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Request for Proposals--Aging Texas Well Community Preparedness

The Texas Department on Aging (TDoA) is soliciting proposals for a one time only grant to assess and develop community capacity to prepare for an aging population in Texas. The grant will require a 25% cash or in-kind match. TDoA will award a maximum funding level of $15,000 for each award. This is the second posting of this grant project.

ELIGIBILITY REQUIREMENTS

This Request for Proposals (RFP) invites applications from government, public, private, and non-profit entities who reside in one of the following 14 Area Agency on Aging regions not previously awarded a grant under this program: (see Appendix A for Regional Map) .

Ark-Tex (Counties Served: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, Titus),

Dallas County

Tarrant County

North Texas (Counties Served: Archer, Baylor, Clay, Cottle, Foard, Hardeman, Jack, Montague, Wichta, Wilbarger, Young),

Houston-Galveston (Counties Served: Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Liberty, Matagorda, Montgomery, Walker, Aller, Wharton),

South Texas (Counties Served: Jim Hogg, Starr, Webb, Zapata),

Middle Rio Grande (Counties Served: Dimmit, Edwards, Kinney, LaSalle, Maverick, Real, Uvalde,Val Verde, Zavala),

Permian Basin (Counties Served: Andrews, Borden, Crane, Dawson, Ector, Gaines, Glasscock, Howard, Loving, Martin, Midland, Pecos, Reeves, Terrell, Upton, Ward, Winkler),

Concho Valley (Counties Served: Coke, Concho, Crockett, Irion, Kimble, Mason, Mculloch, Menard, Reagan, Schleicher, Sterling, Sutton, Tom Green),

South Plains (Counties Served: Bailey, Cochran, Crosby, Dickens, Floyd, Garza, Hale, Hockley, King, Lamb, Lubbock, Lynn, Motley, Terry, Yoakum),

East Texas (Counties Served: Anderson, Camp, Cherokee,Gregg, Harrision, Henderson, Marion, Panoola, Rains, Rusk, Smith, Upshur, VanZandt, Wood),

Lower Rio Grande (Counties Served: Cameron, Hidalgo, Willacy),

Rio Grande (Counties Served: Hardin, Jefferson, Orange),

West Central Texas (Counties Served: Brown, Callahan, Coleman, Comanche, Eastland, Fisher, Haskell, Jones, Kent, Knox, Mitchell, Nolan, Runnels, Scurry, Shackelford, Stephens, Stonewall,Taylor, Throckmorton).

The proposed project need not address the entire AAA region. Project proposal may address a specific political or geographic unit within a AAA region, such as a city, a town, county or groups of cities, towns, or counties. If the Applicant Agency is not the AAA, the proposal must indicate how the applicant will partner with the AAA to meet project objectives.

AWARD INSTRUMENT AND RESPONSIBILITY

The award will be a grant contract. Responsibility for the planning, direction, and execution of the proposed project may be shared among collaborating organizations, but is ultimately the sole responsibility of the Applicant Agency.

PROJECT PERIOD

The total project period for grants awarded pursuant to this RFP may not exceed twelve (12) months, and must be concluded by August 31, 2004.

TERMS

TDoA will award a maximum funding level of $15,000 for each award. A cash or in-kind match of 25% is required to be met by selected applicant. Funds available under this RFP may not be used for the funding of direct services or to hire employees. Funds may be used to contract for facilitation services or to pay for other necessary services or expenses as allowed by the applicable OMB Circular. Grant funds will be awarded to cover one project per AAA region (see Appendix A for Regional Map).

AUTHORITY

The Texas Department on Aging has the statutory authority to extend and expand services for the aged by coordinating the interest and efforts of local communities in studying the special problems of the aged. TDoA is also responsible for conducting long range planning activities regarding issues that affect older Texans. TDoA serves as the single state agency responsible for meeting the objectives of the federal Older Americans Act and is the state's visible advocate and steward for a full range of services and opportunities that allow older Texans to live healthy, dignified and independent lives.

SCOPE OF THE WORK

Texas community leaders continue to strive to develop better outcomes regarding the multitude of issues and challenges they face in meeting the needs of older adults. This goal becomes increasingly challenging as the population of older adults increases. The general framework for this challenge is called Aging Texas Well (ATW), an initiative and guiding philosophy where Texans prepare for aging in all aspects of life and that state and local social infrastructure facilitates aging well throughout the lifespan. In order to mobilize Texas communities toward ATW preparedness, TDoA encourages communities to build their capacity to meet the current and future needs of a growing aging population.

We are asking communities to take a holistic approach to aging preparedness, for both the community and the aging individuals living in it, by looking beyond health and human services to the entire system and infrastructure involved in meeting the ATW Benchmarks that include spirituality, physical and mental health, social engagement, financial and legal preparedness, employment, education, volunteerism, recreation, housing, transportation, caregiving, health care, protections, and community supports (see Appendix B). This system may include, but is not limited to, organizational resources, existing and potential collaboration among partners, community motivation, economic factors, and political climate.

Community preparedness relies on information regarding local assets, resources, and activities, as well as barriers or emerging needs. Effective programs depend not only on the community's interest in making the investment needed, but also the capability to do so. The capacity-building activities funded by this grant must improve each Texas community's ability to:

Clearly understand the context in which older adults and families live and the issues they want to address,

Locate hidden strengths or underutilized resources that could be developed,

Design effective collaborative strategies that respond to important issues facing older adults and their families,

Determine which resources could contribute to comprehensive strategies and how they should be utilized,

Empower older adults and community members by giving them a role in designing and implementing these strategies.

Community preparedness will be evaluated based on ATW Benchmarks as defined by the Declaration of Objectives stated in the Older Americans Act (see list in Appendix B). Each grantee community must develop strategies that outline how these ATW Benchmarks can be met using the resources and talents of older individuals and families, as well as public and private entities that exist in the community.

REQUIRED CONTENTS OF THE APPLICATION

To facilitate review and evaluation, applications must address the topics listed below and adhere to the following format:

I. Cover Letter

The proposal must include a cover letter that provides: 1) the identification of the Applicant Agency and project contact person (name, address, phone, fax, e-mail, name of director or agency head); 2) identification of the applicant's geographical region of the state in accordance with the 13 Area Agency on Aging boundaries listed in Eligibility Requirements section above (See Appendix A for Regional Map); and 3) amount of grant funds applied for in response to this RFP for the 12-month grant period (August 15, 2003 to August 15, 2004).

II. Project Summary

The project summary should be a brief description of the current capacity of the community that is the subject of the proposal to prepare for its aging population, the overall project vision and goals, and the planned project activities, and a description of the geographical boundaries of the community.

III. Proposal Narrative

A key component of this grant is the assessment of community preparedness. Therefore, if the information requested below is not known at this time, provide a description of how the information will be obtained as part of this project (e.g., key informant interviews, community surveys, focus groups).

The proposal narrative must discuss each of the five (5) content areas outlined below (Older Adults in Region, Community Infrastructure, Core Leadership, Partnership History and Current Status, Consumer Inclusion) as they relate to community preparedness. The Proposal Narrative does not require a definitive or exhaustive description for these content areas; however, applicants must provide adequate descriptions of existing systems. Proposals should describe how the project will address and/or expand each content area.

(a) Older Adults in Region

Provide a description of the population of adults age 60 and older in your geographic region including socio-demographic characteristics (age, racial/ethnic distribution).

(b) Community Infrastructure

Describe your community's infrastructure, including strengths and weaknesses of the system.

Describe the individuals and organizations that make key decisions in your community.

(d) Partnership History and Current Status

Provide a list of key partners in your community (e.g., Area Agency on Aging, public agencies, private organizations, individuals, advocacy groups).

(e) Consumer Inclusion

Include a description of specific activities that are or will be designed to ensure participation of older adults and family caregivers.

IV. Work Plan

Applicants must develop a detailed workplan that outlines the specific activities that would be used to:

Assess the strengths, weaknesses, opportunities, and threats of the community's existing services and resources to prepare for ATW

Identify areas for improvement and determine which of these should receive priority attention

Develop strategies to bring about desired change in ATW Benchmarks (see Appendix B).

Identify measures of success for these efforts

Strengthen partnerships among public, non-profit and private organizations including business, civic leaders, and consumers

Develop deliverables that include

-Developing the community's vision for ATW,

-Specifying the short-term and long-range activities that would bring about changes that are essential to achieving ATW preparedness benchmarks (see Appendix B), and

-Identifying state, local and national policy recommendations on improving community preparedness (i.e., action plan).

TDoA may use the workplan to evaluate whether the grantee meets the objectives of ATW preparedness. The workplan must address the three key components of the project: 1) assessment of community preparedness, 2) development and capacity building planning activities, and 3) process for identifying local, state, and federal policy recommendations that support the capacity of the community to meet the needs of older Texans. Applicant must include a timeline outlining how it will conduct these activities over the 12-month duration of the project.

