Number 2000-0594-PWS-E, and THSC, §341.0315(c), by failing to provide a minimum well production capacity of 0.6 gpm per connection and provide a minimum service pump capacity of two gpm per connection; and 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling cock on the well discharge pipe; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(37) COMPANY: Tice Grocery, Inc.; DOCKET NUMBER: 2001-0532-PST-E; IDENTIFIER: PST Facility Identification Number 33868; LOCATION: Hereford, Deaf Smith 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 the required financial responsibility; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), and 30 TAC §334.22(a), by failing to pay outstanding registration and associated late fees; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(38) COMPANY: Walker Oil, LLC dba Uncle Sam's; DOCKET NUMBER: 2001-1165-PST-E; IDENTIFIER: PST Facility Identification Number 72704; LOCATION: Corpus Christi, Nueces 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 make available to a common carrier a valid, current delivery certificate and obtain a valid, current delivery certificate; PENALTY: $0; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(39) COMPANY: Wise County Recycling, Inc.; DOCKET NUMBER: 2001-0042-MSW-E; IDENTIFIER: Unauthorized Site Number 455040124; LOCATION: Boyd, Wise County, Texas; TYPE OF FACILITY: processing and composting; RULE VIOLATED: 30 TAC §330.5, by allowing the unauthorized storage and processing of non-recyclable material for disposal; 30 TAC §332.3(a), by failing to obtain a permit for composting sorted materials; and 30 TAC §332.4(1) and (8), and the Code, §26.121, by failing to prevent the unauthorized discharge of shredded compost material; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(40) COMPANY: Gazi Shahjahan dba Zoom Zooms ; DOCKET NUMBER: 2001-1453-PST-E; IDENTIFIER: PST Facility Identification Number 04196; LOCATION: San Antonio, Bexar 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 have UST registration and self-certification forms fully and accurately completed and have a copy of a valid, current delivery certificate; and 30 TAC §334.21 and §334.22, by failing to pay outstanding petroleum storage tank fees; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Todd Huddleson, (512) 239-1105; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200202822

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 7, 2002

Notice is hereby given that the Texas Natural Resource Conservation Commission's (TNRCC or commission) Executive Director (ED) issued the Site-wide General Operating Permit (GOP) Number 516 under the requirements of 30 TAC Chapter 122, Subchapter F (relating to General Operating Permits) on May 6, 2002.

The Site-wide GOP is available for use by the owners or operators of major source sites (sites) or nonmajor sites subject to the operating permits program. The Site-wide GOP provides an alternate permitting mechanism for sites subject to Chapter 122, consistent with Title 40 Code of Federal Regulations Part 70 requirements that authorize the operation of multiple sites that are similar in terms of operations, processes, and emissions.

Beginning on May 6, 2002, the Site-wide GOP is subject to public petition for 60 days as specified under 30 TAC §122.360. Any person affected by the decision of the ED to issue the Site-wide GOP may petition the United States Environmental Protection Agency (EPA) to make an objection. Petitions shall be based only on objections to the Site-wide GOP that were raised with reasonable specificity during the public comment period, unless the petitioner demonstrates in the petition to the EPA that it was not possible to raise the objections within the public comment period. The petition shall identify all objections. A copy of the petition shall be provided to the ED by the petitioner. The ED shall have 90 days from the receipt of an EPA objection to resolve any objection and, if necessary, terminate or revise the Site-wide GOP.

Copies of the Site-wide GOP and final technical summary may be obtained from the commission's web page at http://www.tnrcc.state.tx.us/permitting/airperm/opd/permtabl.htm or by contacting the TNRCC Air Permits Division, (512) 239-1334. For further information or questions concerning the Site-wide GOP, contact Ms. Beryl Thatcher, Air Permits Division, (512) 239-5946.