Describe any past efforts to address each component of the project. For example, if the community has recently completed an assessment of community preparedness (i.e., environmental scan), the project efforts may be focused on capacity building and policy recommendations. In this case, describe how the existing assessment would be used to enhance capacity building planning activities.

V. Applicant Agency

Provide a description of the Applicant Agency including the primary function, a description of funding sources, and experience in project management demonstrating the agency's capacity to act as administrator, fiscal manager and program supervisor. Describe partnership building experience and available resources to build capacity in the community. If Applicant Agency is not the Area Agency on Aging (AAA), the applicant must describe plans to partner with the AAA to meet project objectives.

VI. Biographical Sketch

Include a brief biographical sketch for the Applicant Agency Executive Director and Project Manager. Include a brief biographical sketch for any community leaders who will play a significant role in project implementation. Biographical sketches should include name, role and level of involvement in the project, summary of interest and expertise, education (if relevant), and current and/or relevant past employment, volunteer or other community responsibilities and involvement.

VII. Budget and Budget Narrative

Prepare a budget based on the project workplan including a detailed list of expenditures and a narrative for each item to enable reviewers to link the requested funding with the specific elements of the proposed project. Budgets may not exceed the $15,000 maximum grant funding. A description of the source of the 25% minimum cash or in-kind match is required. Please detail any other resources that will support the project including local funds. The Grantor may require budget adjustments prior to approval of an application.

FINAL DELIVERABLES

Final deliverables will include the following four (4) items:

Evidence of Community Capacity Building Planning provided in a detailed summary of project activities and achievements. This activity summary should include a description of the activities performed in the implementation of the project workplan. Demonstrate how each community preparedness activity is linked to achieving the ATW Benchmarks (see Appendix B). Grantees will be required to submit quarterly reports of activities and progress toward workplan objectives.

An Environmental Scan that describes the following five (5) components in detail:

(1) Older Adults in Region Provide a description of the population of adults age 60 and older in your geographic region including socio-demographic characteristics (age, racial/ethnic distribution). Describe (if any) specific segment of the population you have targeted in your community and reasons for selecting this group. Describe the unique characteristics of your region (urban/rural characteristics). Include a description of any unique access barriers experienced by older residents of your community. Define the region encompassed by the project using either a political entity or geographic boundaries (e.g, city, county, Council of Government region).

(2) Community Infrastructure Describe your community's infrastructure, with respect to meeting the unique needs of older adults, including strengths and weaknesses of the system. Identify current linkages among services that exist or are in development (e.g., linkages may include inter-agency collaborations and sharing of information, jointly sponsored initiatives). Describe the current stage of development of your community. Indicate how grant funds have enhanced existing activities.

(3) Core Leadership Describe the individuals and organizations that make key decisions in your community. Describe the roles and responsibilities of these decision-makers regarding finances, operations, and aging policy. Provide other examples of typical decisions made by this group. Describe how the grantee has work with these leaders to achieve project objectives.

(4) Partnership History and Current Status Provide a list of key partners in your community (e.g., Area Agency on Aging, public agencies, private organizations, individuals, advocacy groups). Describe the working history between these key community partners and how they collaborate to meet the needs of older adults. Discuss the background, evolution, and composition of these community partnerships including when members began working together (if available). Describe specific accomplishments achieved by these partners working as a group including both current partnerships and earlier collaborative efforts of any subsets of the current group. Focus on improvements in the lives of older adults and changes to the system infrastructure. Include barriers overcome and anticipated changes in these processes as a result of this grant.

(5) Consumer Inclusion Include a description of specific activities that exist or those that will be designed to ensure participation of older adults and family caregivers in preparation activities.

An Action Plan must be submitted that outlines the community's vision for ATW, short-term and long-range strategies that would bring about the changes that are essential to achieving ATW preparedness benchmarks (see Appendix B).

Submit local, state, and national policy recommendations to support community capacity for ATW.

WRITTEN MATERIALS

The proposal must include a list of materials it intends to create with project funds, shall describe the purpose for the materials, and shall state where the materials will be distributed. Written materials created with project funds must contain a statement acknowledging the financial support of TDoA. The materials shall be submitted for approval of content prior to being printed for distribution to ensure that the materials are not inconsistent with project objectives.

The proposer shall retain ownership of intellectual property rights in any written materials developed through this project, except to the extent provided by the Uniform Grant Management Standards adopted by the Governor's Office of Budget and Planning, and Federal OMB circulars, as applicable.

If TDoA does not obtain intellectual property rights according to the provisions cited above, the proposer, by entering into a contract with TDoA, grants to TDoA a royalty-free, perpetual, irrevocable, world-wide license to reproduce and distribute copies of the materials created with funds provided under this project.

DISPUTE RESOLUTION

(1) The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used as further described herein, by the TDoA and the contractor to attempt to resolve any claim for breach of contract made by the contractor:

A contractor's claim for breach of contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate the process, the contractor shall submit written notice, as required by subchapter B, to Mary Sapp, Executive Director. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked, A copy of the notice shall also be given to all other representatives of the TDoA and the contractor otherwise entitled to notice under the parties' contract. Compliance by the contractor with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code.

The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by the TDoA if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by the TDoA nor any other conduct of any representative of the TDoA relating to the contract shall be considered a waiver of sovereign immunity to suit.

The submission, processing and resolution of the contractor's claim is governed by the published rules adopted by the Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended.

Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the contractor, in whole or part.

PROPOSAL REQUIREMENTS

Proposals must comply with all rules and statutes relating to grant awards in the State of Texas. Late or unsigned proposals will not be considered under any circumstances. The person submitting the proposal must have the authority to bind the organization in a contract.

TDoA reserves the right to accept or reject all or any part of a proposal and award the grant to the proposal that best serves the interests of the state.

CERTIFICATION AND ASSURANCES

Proposers are required to supply assurances and or submit certifications that demonstrate compliance with relevant state and federal laws and TDoA reporting requirements (Appendix C).

REVIEW OF APPLICATIONS AND CRITERIA FOR SELECTION

Acceptable applications will be referred to a technical panel for evaluation and scoring. To assist in the preparation of the application, established criteria for review are provided below. The panel will consist of TDoA staff and possibly staff from other State agencies. Applicants will be mailed written notification of the final award decision by July 14, 2003. Failure to provide the required information with the application will automatically disqualify the proposal from consideration for the award in connection with this RFP.

Evaluation and grant award will be based on the following criteria (weighted values in parenthesis):

Evidence that the applicant agency has given serious thought and consideration to how the project will conduct activities to address the domains of community assessment, capacity building, and the development of policy recommendations (20%);

Evidence that project objectives are clearly linked to ATW Benchmarks (see Appendix B) (20%);

Evidence of applicant agency's capacity to act as project administrator; evidence of collaboration between community partners, specifically the Area Agency on Aging; and the ability to identify and utilize resources to build capacity in the community (20%);

Submission of well-developed work plan and timeline (20%);

A budget and justification that is appropriate for the scope and quality needed for successful completion of the project (20%).

VALIDATION OF OFFERS

Prior to award of the grant, TDoA must be assured that the selected applicant has the resources with the required experience to successfully perform under the contract, and that these resources will be available during the term of the contract. If during the evaluation process, TDoA is not assured of an applicant's ability to perform under the grant, TDoA may request from the selected applicant any information which it deems necessary to aid in determining whether the applicant has the experience to perform the contract, or in determining whether the applicants proposal is unacceptable to TDoA.

TDoA reserves the right to negotiate with applicants as well as the right to refuse any and all proposals submitted.

APPLICATION SUBMISSION

The application must be received in the TDoA office no later than 5:00 p.m. on June 13, 2003. Applications must be received in hard-copy format either hand-delivered, mailed through the U.S. Postal Service or a commercial delivery service. No facsimiles will be accepted. Applications received after 5:00 p.m. on June 13, 2003 will be deemed late applications and will automatically disqualified from consideration.

An original, plus (5) five copies of the paper application should be sent directly to: Beth Stalvey, Ph.D., Office of Public Policy & Information, Texas Department on Aging, PO Box 12786, Austin, TX 78711

Physical Address for Commercial Delivery: Texas Department on Aging, Brown Heatly Building, 4th Floor, Suite 4300, 4900 North Lamar Blvd., Austin, TX 78751

NOTIFICATION OF AWARD

All applicants will be notified by the TDoA contact person concerning the award of a contract. The selected applicant will receive a contract to sign from TDoA. The award of a grant to the selected applicant is contingent upon execution of the grant contract provided by TDoA.

RFP REVIEW AND AWARD SCHEDULE

RFP announcement - March 31, 2003

Applications due to TDoA by - June 13, 2003

Notification of Award - July 14, 2003

Final Deliverables Due - August 15, 2004

By signing and submitting a grant application, the Applicant Agency certifies and warrants its compliance with the statements and requirements contained in Appendix D.

Questions regarding this RFP may be directed to Beth Stalvey at (512) 424-6871.

Appendix A
Appendix B
Appendix C

TRD-200302158

Gary Jessee

Director of the Office of AAA Support and Operations

Texas Department on Aging

Filed: April 2, 2003

Office of the Attorney General

Texas Clean Air Act Enforcement Action Settlement Notice

Notice is hereby given by the State of Texas of the following proposed settlement of an enforcement lawsuit under the Texas Clean Air Act. Before the State may settle a judicial enforcement action, pursuant to §7.110 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.

Case Title and Court: State of Texas v. Huntsman Petrochemical Corporation. To be filed in the district court of Travis County, Texas.

Nature of Defendant's Operations: Huntsman Petrochemical Corporation owns and operates an Aromatics and Olefins petrochemical production plant at the intersection of State Highway 73 and Savannah Avenue in Port Arthur, Texas. This plant is the subject of this proposed settlement.

Proposed Agreed Final Judgment: The proposed Agreed Final Judgment provides for the payment of a civil penalty in the amount of $9,072,474, and attorney's fees in the amount of $375,000, for a total amount of $9,447,474. The attorney's fees will be paid within 30 days of the signing of the judgment by the court. The civil penalty will be paid as follows: (1) $850,000 to be paid within 30 days of the signing of the judgment by the court, (2) $1,000,000 to be paid within 1 year of the signing of the judgment by the court, (3) $1,650,000 to be paid within 2 years of the signing of the judgment by the court, (4) $2,000,000 to be paid within 3 years of the signing of the judgment by the court, (5) $2,000,000 to be paid within 4 years of the signing of the judgment by the court, and (6) $1,572,474 to be deferred subject to the successful completion of a supplemental environmental project described below.

Huntsman may receive a credit up to $1,572,474 for the costs associated with a supplemental environmental project involving the installation and operation of an air quality monitoring system at the subject plant. The system will include two gas chromatograph monitors to determine the concentrations of benzene and six other volatile organic compounds in the air at the perimeter of the plant. This equipment shall be operated for 11 calendar quarters.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment and Supplemental Environmental Project should be reviewed. Requests for copies of these documents and written comments on them should be directed to David Preister, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 7811-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

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

TRD-200302134

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: April 1, 2003

Central Texas Regional Mobility Authority

Notice of Receipt of Unsolicited Proposal for Services Related to Development of the US 183-A Turnpike and Invitation for Competing Proposals

On or about February 28, 2003, the Central Texas Regional Mobility Authority ("CTRMA")received a detailed unsolicited proposal for the provision of services related to the development of the US 183-A turnpike project in Williamson County. On March 26, 2003, the Board of Directors of the CTRMA authorized the publication of a notice announcing receipt of the proposal and inviting the submission of competing proposals.

The CTRMA has promulgated and adopted "Policies and Procedures Governing Procurements of Goods and Services by the CTRMA" (the "Procurement Policies"). Section 9 of the Procurement Policies addresses the submission of unsolicited proposals for private participation in turnpike projects or the provision of services related to a turnpike project. Section 9.2 of the Procurement Policies governs the submission and processing of unsolicited proposals, and requires publication of notice that an unsolicited proposal was received if the CTRMA Board of Directors desires to further evaluate the unsolicited proposal. As noted previously in this notice, the CTRMA Board of Directors expressed this desire on March 26, 2003. Copies of the Procurement Policies are available from the Contact Person listed in this notice.

Description of the Proposal . The detailed unsolicited proposal received on February 28, 2003, is for the provision of various preconstruction services related to US 183-A, including services related to financial analysis and assistance (excluding investment banking, underwriting and traffic and revenue engineering services), procurement, review and analysis of project design, and services related to preparing the project for a design/build procurement if such authorization is granted by the Legislature, or for a design/bid/build procurement if such authorization is not granted by the Legislature. The proposal also offers construction management services and toll operation services for five (5) years pursuant to separate contractual arrangements. The proposal does not include the provision of any construction services, and is not itself a proposal for an exclusive development agreement or a design/build contract.

Submission of Competing Proposals . Interested parties or consortia are invited to submit competing proposals within forty-five (45) days of the date of publication of this notice in the Texas Register . Competing proposals must be detailed (as defined in the Procurement Policies) and must be submitted in conformance with the Procurement Policies and the procedures set forth in this Notice. Failure by a prospective proposer to submit a competing proposal, together with the proper nonrefundable and nonnegotiable proposal review fee in the amount of five thousand dollars ($5,000) within the 45-day period following the date of publication of this notice in the Texas Register , shall preclude such proposal from consideration by the CTRMA. The proposal review fee shall be submitted in the form of a check made payable to the CTRMA. The CTRMA will not grant requests to extend the 45-day period; and the receipt of one or more competing proposals during such period will not trigger the posting or publication of a new notice or the commencement of any new 45-day period unless a proposal is received which is materially different from the unsolicited proposal and the CTRMA Board of Directors desires to independently pursue that proposal. All proposals submitted in response to this notice should be as thorough and detailed as possible.

Pre-Proposal Conference . There will be pre-proposal conference on April 22, 2003 for interested parties. Attendance is not a condition of submitting a competing proposal. The purpose of the conference will be to respond to questions concerning the US 183-A project and the process for submitting competing proposals, as well as questions about the subject matter of the proposal to the extent such questions can be answered without comprising the confidentiality of proprietary or competitive information contained in the proposal. The pre-proposal conference will be held at 3 pm (CST) at the offices of Locke Liddell & Sapp, LLP, 100 Congress Avenue, Suite 300, Austin Texas, 78701.

The CTRMA reserves all rights available to it by law and in its Procurement Policies in administering this process, including without limitation, the right in its sole discretion to: reject any and all proposals, including the initial unsolicited proposal or competing proposals, at any time; terminate evaluation of any and all proposals at any time; suspend, discontinue or terminate negotiations with any proposer at any time prior to the actual authorized execution of an agreement by all parties; negotiate with a proposer without being bound by any provision in its proposal; or request or obtain additional information about any proposal(s).

Under no circumstances shall the CTRMA, or any of its agents, representatives, consultants, directors, officers or employees be liable for, or otherwise obligated to reimburse, the costs incurred by proposers, whether or not selected for negotiations, in developing proposals or in negotiating agreements.

Any and all information the CTRMA makes available to proposers shall be as a convenience to the proposer and without representation or warranty of any kind. Proposers may not rely upon any oral responses to inquiries.

If a proposer has a question regarding this notice or the Procurement Policies that is not raised at the pre-proposal conference described in this notice, the proposer shall submit the question in writing to the person indicated in this notice. Requests for copies of the Procurement Policies do not need to be in writing. In submitting any proposal, the proposer shall be deemed to have unconditionally and irrevocably consented and agreed to the foregoing provisions and all other provisions of this notice and the Procurement Policies.

Contacts : Questions concerning this notice should be submitted in writing to C. Brian Cassidy, Locke Liddell & Sapp LLP, 100 Congress Avenue, Suite 300, Austin, Texas 78701. Requests for copies of the Procurement Policies can be made by phone to (512) 305-4855.

Submittals : Parties submitting competing proposals pursuant to this notice must provide nine (9) copies which must be received by the CTRMA by 5:00 p.m. C.S.T. on the forty-fifth day following publication of this notice in the Texas Register (or the first business day thereafter if the 45th day is a weekend or legal holiday). Proposals shall be submitted to the Central Texas Regional Mobility Authority, c/o C. Brian Cassidy, Locke Liddell & Sapp LLP, 100 Congress Avenue, Suite 300, Austin, Texas 78701. Facsimile and/or e-mail submissions are not permitted.

TRD-200302190

Brian Cassidy

Acting General Counsel

Central Texas Regional Mobility Authority

Filed: April 2, 2003

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were deemed administratively complete for the following projects(s) during the period of March 21, 2003, through March 27, 2003. The public comment period for these projects will close at 5:00 p.m. on May 2, 2003.