TRD-200202815

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 7, 2002

Notices mailed during the period May 1, 2002 through May 7, 2002

APPLICATION NO. 4434A Alvin and Carmen Santleben, P.O. Box 7, La Coste, Texas 78039, applicants, seek to amend Water Use Permit No. 4107 (Application No. 4434), pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Notice should be mailed pursuant to 30 TAC 295.158 (c) (E) to the interjacent water right holders between the existing diversion point and the proposed diversion points in the San Antonio River Basin. Water Use Permit No. 4107 (Application No. 4434) authorized permittees to divert and use not to exceed 156 acre-feet of water per annum from a point the Medina River, a tributary of the San Antonio River, in the San Antonio River Basin for agricultural use to irrigate 61.7acres of land within 172.18 acres in Medina County at a maximum rate of 3.3 cfs (1,500 gpm) with a time priority of February 7, 1984. The permit contains a special condition whereby the permittees can only divert when the remaining flows of the Medina River equals or exceeds 10.5 cfs at a reference device installed by the permittees. Pursuant to an "Agreement for Lease and/or Sale of Water Use Permit No. 4107 (Application No. 4434)" agreement between the applicant and Bexar Metropolitan Water District (BexarMet), applicants seek to amend Water Use Permit No. 4107 (Application No. 4434) by adding municipal and industrial use and three downstream diversion points already authorized by BexarMet's Certificate of Adjudication No. 19-2144, as amended. The three (3) additional diversion points described as follows: Diversion point No. 2 is approximately 7.9 river miles downstream on the north, or left bank of the Medina River at Latitude 29.34 degrees N, Longitude 98.70 degrees W, also being S 87 degrees W, 230 feet from the southeast corner the R. Alderite Survey, Abstract No. 21, Bexar County. Diversion point No. 3 is approximately 12.6 river miles downstream which authorizes diversion of the underflow of the Medina River from the perimeter of an existing reservoir on Polecat Creek at Latitude 29.334 degrees N, Longitude 98.692 degrees W, also bearing S 55 degrees W, 700 feet from the northeast corner of the Alexas Bustillos Survey No. 51, Abstract No. 52, Bexar County. Diversion point No. 4 is approximately 19.5 river miles downstream on the Medina River at Latitude 29.308 degrees N, Longitude 98.642 degrees W, also bearing S10 degrees E, 2,600 feet from the northwest corner of the John S. Simpson Survey No. 59, Abstract No. 673, Bexar County. Pursuant to 30 TAC 297.45, the authorization to divert water authorized by this amendment at the new diversion points will be junior in priority to the intervening water right holders as they exist on the date of the issuance of any amendment resulting from this application. Notice of the is application is being sent to the 9 intervening water right holders between the existing diversion point and the three (3) additional diversion points. No other changes are being requested. The application was received on April 11, 2000. Additional information was received October 13, 2000, October 20, 2000, February 7, 2001, and February 19, 2002. The application was determined to be administratively complete on March 20, 2002. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by May 27, 2002. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by May 27, 2002. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed by May 27, 2002.

APPLICATION NO. 5770 APPLICATION, TXU Mining Company, L.P., Energy Plaza, 1601 Bryan Street, Dallas, Texas 75201-3411 , has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Notice of the application shall be published pursuant to 30 TAC 295.152 and should be mailed pursuant to 30 TAC 295.153 (a) and (b) to the water right holders of record in the Brazos River Basin. Applicant seeks authorization to divert and use 685 acre-feet of water per year for mining purposes at a combined maximum diversion rate of 13.37 cfs (6000 gpm)from twelve diversion points or at any point upstream of those twelve points within the Twin Oak Lignite Mining Area located in the William J. Smith Original Survey, Abstract No. A-336, Robertson County, Texas. There will be an estimated 632 acre-feet of groundwater produced per year in the watershed during dewatering operations in the first five year period, all of which will be used to help partially replenish the aforesaid 685 acre-feet requested, resulting in an estimated overall consumptive use of 53 acre-feet of water per year. The individual right-of-entry and property tract information for the tracts of land within the Walnut Creek Watershed are located within the Surface Mining Permit Application for the Twin Oak L.M.A. and is currently on file at the Railroad Commission of Texas in Austin, Texas. The following diversion points are located approximately 9.7 miles in a northwest direction from Franklin, Robertson County, Texas, on unnamed tributaries of Gnats Creek, tributary of Walnut Creek, tributary of the Little Brazos River, Brazos River Basin: Diversion Point 1 -- Latitude 31.1458 degrees N, Longitude 96.5714 degrees W, Diversion Point 2 -- Latitude 31.1489 degrees N, Longitude 96.5661 degrees W, Diversion Point 3 -- Latitude 31.1511 degrees N, Longitude 96.5611 degrees W, Diversion Point 5 -- Latitude 31.1611degrees N, Longitude 96.5508 degrees W, Diversion Point 11 -- Latitude 31.1550 degrees N, Longitude 96.5811 degrees W, and Diversion Point 12 -- Latitude 31.1520 degrees N, Longitude 96.5789 degrees W. The following diversion point is located approximately 9.7 miles in a northwest direction from Franklin, Robertson County, Texas, on Gnats Creek: Diversion Point 4 -- Latitude 31.1553øN, Longitude 96.5531øW. The following diversion points are located approximately 9.7 miles in a northwest direction from Franklin, Robertson County, Texas, on unnamed tributaries of Walnut Creek: Diversion Point 6 -- Latitude 31.1992 degrees N, Longitude 96.5526 degrees W, Diversion Point 7 -- Latitude 31.1842 degrees N, Longitude 96.5747 degrees W, Diversion Point 9 -- Latitude 31.1703 degrees N, Longitude 96.5797 degrees W, and Diversion Point 10-- Latitude 31.1614 degrees N, Longitude 96.5847 degrees W. The following diversion point is located approximately 9.7 miles in a northwest direction from Franklin, Robertson County, Texas, on Walnut Creek: Diversion Point 8 -- Latitude 31.1736 degrees N, Longitude 96.5822 degrees W. The application was received on June 13, 2001. The Executive Director of the TNRCC has reviewed the application and has declared it to be administratively complete on April 3, 2002. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days of the date of newspaper publication of the notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

Information Section

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

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

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

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

TRD-200202841

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 7, 2002

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: Application of Oncor Electric Delivery Company for Sale, Transfer, or Merger of Certain Transmission Assets to the LCRA Transmission Services Corporation, Docket Number 25829.

The Application: The application involves the transfer of the following transmission line facilities: (1) the Midkiff-Spraberry 138 kV line; (2) the Odessa EHV-Crane 138 kV line; and the Crane-Midkiff 69 kV line.

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-200202735

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 2, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 6, 2002, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Cellutel Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 25749.

Applicant intends to provide plain old telephone service.

Applicant's requested SPCOA geographic area includes the Austin, Beaumont, Dallas, Bryan/College Station, Lubbock, Wichita Falls, Midland, Corpus Christi, Waco, San Angelo, Longview, Houston, and Amarillo Local Access and Transport Areas within the State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than May 22, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200202828

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 7, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on May 2, 2002, for an expedited investigation of The New Power Company's financial and technical capability to continue service as a retail electric provider. A summary of the application follows.

Docket Title and Number: Petition of Consumer Groups Requesting an Expedited Investigation of New Power's Financial and Technical Capability to Continue Service as a Retail Electric Provider and if Applicable, Allow New Power Customers to Withdraw Without Penalty from Current Contracts and Seek Service from an Alternative Provider, Docket Number 25838.

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. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200202770

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 2002

The Public Utility Commission of Texas (commission) invites all interested persons to comment on a draft white paper dealing with the commercialization of fuel cells for stationary power generation in Texas. The paper was drafted as part of the commission's participation in activities related to House Bill 2845, 77th Legislature, which directs the State Energy Conservation Office to seek the assistance and support of the commission in developing a statewide plan for the coordinated acceleration of the commercialization of fuel cell generation in this state.

Among its recommendations, the draft white paper proposes a funding mechanism that is intended to: (a) finance a proposed fuel cell incentive program independently from general fund revenues; and (b) provide appropriate price signals to the wholesale electric market reflecting an economic preference for low-emission generation. The commission is particularly interested in receiving comments on this proposed funding mechanism.

The paper also includes a proposal to allow a transmission and distribution utility (TDU) additional earnings if fuel cell capacity goals are met in its service area. The intent of this proposal is to provide TDUs an incentive to facilitate interconnection. The commission is particularly interested in receiving comments on this idea: either alternative approaches or refinements to the proposed approach.

Interested persons may obtain a copy of the draft white paper from Central Records. The paper has been filed under Project Number 25278, Activities Pursuant to HB 2845, Fuel Cell Commercialization , Item No. 6, "Revised Draft for Public Comment." Electronic versions of the paper may be obtained via the Internet at the commission's web site, http://www.puc.state.tx.us/interchange/. Interested persons are requested to file comments on the draft white paper by 3:00 p.m. on Monday, June 17, 2002, by submitting three copies to Central Records, Public Utility Commission of Texas, P.O. Box 13326, 1701 North Congress Avenue, Austin, Texas 78711-3326.

Persons with questions regarding this notice may contact David Hurlbut, Market Oversight Division, at (512) 936-7387 or by e-mail at david.hurlbut@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200202810

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 7, 2002

On April 30, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Grande Communications Networks, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25830. 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 25830. 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 31, 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 25830.