FEDERAL AGENCY ACTIONS:

Applicant: City of Corpus Christi, Director of Engineering Services; Location: The proposed project sites are located at (1) Sunfish Island, approximately 4,800 feet due north from the Corpus Christi Marina (CCM), between the CCM and the Corpus Christi Ship Channel in Corpus Christi Bay, adjacent to the offshore breakwaters; and (2) McGee Beach approximately 3,550 feet south of the CCM on South Shoreline Boulevard. The project sites can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas. Approximate UTM Coordinates: Zone 14; Easting: 658700 and Northing: 3076700 (Sunfish Island); and Easting: 658250 and Northing 3074500 (McGee Beach). Project Description: The applicant proposes to restore Sunfish Island by filling approximately 15.5 acres of open water adjacent to the island. The project will require approximately 99,500 cubic yards of fill material that would be obtained by hydraulically dredging an area in Corpus Christi Bay approximately 0.4 miles east of Shoreline Boulevard and north of the CCM. Containment dikes would be provided at Sunfish Island to contain hydraulically placed fill and to minimize turbidity in adjacent waters. Return water from this portion of the project will flow over a weir and return to the CCM. Rock breakwaters will be placed by dragline barge once fill operations are completed to protect the island from erosion. The breakwaters will be located along the south of the island and in the gap in the existing breakwater and will cover a combined area of approximately 1.4 acres. Equipment access would be made via a channel (850 feet long, 80 feet wide, and -6 to -8 feet deep) that would be incorporated in the borrow area for the McGee Beach part of the project. The channel and surrounding borrow area would not be refilled. The applicant also proposes to place 180,000 cubic yards of material, obtained hydraulically from two sites in Corpus Christi Bay near the CCM, onto 24 acres along McGee Beach as a beach nourishment project. No shoreline protection will be placed along McGee Beach and return water will flow directly into Corpus Christi Bay. The purpose of the project is to protect Sunfish Island as an important migratory shorebird rookery and to maintain McGee Beach as an important recreational attraction that also provides additional protection to the Corpus Christi Seawall. CCC Project No.: 03-0090-F1; Type of Application: U.S.A.C.E. permit application #22909 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

Applicant: Neumin Production Co.; Location: The proposed project is located in E/2 State Tract 99 in San Antonio Bay, approximately 2.5 miles southwest of Seadrift, Calhoun County. The project sites can be located on the U.S.G.S. quadrangle map entitled: Mosquito Point, Texas. Approximate UTM Coordinates: Zone 14; Easting: 721500 and Northing: 3137000. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities for Well No. 3. Such activities include installation of a typical marine barge and keyway, a production structure with attendant facilities, a drilling pad, and a 4-inch-diameter pipeline to their existing Well No. 2. The bay bottom at the proposed site is comprised of soft, deep mud; therefore, approximately 4,500 cubic yards of shell, gravel, or crushed rock would be placed on 27,000 square feet of bay bottom to construct a drilling pad. The proposed products pipeline would be 1.0250 feet long and would be installed by jetting, disking, or plowing a 2-foot-wide by 3-foot-deep trench. Up to 5 feet would be installed by jetting, disking, or plowing a 2-foot-wide by 3-foot-deep trench. Up to 5 feet of bay bottom on either side of the trench would be temporarily affected. Surveys conducted in the project area determined that no seagrasses or oysters would be impacted by these activities. Deep-water access is available from the Gulf Intracoastal Waterway to the site; therefore, no dredging for channels is proposed. CCC Project No.: 03-0095-F1; Type of Application: U.S.A.C.E. permit application #22989 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The consistency review for this project may be conducted by the Texas Railroad Commission as part of its certification under §401 of the Clean Water Act.

Applicant: Engineered Explosive Services; Location: The proposed project is located in and adjacent to the Sabine River, within the right-of-way for Interstate Highway 10 (IH 10), east of the City of Orange, in Orange County, Texas and Calcasieu Parish, Louisiana. The project sites can be located on the U.S.G.S. quadrangle map entitled: Echo, Texas. Approximate UTM Coordinates: Zone 15; Easting: 432464; and Northing: 3332907. Project Description: The applicant proposes to demolish the support structures for the old IH 10 Bridge over the Sabine River using explosives. The structure will be removed to 5 feet above the waterline by mechanical means. Blast shafts will be drilled into the remaining structures down to 4 feet below the mudline and the structures demolished with two explosive blasts. Approximately 1,320 cubic yards of concrete will be temporarily discharged into the river and will be removed by clam bucket. Divers will cut up the remaining steel and pilings above the mudline for subsequent removal. The work will require approximately 7 days to complete and waterway traffic will need to be interrupted twice for 8-10 minutes during the detonations. The applicant has requested to utilize this method to reduce risk to the divers and complete demolition expediently. CCC Project No.: 03-0096-F1; Type of Application: U.S.A.C.E. permit application #22978 is being evaluated under §10 of the River and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

Applicant: Atofina Petrochemical, Inc.; Location: The proposed project is located in the Neches River, approximately 1 mile upstream of the Highway 87 bridge in Port Arthur, Jefferson County. The project sites can be located on the U.S.G.S. quadrangle map entitled: Port Arthur North, Texas. Approximate UTM Coordinates: Zone 15; Easting: 415218; and Northing: 3316691. Project Description: The applicant proposes to widen an existing pipe rack by installing four 14-inch diameter steel pilings, increasing the total width of the pipe rack by 13 feet, 9 inches, from 26 feet, 6 inches wide to 40 feet, 3 inches wide. No other pipe rack dimensions will change. CCC Project No.: 03-0102-F1; Type of Application: U.S.A.C.E. permit application #17841(03) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Department of the Interior, Minerals Management Service; Location: Western Gulf of Mexico Planning Area (WPA); 35.9 million acres located 8 to 357 kilometers offshore in water depths ranging from 8 to 3,100 meters. Project Description: The proposed activity is Lease Sale 187, planned for August 2003. Lease Sale 187 will be the second Western Planning Area sale scheduled under the proposed Outer Continental Shelf Oil and Gas Leasing Program: 2002-2007 (5-year program). Sale 187 will offer for lease all unleased blocks in the WPA, with the exception of whole and partial blocks within the Flower Garden Banks National Marine Sanctuary-High Island Area (Blocks A-375, A-398, A-401, A-502, and A-513) and Garden Banks Area (Block 135), Mustang Island Area, Blocks 793, 799, and 816, which are used by the U.S. Navy for training, and whole and partial blocks within the 1.4 nautical mile buffer zone along the continental shelf boundary established in 2001 by treaty between the United States and Mexico. Due to military considerations, Mustang Island Area, Blocks 59, 147, 228, 602, 732, 733, 734, 775, 790, 791, 798, 821, and 822 will also carry a multiuse stipulation. CCC Project No.: 03-0097-F2; Type of Application: The Minerals Management Service regulates all Outer Continental Shelf (OCS) operations under provisions of the OCS Lands Act, regulations at 30 CFR Part 250, and special lease stipulations.

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

Further information on the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200302185

Larry L. Laine

Chief Clerk/Deputy Land Commissioner

Coastal Coordination Council

Filed: April 2, 2003

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Sections 303.003, 303.005, and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 04/07/03 - 04/13/03 is 18% for Consumer ¹ /Agricultural/Commercial ² /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 04/07/03 - 04/13/03 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Sec. 303.005 ³ for the period of 04/01/03 - 04/30/03 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Sec. 303.005 for the period of 04/01/03 - 04/30/03 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

³ For variable rate commercial transactions only.

TRD-200302151

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 1, 2003

Deep East Texas Council of Governments

Request for Qualifications for Regional Hazard Mitigation Plan

Request for Qualifications for Regional Hazard Mitigation Plan Deep East Texas Council of Governments (DETCOG) is serving as the lead agency for collaboration among local Offices of Emergency Management in Angelina, Houston, Jasper, Nacogdoches, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity and Tyler counties to compile a comprehensive regional plan that evaluates the nature, and extent of vulnerability of the tri-county region as it relates to natural hazards such as hurricanes, tornadoes, storms, high water, fire, drought, snow storms, wild land fires, etc and which complies with state and federal mitigation plan requirements within the established time frame. To achieve this objective, DETCOG is facilitating the procurement of a consultant to develop the Deep East Texas Regional Mitigation Plan (DETRMP).

Creating the DETRMP will consist of the following major tasks:

1) providing guidance, technical assistance and leadership to local jurisdictions to procure the data necessary for the hazard analysis, Annex P and mitigation Action Plan for their respective communities.

2) aggregating the individual local jurisdiction components into a comprehensive regional Hazard Mitigation Plan that is acceptable to the Federal Emergency Management Agency (FEMA) and the Texas Division of Emergency Management (DEM).

Submitting the individual components and comprehensive Deep East Texas Regional Mitigation Plan to DETCOG in written and electronic format. Specific FEMA Requirements include:

The Deep East Texas Regional Mitigation Plan shall contain the following:

P-1. Identify local, state and federal legal authorities pertinent to the subject of the annex, in addition to those cited in the Basic Plan.

P-2. Include a purpose statement that describes the reason for development of the annex.

P-3. Define terms and explain acronyms and abbreviations used in the annex.

P-4. Include a situation statement related to the subject of the annex.