TRD-200202733

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 2, 2002

On April 30, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and NOW Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25831. 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 25831. 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 31, 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 25831.

TRD-200202734

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 2, 2002

On May 2, 2002, Southwestern Bell Telephone Company and United Telephone Company doing business as UTEL, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25843. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25843. 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 June 3, 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 25843.

TRD-200202769

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 2002

The Public Utility Commission of Texas (commission) will hold a workshop regarding proposed amendments to Substantive Rules §25.101 relating to Certification Criteria and §25.83 relating to Construction Reports, and Procedural Rule §22.52 relating to Notice in Licensing Proceedings on Wednesday, June 5, 2002, at 1:30 p.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 25515, Electric Utility CCN Rulemaking and Form Changes , has been established for this proceeding. The primary goals of the project are to facilitate landowner participation in certification proceedings and to amend rules to reflect changes in the electric industry.

Prior to the workshop, the commission requests that interested persons file comments on drafts that have been prepared by the commission staff. Staff drafts will be available no later than May 17, 2002 in Central Records and on the commission website at http://www.puc.state.tx.us/rules/rulemake/index.cfm under Project Number 25515.

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 by May 31, 2002. All responses should reference Project Number 25515.

Questions concerning the workshop or this notice should be referred to Mel Eckhoff, Engineering Specialist, Electric Division, 512-936-7348 (§25.101); Mark Gentle, Administrative Law Judge, Policy Development Division, 512-936-7211 (§22.52); or Allen Boling, Electric Utility Engineer, 512-936-7402 (§25.83). Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200202829

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 7, 2002

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in certain federal tax matters. This Request for Information (RFI) is issued for the purpose of establishing (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 federal tax matters as the need arises.

Description . The U. T. System comprises six health component universities and nine academic component universities supported by legislative appropriations, tuition, fees, income from auxiliary enterprises, the Permanent University Fund, the Available University Fund, grants, gifts, sponsored research and other sources of revenues, all of which may be impacted by the Internal Revenue Code and Regulations of the Internal Revenue Service. Subject to approval by the Texas Attorney General, U. T. System will engage outside legal counsel to provide legal counsel and advice to the U. T. System on matters pertaining to federal income, estate, gift, employment, and excise taxes. This legal counsel and advice will include, but not be limited to, the following: matters regarding taxation of any kind, representation in tax audits, appeals of tax issues, tax hearings before administrative law judges and magistrates, appeals to IRS appeals officers, district court, U.S. Tax Court, U.S. District Court, the U.S. Court of Claims and other venues on tax matters. Tax counsel will also advise regarding employee benefits such as I.R.C. Section 125 cafeteria plans, the Texas Optional Retirement Program, I.R.C. Section 403(b), Section 415(m) and Section 457(a) and (f) plans. Income tax matters will also include unrelated business income tax as it relates to universities; and federal tax matters regarding compensation issues related to university hospitals and physicians. Although the law firm will not be required to prepare the System tax return, it will be required to give legal advice on issues relating to the filing of tax returns and the appropriate treatment of tax matters on such returns. This legal counsel will include interaction with and representation before the Internal Revenue Service and other taxing authorities in any tax controversy. The legal counsel will also advise and represent the System in matters relating to tax liens, tax garnishments, tax levies, tax assessments, tax valuations, as well as summonses, subpoenas, and discovery relating to tax matters. The law firm should be admitted to practice before Texas district courts, the United States Tax Court, United States District Court and the U.S. Court of Claims.

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 federal tax-related matters including experience handling state pension issues and plans available only to universities, the names and experience of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and others assigned to the project, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services; (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 federal tax matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) a comprehensive description of the procedures to be used by the firm to supervise the provision of legal services in a timely and cost-effective manner; (4) 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 (5) 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 . Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information" and addressed to Anna Cecilia Gonzalez, Attorney, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (cgonzalez@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 not later than 5:00 p.m., Friday, June 14, 2002.

TRD-200202818

Francie A. Frederick

Counsel and Secretary to the Board of Regents

The University of Texas System

Filed: May 7, 2002

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its health component institutions regarding Medicare/Medicaid/Managed Health Care questions, Medicare/Medicaid, third party reimbursement matters and appeal of adverse Medicare reimbursement decisions and complex contracting issues related to affiliation agreements with health care delivery networks, including contracts with private and public entities. This Request for Information (RFI) is issued for the purpose of establishing (for the time frame beginning September 1, 2002 to August 31, 2003) a health care panel from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation and advice of legal issues raised by complex contracting issues, complex managed care arrangements and third party reimbursement matters, including certified nonprofit health corporations, fraud and abuse issues, antitrust concerns.

Description . The U. T. System operates six health institutions located in Houston, Dallas, Galveston, San Antonio and Tyler, Texas. University physician and hospital services are provided through a broad range of contractual arrangements with Health Maintenance Organizations, Preferred Provider Organizations, Medicare, Medicaid, private health insurance carriers, as well as directly with employers. These managed care arrangements may be impacted by state and federal laws and regulations governing insurance, third party reimbursement, antitrust matters, and fraud and abuse issues. Subject to approval by the Texas Attorney General, U. T. System will engage outside counsel with experience in establishing certified non-profit health corporations and other complex managed care contracting arrangements. In addition, outside counsel must have a working knowledge of state and federal laws and regulations governing safe harbors, antitrust matters, health privacy and security standards, Medicare and Medicaid regulations, and appeals of adverse determinations by third party payor intermediaries.

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 the 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 complex health delivery and reimbursement matters, the names, experience, and expertise of the attorneys who may be assigned to work on such matters, the availability of the lead attorney and others assigned to the project, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services; (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 complex health delivery and reimbursement matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) a comprehensive description of the procedures to be used by the firm to supervise the provision of legal services in a timely and cost-effective manner; (4) 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 (5) 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 . Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information" and addressed to R. Carlton Presley, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (bpresley@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, June 14, 2002.

TRD-200202819

Francie A. Frederick

Counsel and Secretary to the Board of Regents

The University of Texas System

Filed: May 7, 2002

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in tax-exempt bond matters. This Request for Information (RFI) is issued for the purpose of establishing (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 and subject to approval by the Texas Attorney General, will select appropriate counsel for representation on specific bond matters as the need arises. These needs include the usual and necessary services of a bond counsel in connection with the issuance, sale and delivery of bonds and notes on which the interest is excludable from gross income under existing federal tax law.

Description . The U. T. System comprises six health institutions and nine academic institutions located in eleven cities in Texas. Public, tax-exempt bond issuance is conducted under two major programs and is rated by three major rating agencies. Bonds are issued under authority granted the U. T. System in Article VII, Section 18 of the Texas Constitution (Permanent University Fund). A flexible rate note program is frequently used to raise new funds in support of the Capital Improvement Program. The program is currently authorized up to a maximum of $250 million. During the 2003 fiscal year, two such note sales are anticipated in the approximate amount of $120 million each. Fixed rate bond sales occur each two to three years in the amount of approximately $150 million to refund flexible rate notes. Advance refunding of Permanent University Fund bonds are conducted periodically based on potential savings opportunities. Under authority granted in Chapter 55, Texas Education Code and Chapters 1207 and 1371, Texas Government Code, and other applicable laws, the U. T. System issues revenue bonds for capital improvements. A tax-exempt commercial paper program is used for interim financing with long-term bonds sold to provide more permanent financing. These long-term bonds may be either fixed rate or variable rate. The commercial paper program is presently authorized up to $350 million and has approximately $250 million outstanding. One fixed rate bond sale of approximately $100 million and one variable rate bond sale of approximately $200 million in size will likely occur during fiscal year 2003. The U. T. System employs a revenue bond program that offers a combined pledge of all legally available revenues with certain exceptions (the "Revenue Financing System"). Advance refunding of bonds, interest rate swaps and escrow restructures of previously defeased bonds, based on market timing, may be expected. Federal tax related matters regarding bonds issued by the U. T. System, including strategies and management practices in the conduct of an exempt debt program requires a close working relationship with bond counsel. In addition, the System works with counsel regarding the preparation of the annual S.E.C. filings. Contact is frequent, particularly in regard to the Revenue Financing System program due to the frequency of debt issuance.

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 bond issuance matters, the names, experience, and 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 bond 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 bond 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 . Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, either stapled or bound together. They should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information," and addressed to Cullen Godfrey, Vice Chancellor and General Counsel, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701; (bpage@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, June 14, 2002.

TRD-200202817

Francie A. Frederick

Counsel and Secretary to the Board of Regents

The University of Texas System

Filed: May 7, 2002