P-5. Include a list of assumptions that influence hazard mitigation operations.

P-6. Describe the mitigation process and pre and post-disaster operations of local hazard mitigation program.

P-7. Describe the purpose, desired composition, and organization of the local hazard mitigation team.

P-8. Describe the interaction and coordination between the local hazard mitigation team and the state hazard mitigation team.

P-9. Describe how local hazard analysis will be developed, maintained and distributed and how those who need access to it can obtain it.

P-10. Describe the relationship between the state and local hazard analysis and the uses of those documents.

P-11. Describe how the local Mitigation Action Plan will be developed, maintained, and distributed and how those who need access to it can obtain it.

P-12. Describe the relationship and consistency between the state and local hazard mitigation plans.

P-13. Describe the interaction and coordination between the local hazard mitigation team, the local hazard analysis, and the local hazard mitigation plan.

P-14. Describe and depict the organization of the local hazard mitigation team to include all agencies/organizations that provide representatives to them.

P-15. Identify by position the individual responsible to serve as the local mitigation coordinator.

P-16. Identify the specific mitigation tasks and responsibilities of the Hazard Mitigation Coordinator.

P-17. Identify the general mitigation tasks and responsibilities shared by all team members.

P-18. Assign responsibility for the development, annual review, update and distribution of the local Hazard Mitigation Action Plan.

P-19. Assign responsibility for the development, annual review, update, and distribution of the local Mitigation Action Plan.

P-20. Assign responsibility for coordinating with and assisting the state hazard mitigation team during post-disaster action.

P-21. Identify the lines of succession for the HMC and the HMT.

P-22. Identify the policies on reporting and the maintenance of records concerning mitigation actions.

P-23. Specify the individual(s) by position responsible for developing and maintaining the annex.

P-24. Identify references pertinent to the content of the annex.

P-25. Identify the current local Hazard Analysis.

P-26. Identify the current local Mitigation Action Plan.

P-27. Include a list of agencies assigned to the HMT.

P-28. Include a Hazard Mitigation Team Report format and instructions for filing the report.

P-29. Define area covered by mitigation action plan and explain relationship to area(s) covered by hazard analysis and emergency management plans.

P-30. Identify political sub-divisions within the area.

P-31. Identify river basis, watersheds, and reservoirs that affect area.

P-32. Include discussion of geography, population, industries, and trends concerning future population, economic growth, and land use/development in the area.

P-33. Identify communities designated for special consideration because of minority or economically disadvantaged populations. Explain state and/or federal designations for each identified community.

P-34. Identify date of current hazard analysis and explain scheduled review process.

P-35. Identify past emergencies and disasters affecting the area. List hazards, occurrence dates, and consequences.

P-36. Identify hazards (natural hazards and other hazards) that cause the area to be vulnerable and at risk and describe quantitative (in terms of existing and estimated numbers and types) vulnerability, risk and potential dollar loses from each identified hazard to the following:

P-36.01. People

P-36.02. Housing Units

P-36.03. Critical Facilities

P-36.04. Special Facilities

P-36.05. Infrastructure and Lifelines

P-36.06. Hazmat Facilities; and

P-36.07. Commercial Facilities

P-37. Identify membership and functions of Hazard Mitigation Team

P-38. Identify active public-private partnerships and discuss the opportunities provided and their participation in development, implementation and maintenance of the mitigation action plan and other activities to reduce vulnerabilities and risk in the area.

P-39. Describe actions to share information, invite active participation, and coordinate plan development, implementation and maintenance with neighboring local governments.

P-40. Describe public involvement and participation in the development and implementation of the mitigation action plan. Include explanation of how public comments were invited and provided.

P-41. Identify actions and methods used to inform, educate and involve the public in vulnerability and risk reduction activities.

P-42. Identify and assess the effectiveness of previously implemented mitigation measures and of current mitigation-related policies, plans, practices and programs to include the following:

P-42.01. Hazard Mitigation Grant Program (HMGP) projects

P-42.02. Public Assistance (PA) program projects

P-42.03. Corps of Engineers studies, plans and projects

P-42.04. Plans, studies, and projects that received federal funding from the Texas Water Development Board (TWDB)

P-42.05. Actions and projects that received federal funding from Project Impact (PI), the Pre-Disaster Mitigation (PDM) program, or annual Property Protection-Mitigation (PP-M) program

P-42.06. Current master drainage, and storm water management plans

P-42.07. Current comprehensive, and capital improvement plans

P-42.08. Current building and fire codes. Identify date and type of codes in use and describe inspection/permit process, number and qualifications of inspection/permit process, number and qualifications of inspectors, and number of building starts and inspections conducted during last twelve month period

P-42.09. Findings/results of Building Code Effectiveness Grading Report (BCEGS). Include date of report and score received.

P-42.10. Current floodplain management ordinance(s) court order(s). Identify dates adopted and explain inspection/permit process, numbers and qualifications of floodplain administrators and staff, number of inspections and permits approved and the number and an explanation for why permit variances were allowed during the last twelve month period; and

P-42.11. Community Assistance Visit (CAV) report(s), Flood Insurance Studies and other technical assistance reports/findings. Identify type and date of current floodplain maps, repetitive loss category, and participation in the Community Rating System (CRS).

P-43. Describe mitigation goals and long-term strategy. Explain relationship and conformance with state mitigation goals and strategies, and the National Flood Insurance Program (NFIP).

P-44. Identify a prioritized listing of proposed mitigation actions that are consistent with the local hazard analysis, and provide details concerning what benefits will be achieved, who will accomplish the action, estimated costs, how it will be funded and an implementation and work schedule.

P-45. Identify dates and documentation of approval, adoption and implementation maintenance commitment by authorized official(s) of all political jurisdictions that participated in the plan development process and are covered by the mitigation action plan.

P-46. Include requirements for conducting and reporting an annual review and updating the mitigation action plan at least every five years. Describe actions to involve the public in the plan update process.

P-47. Identify the mitigation action plan title, area covered, date adopted, and locations where current copies are available for review.

P-48. Identify the impact of emergencies and disasters that occurred during the year. Impact to floodplains, repetitive loss areas and an assessment of effectiveness of previous and on going mitigation measures.

P-49. Identify prioritized list of proposed mitigation actions from mitigation action plan and discuss implementation problems and recommended solutions.

P-50. Identify and discuss any new mitigation measures to be added to mitigation action plan.

P-51. Identify name, phone, fax and e-mail address of person(s) that conducted the review and date prepared and submitted to DEM. Contact: Van Bush, Project Manager, DETCOG, 274 E. Lamar, Jasper, Texas 75751, vbush@detcog.org , (409) 384-5704, extension 265. Closing Dates: If your firm is interested and qualified to provide professional services to conduct the work necessary for the DETRMP, please contact Van Bush via letter or e-mail addressed to Van Bush, 274 E. Lamar, Jasper, Texas 75751, vbush@detcog.org. All responding firms will receive a complete Request for Qualifications package. Final proposals will be due by 5 PM, CST, April 17, 2003.

Proposals will be reviewed by a technical committee based on Consultant Selection Criteria included in the Request for Qualifications package mailed to interested parties.

TRD-200302128

Van Bush

Director of Emergency Preparedness Task Force

Deep East Texas Council of Governments

Filed: March 31, 2003

Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding FAST FABRICATORS, INC., Docket No. 2000-1287- AIR-E on March 24, 2003 assessing $6,000 in administrative penalties.

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

A default order was entered regarding JAMIL SAYFI DBA FARMERS TRAVEL CENTER, Docket No. 2002-0206-MLM-E on March 24, 2003 assessing $92,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LISA LEMANCZYK, Staff Attorney at (512)239-5935, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding OFFICE CREEK CORPORATION DBA ARTIC BEER AND WINE, Docket No. 2002-0301-PST-E on March 24, 2003 assessing $21,000 in administrative penalties with $4,200 deferred.

Information concerning any aspect of this order may be obtained by contacting TODD HUDDLESON, Enforcement Coordinator at (512)239-1105, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding OCCIDENTAL CHEMICAL CORPORATION, Docket No. 2002-0436-AIR-E on March 24, 2003 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting KATHARINE HODGINS, SEP Coordinator at (512)239-6122, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LEWIS MCCREARY AND JEFF KORICANEK DBA KORICANEK POULTRY FARM, Docket No. 2002-0550-AGR-E on March 24, 2003 assessing $6,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting EDWARD MODEROW, Enforcement Coordinator at (361)825-3288, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JIM HUBBLE AND JUDY HUBBLE DBA JUDY K'S KOUNTRY KITCHEN, Docket No. 2002-0939-PWS-E on March 24, 2003 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting KENT HEATH, Enforcement Coordinator at (512)239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JIM HOGG COUNTY, Docket No. 2002-0382-MSW-E on March 24, 2003 assessing $12,500 in administrative penalties.

An agreed order was entered regarding JARVIS ENTERTAINMENT GROUP, INC. DBA TOMBALL BOWLING CENTER, Docket No. 2002-0974-PWS-E on March 24, 2003 assessing $1,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JOHN MEAD, Enforcement Coordinator at (512)239-6010, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding INDUSTRIAL PIPE AND PLASTICS OF TEXAS, INC., Docket No. 2002-0795-AIR-E on March 24, 2003 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting REBECCA CLAUSEWITZ, Enforcement Coordinator at (210)403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF WEATHERFORD, Docket No. 2001-1171- MSW-E on March 24, 2003 assessing $13,875 in administrative penalties.

An agreed order was entered regarding VARCO, L.P. DBA TUBOSCOPE VETCO INTERNATIONAL, INC., Docket No. 2002-0497-AIR-E on March 24, 2003 assessing $8,250 in administrative penalties with $1,650 deferred.

An agreed order was entered regarding VALENCE OPERATING COMPANY, Docket No. 2002-0373-AIR-E on March 24, 2003 assessing $11,250 in administrative penalties with $2,250 deferred.

An agreed order was entered regarding TEXPENN, INC., Docket No. 2002-0780-MSW-E on March 24, 2003 assessing $250 in administrative penalties with $50 deferred.

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

An agreed order was entered regarding RENFAIRE WATER SUPPLY, INC., Docket No. 2001- 1475-PWS-E on March 24, 2003 assessing $9,438 in administrative penalties with $8,838 deferred.

Information concerning any aspect of this order may be obtained by contacting MICHAEL MEYER, Enforcement Coordinator at (512)239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FIELDER BURNETT DBA PONDEROSA MOBILE HOME COMPLEX, Docket No. 2002-0802-PWS-E on March 24, 2003 assessing $1,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting RONNIE KRAMER, Enforcement Coordinator at (806)468-0512, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF PASADENA, Docket No. 2002-0701-MWD-E on March 24, 2003 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SHEILA SMITH, Enforcement Coordinator at (512)239-1670, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THOMAS AND SHERRY NICKELS, Docket No. 2002- 0961-OSS-E on March 24, 2003 assessing $250 in administrative penalties with $50 deferred.

An agreed order was entered regarding MARTA CABALLERO DBA CABALLERO'S SEPTIC CLEANING, Docket No. 2002-1231-SLG-E on March 24, 2003 assessing $800 in administrative penalties with $160 deferred.

Information concerning any aspect of this order may be obtained by contacting SANDRA ALANIS, Enforcement Coordinator at (956)430-6044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BEST FRIEND'S TREASURES, INC. DBA BFT FAMILY TRAILER PARK, Docket No. 2002-0889-PWS-E on March 24, 2003 assessing $1,563 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SHAWN STEWART, Enforcement Coordinator at (512)239-6684, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BECK-REIT & SONS CONSTRUCTION COMPANY, LTD., Docket No. 2002-0215-EAQ-E on March 24, 2003 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting MALCOLM FERRIS, Enforcement Coordinator at (210)403-4061, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ARTHUR BAYER DBA BAYER WATER SYSTEM, Docket No. 2002-0782-PWS-E on March 24, 2003 assessing $500 in administrative penalties with $100 deferred.

An agreed order was entered regarding BARGAS, INC., Docket No. 2002-0648-MSW-E on March 24, 2003 assessing $250 in administrative penalties with $50 deferred.

Information concerning any aspect of this order may be obtained by contacting GARY SHIPP, Enforcement Coordinator at (806)796-7092, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ARC COMMUNITIES 8 LLC DBA ALEDO ESTATES MANUFACTURED HOME COMMUNITY, Docket No. 2002-0715-PWS-E on March 24, 2003 assessing $563 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting CHERYL THOMPSON, Enforcement Coordinator at (817)588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AMERIPOL SYNPOL CORPORATION, Docket No. 2002-0645-IHW-E on March 24, 2003 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting STEVEN LOPEZ, Enforcement Coordinator at (512)239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AES DEEPWATER, INC., Docket No. 2002-0612-AIR- E on March 24, 2003 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting CARL SCHNITZ, Enforcement Coordinator at (512)239-1892, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MARIA ISABEL SOLIS FORMERLY DBA THE GOLDMINE, Docket No. 2002-0102-PST-E on March 24, 2003 assessing $11,000 in administrative penalties with $10,400 deferred.

An agreed order was entered regarding GARCIA GRAIN TRADING CORPORATION, Docket No. 2002-0836-AIR-E on March 24, 2003 assessing $3,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JAIME GARZA, Enforcement Coordinator at (956)430-6030, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EQUISTAR CHEMICALS, L.P., Docket No. 2002- 0863-AIR-E on March 24, 2003 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting TRINA GRIECO, Enforcement Coordinator at (713)767-3607, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding UNITED SERVICES AUTOMOBILE ASSOCIATION, Docket No. 2002-0321-AIR-E on March 24, 2003 assessing $2,250 in administrative penalties with $450 deferred.

An agreed order was entered regarding DARNELL & DICKSON CONSTRUCTION, INC., Docket No. 2002-0339-PST-E on March 24, 2003 assessing $18,500 in administrative penalties with $3,700 deferred.

An agreed order was entered regarding DYNEGY MIDSTREAM SERVICES, L.P., Docket No. 2001-1331-AIR-E on March 26, 2003 assessing $34,900 in administrative penalties with $6,980 deferred.

Information concerning any aspect of this order may be obtained by contacting JUDY FOX, Enforcement Coordinator at (817)588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ESCONDIDO CREEK ESTATES, INC., Docket No. 2002-0885-PWS-E on March 24, 2003 assessing $1,150 in administrative penalties with $230 deferred.

An agreed order was entered regarding FIVE STAR TRANSPORTATION, L.P., Docket No. 2002-0869-PWS-E on March 24, 2003 assessing $938 in administrative penalties.

An agreed order was entered regarding FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 23, Docket No. 2002-0876-MWD-E on March 24, 2003 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting CATHERINE SHERMAN, Enforcement Coordinator at (713)767-3624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GB BIOSCIENCES CORPORATION, Docket No. 2002- 0346-IHW-E on March 24, 2003 assessing $6,250 in administrative penalties with $1,250 deferred.

An agreed order was entered regarding GOODYEAR TIRE AND RUBBER COMPANY, Docket No. 2002-0879-AIR-E on March 24, 2003 assessing $34,000 in administrative penalties with $6,800 deferred.

Information concerning any aspect of this order may be obtained by contacting LAURA CLARK, Enforcement Coordinator at (409)899-8760, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TIMOTHY P. RICHARDSON DBA INTEGRITY TREE CARE AND LANDSCAPING, Docket No. 2002-0634-AIR-E on March 24, 2003 assessing $2,500 in administrative penalties with $1,900 deferred.

Information concerning any aspect of this order may be obtained by contacting CAROLYN LIND, Enforcement Coordinator at (903)535-5145, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HUFF BROUS MCDOWELL & MONTESI MANAGEMENT, INC., Docket No. 2002-0857-PWS-E on March 24, 2003 assessing $3,250 in administrative penalties.

An agreed order was entered regarding CONOCO, INC., Docket No. 2002-0767-AIR-E on March 24, 2003 assessing $41,575 in administrative penalties with $8,315 deferred.

Information concerning any aspect of this order may be obtained by contacting GEORGE ORTIZ, Enforcement Coordinator at (915)698-6106, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DIAMOND SHAMROCK REFINING COMPANY, L.P., Docket No. 2002-0181-AIR-E on March 24, 2003 assessing $149,125 in administrative penalties with $29,825 deferred.

An agreed order was entered regarding JUAN R. GARZA DBA CIRCLE PALMS, Docket No. 2002-0083-PST-E on March 24, 2003 assessing $25,000 in administrative penalties with $16,000 deferred.

An agreed order was entered regarding VALLEY BY PRODUCTS, INC., Docket No. 2001- 1172-MLM-E on March 24, 2003 assessing $46,875 in administrative penalties.

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

An agreed order was entered regarding SOUTHERN LIVESTOCK, INC., Docket No. 2002- 0900-MWD-E on March 24, 2003 assessing $1,250 in administrative penalties.

TRD-200302150

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 1, 2003

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 12, 2003 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 12, 2003 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Bert Dickens, Inc. dba Vista Ranch Water Supply; DOCKET NUMBER: 2001- 1562-PWS-E; TCEQ ID NUMBER: 0750039; LOCATION: three miles south of Smithville, two miles east of State Highway 95 on Zapalac Road, Fayette County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(3)(A), by failing to submit well completion data, 30 TAC §290.43(e), by failing to provide a lock for the gate on the fence around the ground storage tank and an intruder-resistant fence around the pressure tank; 30 TAC §290.41(c)(3)(O), by failing to provide an intruder-resistant fence around the well; 30 TAC §290.41(c)(3)(N), by failing to install a meter at each well site; 30 TAC §290.41(c)(3)(P), by failing to provide an all weather access road to the wells; 30 TAC §290.41(c)(3)(K), by failing to seal wellheads and pump bases and provide screened well casing vents; 30 TAC §290.44(h)(1)(A) and Texas Health and Safety Code (THSC), §341.033, by failing to install backflow prevention devices where an actual or potential contamination hazard exists; 30 TAC §290.46(d)(2)(A), by failing to maintain a free chlorine residual of 0.2 milligrams per liter; 30 TAC §290.46(f)(2), by failing to make the water system's operating records accessible during the investigation; 30 TAC §290.42(e)(2), by failing to disinfect water before storage; 30 TAC §290.42(i), by failing to use a treatment chemical which conforms to American National Standards Institute/National Sanitation Foundation; 30 TAC §290.46(n)(2), by failing to make available an accurate, up-to-date map of the distribution system; 30 TAC §290.46(t), by failing to provide a system ownership sign; 30 TAC §290.46(r), by failing to maintain a minimum water pressure of 35 pounds per square inch; 30 TAC §290.42(e)(7), by failing to house the hypochlorination solution containers in a secure enclosure; 30 TAC §290.43(c)(3), by failing to provide the ground storage tank with a properly constructed overflow; 30 TAC §290.43(c)(4), by failing to provide the ground storage tank with a liquid level indicator; 30 TAC §290.43(c)(6), by failing to ensure the storage tank is tight against leakage; 30 TAC §290.44(c), by failing to install required size transmission lines; and 30 TAC §290.44(a)(4), by failing to locate water lines a minimum of 24 inches below ground surface; PENALTY: $14,563; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Dorothy A. Essex dba Oak Hill Acres Mobile Home Subdivision; DOCKET NUMBER: 2000-0830-PWS-E; TCEQ ID NUMBER: 0150156; LOCATION: 29042 Blueberry Lane, Marion, Bexar County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §291.101(a) and TWC, §13.242(a), by failing to obtain from the commission a certificate of convenience and necessity before rendering retail water service to the public, 30 TAC §290.46(e)(1) and THSC, §341.033(a), by failing to operate the system at all times under the direct daily supervision of a competent water works operator holding a Grade "D" or higher operator's certificate of competency; 30 TAC §290.45(b)(1)(B)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of 2.0 gallons per connection; 30 TAC §290.45(b)(1)(B)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.44(d)(4), by failing to provide accurate metering devices at each service connection for the accumulation of water usage data; 30 TAC §290.46(f)(3)(E)(iv), by failing to keep on file and make available for commission review copies of customer service inspection certificates; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement covering all property within 150 feet of the well; 30 TAC §290.46(n), by failing to provide a map of the distribution system; 30 TAC §290.46(n)(3), by failing to keep on file and make available for commission review a copy of the well log; 30 TAC §290.46(f), by failing to keep on file and make available for commission review records of ground storage and pressure tank inspections; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block surrounding the well that extends at least three feet from the well casing in all directions with a minimum thickness of six inches and sloped to drain away from the well head; 30 TAC §290.41(c)(3)(N), by failing to install a flow meter on the well pump discharge line; 30 TAC §290.43(c)(6), by failing to maintain all water storage facilities in a water tight condition; THSC, §341.036(g), by failing to provide a ground storage tank constructed to prevent the entrance of dirt, insects, and surface seepage; 30 TAC §290.43(c)(2), by failing to provide a roof hatch cover on the ground storage tank that overlaps the raised curbing at least two inches and in a downward position and failing to keep the roof hatch locked; 30 TAC §290.117(c), by failing to conduct lead and copper sampling; and 30 TAC §290.51, by failing to pay public health service fees; PENALTY: $2,501; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: Leland Duncan dba Duncan's Full Service; DOCKET NUMBER: 2002-0843- PST-E; TCEQ ID NUMBER: 27008; LOCATION: 501 East 1st Street, Idalou, Lubbock County, Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC §334.49(a) and THSC, §26.3475(d), by failing to install a corrosion protection system to protect each of the underground storage tank (UST) systems from corrosion; 30 TAC §334.50(a)(1)(A) and TWC, §26.3475, by failing to provide an approved method of release detection capable of detecting a release from any portion of the UST systems; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases; 30 TAC §334.7(d)(1)(A) and (B), by failing to provide written notice to the TCEQ of any changes or additional information concerning the UST systems; 30 TAC §334.47(a)(2), by failing to permanently remove from service within 60 days any existing UST systems that were not brought into timely compliance with upgrade requirements; and 30 TAC §334.22(a), by failing to timely pay annual facility UST fees; PENALTY: $9,975; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Lubbock Regional Office, 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(4) COMPANY: Miracle Wash, Inc. dba Miracle Wash and Detail; DOCKET NUMBER: 2001- 1159-PST-E; TCEQ ID NUMBER: 48556; LOCATION: 5134 Weber Road, Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: car wash with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §34.50(b)(1)(A) and TWC, §26.3475, by failing to monitor USTs for releases at a frequency of at least once every month; and 30 TAC §334.54(b)(2), by failing to assure that, with the exception of vent lines, all piping, pumps, manways, and ancillary equipment shall be capped, plugged, locked, and/or otherwise secured to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $5,400; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825- 3100.

(5) COMPANY: U.S. Stone Inc.; DOCKET NUMBER: 2000-0982-AIR-E; TCEQ ID NUMBER: 93-8502-E; LOCATION: 2914 South Highway 101, Bridgeport, Wise County, Texas; TYPE OF FACILITY: rock crushing plant; RULES VIOLATED: 30 TAC §101.20, THSC, §382.085(b), 40 Code of Federal Regulations (CFR) §60.7(a), and TCEQ Agreed Order Number 1999-0966-AIR-E, Ordering Provision Number 2.a.i., by failing to submit written notificiation to the ED indicating the date of initial start up; 30 TAC §101.20, THSC, §382.085(b), 40 CFR §60.8 and §60.11(e)(1), and TCEQ Agreed Order Number 1999-0966-AIR-E, Ordering Provision Number 2.b., by failing to conduct an opacity observation as well as the initial performance test to verify the standards for particulate matter were satisfied; and 30 TAC §116.110(a), THSC, §382.085(b), and TCEQ Agreed Order Number 1999-0966-AIR-E, Ordering Provision Number 2.a.ii., by failing to satisfy all conditions for exempt rock crushing facilities by installing a rock crusher with a rated capacity greater than 200 tons per hour and by failing to maintain records of the actual production rate; PENALTY: $5,625; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200302154

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 1, 2003

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 12, 2003 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 12, 2003 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Bayou Incorporated dba Bayou Food Store; DOCKET NUMBER: 2000-0952- PWS-E; TCEQ ID NUMBER: 0840171; LOCATION: Highway 146 1/2 mile south of Farm-to-Market Road 517, San Leon, Galveston County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c) and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis; 30 TAC §290.109(c)(3), by failing to collect and submit repeat water samples for bacteriological analysis following a total coliform-positive sample; 30 TAC §290.109(c)(2)(F), by failing to collect and submit additional routine samples for bacteriological analysis following a total coliform-positive sample; and 30 TAC §290.109(g), by failing to provide public notice of the failure to conduct required sampling; PENALTY: $3,000; STAFF ATTORNEY: Ben DeLeon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(2) COMPANY: City of Llano; DOCKET NUMBER: 2002-0020-PWS-E; TCEQ ID NUMBER: 1500001; LOCATION: 203 West Haynie, Llano, Llano County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(1), by failing to flush all dead end mains at monthly intervals or more frequently as required; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the reliability and general appearance of the system's facilities and equipment; 30 TAC §290.46(e)(2), by failing to have a certified Class "C" surface water operator on duty when the surface water plant is in operation or provide the plant with continuous turbidity and disinfectant residual monitors with automatic plant shutdown devices and alarms to summon the operator to ensure that the water produced continues to meet the commission's drinking water standards; 30 TAC §290.46(r), by failing to operate the water system to provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; 30 TAC §290.42(d)(2), by failing to provide flow measuring devices to measure the recycled decant water; 30 TAC §290.44(h)(1)(A), by failing to provide, at any residence or establishment where an actual or potential contamination hazard exists, additional protection at the meter in the form of an air gap or backflow prevention assembly; and 30 TAC §290.42(e)(6), by failing to provide adequate ventilation for all enclosures in which gas chlorine is being stored or fed; PENALTY: $10,750; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(3) COMPANY: The City of Socorro; DOCKET NUMBER: 2001-1335-AIR-E; TCEQ ID NUMBER: EE-1399-W; LOCATION: Quail Mesa and Mankato, Socorro, El Paso County, Texas; TYPE OF FACILITY: maintenance of the city streets of Quail Mesa and Mankato; RULES VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to adequately control dust emission from the streets; PENALTY: $2,500; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(4) COMPANY: Duke Energy Field Services, L.P.; DOCKET NUMBER: 2001-1384-AIR-E; TCEQ ID NUMBER: JC-0067-H; LOCATION: 428 County Road 200, Brookeland, Jasper County, Texas; TYPE OF FACILITY: natural gas plant; RULES VIOLATED: 30 TAC §§101.20, 122.143(4), 122.145(1)(A) - (C) and (2)(A) - (C), 122.146(5)(D), 122.514(b)(1) and (2) and (c)(5), 40 Code of Federal Regulations (CFR) §60.487(a) and §60.636(a), and THSC, §382.085(b), by failing to submit semiannual reports for volatile organic compounds applicable to fugitive monitoring to the executive director for each six-month period after permit issuance within 30 days after the end of the reporting period; and 30 TAC §§122.46(1), 122.143(4), 122.514(b)(1) and (2), and THSC, §382.085(b), by failing to certify compliance with the terms and conditions of Title V Permit (O- 00768); PENALTY: $18,750; STAFF ATTORNEY: John Sumner, Litigation Division, MC R-7, (915) 620-6118; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200302153

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 1, 2003

Notice of Water Rights Application

Notice mailed March 27, 2003.

Application No. 12-4355B; City of Marlin, P.O. Box 980, Marlin, Texas 76661, applicant, seeks an extension of time to commence and complete construction of a dam and reservoir authorized in Certificate of Adjudication No. 12-4355, as amended, pursuant to Texas Water Code 11.122 and Texas Commission on Environment Quality Rules 30 TAC 295.1, et seq. Certificate of Adjudication No. 12-4355, as amended, authorizes the Applicant, to maintain two existing dams and reservoirs (New Marlin Reservoir and Marlin City Lake) on Big Sandy Creek in the Brazos River Basin, in Falls County, Texas and impound therein no more than 3,135 acre-feet of water and 791 acre-feet of water, respectively. Owner is also authorized to construct/modify Soil Conservation Service Dam, SCS Site No. 19, on Brushy Creek and impound therein no more than 6,560 acre/feet of water. The Certificate, as amended, authorizes the City of Marlin to divert and use no more than 4,000 acre-feet of water per year from New Marlin Reservoir and/or Brushy Creek Reservoir for municipal purposes, no more than 2,000 acre-feet of water per year from the Brazos River for municipal purposes, no more than 2,000 acre-feet of water per year from the Brazos River for industrial purposes, and to use the water impounded in all the lakes for recreational purposes. Water diverted from the Brazos River may be stored in the lakes for subsequent diversion and use. Marlin City Lake is authorized for municipal use as a sedimentation basin. The City of Marlin seeks authorization to extend the date by which the commencement of construction and modification of the dam and reservoir forming Brushy Creek Reservoir must occur from the current date of April 19, 1998 to May 8, 2004. The applicant also seeks to extend the authorized completion date of Brushy Creek Reservoir from April 19, 2003 to May 8, 2009. The original commencement and completion dates for the project were April 19, 1991 and April 19, 1996. The applicant has indicated as reasons for the delay of commencement of construction and the need for an extension: 1) difficulties in obtaining required acreage, including negotiation and delay in condemnation hearings; 2) change in management of the Water Control and Improvement District; and resultant delays from merger and change of ownership and 3) change in City Management. The application was received on May 17, 2002 and additional information was received on September 5, 2002, October 11, 2002, and November 7, 2002. The application was determined to be administratively complete and filed on January 2, 2003. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

Information Section

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

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

TRD-200302149

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 1, 2003

Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission 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 May 12, 2003 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission 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 proposed AO is available for public inspection at both the commission'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 an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 12, 2003 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239- 2550. The commission 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 commission in writing .

(1) COMPANY: Richard Alonso dba Alonso Inspections; DOCKET NUMBER: 2002-1159- AIR-E; IDENTIFIER: Enforcement Identification Number 18590; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: vehicle safety and emission certification station; RULE VIOLATED: 30 TAC §114.50(d)(1) and THSC, §382.085(b), by allowing the issuance of a vehicle inspection report without conducting all of the required pollution emissions control tests; PENALTY: $625; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Jewel Alt dba Alt Dairy Farm; DOCKET NUMBER: 2002-1364-AGR-E; IDENTIFIER: Water Quality Permit Number 04108; LOCATION: Hico, Hamilton County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31(a), §321.39(f)(19)(A), (C), (D), and (F), Water Quality Permit Number 04108, and the Code, §26.121, by failing to prevent the discharge or drainage of irrigated wastewater, by allowing irrigation with wastewater when the ground was saturated, failing to manage irrigation practices, and failing to maintain the control berm; PENALTY: $4,644; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239- 4490; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751- 0335.

(3) COMPANY: Robert Bader and Cindy Bader; DOCKET NUMBER: 2002-0661-MLM-E; IDENTIFIER: Air Account Number MJ-0058-A and Unauthorized Site Number 455130037; LOCATION: Hondo, Medina County, Texas; TYPE OF FACILITY: private property; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by conducting unauthorized outdoor burning of municipal solid waste (MSW) and 30 TAC §330.5(a), by conducting unauthorized disposal of MSW; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: Cambs Marine Service, L.L.C.; DOCKET NUMBER: 2002-0953-AIR-E; IDENTIFIER: Air Account Number JE-0901-Q; LOCATION: near Winnie, Jefferson County, Texas; TYPE OF FACILITY: chemical storage yard; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent the discharge of one or more air contaminant; 30 TAC §106.8(c)(4) and THSC, §382.085(b), by failing to maintain records of the vapor pressure of the material stored at the site; 30 TAC §106.4(c) and THSC, §382.085(b), by failing to maintain the required emission control equipment; and 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0515(a), by failing to obtain a permit or permit by rule for two storage tanks; PENALTY: $7,350; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Chemicals Incorporated; DOCKET NUMBER: 2002-1417-IWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 03713-000; LOCATION: near Baytown, Chambers County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 03713-000, and the Code, §26.121, by failing to comply with effluent limits; PENALTY: $4,350; ENFORCEMENT COORDINATOR: Kimberly McGuire, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Nasim Shakeeb dba Clark Road Mobil; DOCKET NUMBER: 2002-1409-AIR- E; IDENTIFIER: Air Account Number DB-5358-M; LOCATION: Duncanville, Dallas County, Texas; TYPE OF FACILITY: vehicle safety/emission certification station; RULE VIOLATED: 30 TAC §114.50(d) and THSC, §382.085(b), by failing to properly conduct a vehicle emissions inspection test; PENALTY: $575; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239- 1892; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Robert Lavern dba Cottonwood Creek Mobil Home Park; DOCKET NUMBER: 2002-0402-MSW-E; IDENTIFIER: Enforcement Identification Number 17726; LOCATION: Lancaster, Dallas County, Texas; TYPE OF FACILITY: mobile home park; RULE VIOLATED: the Code, §26.121, by failing to prevent unauthorized discharges of raw sewage; the Code, §26.039(b), by failing to report an unauthorized discharge as soon as possible; and 30 TAC §290.51(a)(3), by failing to pay public health service fees; PENALTY: $11,200; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Diamond Shamrock Refining Company, L.P.; DOCKET NUMBER: 2002- 1233-AIR-E; IDENTIFIER: Air Account Number LK-0009-T; LOCATION: Three Rivers, Live Oak County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.20(3), §116.115(c), Air Permit Number 19108/PSD-TX331M1, and THSC, §382.085(b), by failing to test the utility boiler associated with emission point B-009; PENALTY: $1,840; ENFORCEMENT COORDINATOR: Edward Moderow, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(9) COMPANY: Environmental Care, Inc.; DOCKET NUMBER: 2002-1368-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0071805; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: landscaping; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i) and the Code, §26.346(a) and §26.3467(a), by failing to submit an underground storage tank (UST) registration and self-certification form and make available to a common carrier a valid, current delivery certificate; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Juan J. Garza; DOCKET NUMBER: 2002-1374-MSW-E; IDENTIFIER: Unauthorized Tire Site Number COT0004; LOCATION: Kingsville, Kleberg County, Texas; TYPE OF FACILITY: unauthorized tire site; RULE VIOLATED: 30 TAC §328.57(c)(1) and (3), by failing to obtain a scrap tire transporter registration and failing to transport tires to an authorized site; 30 TAC §328.60(a), by failing to obtain a scrap tire storage site registration; and 30 TAC §328.63(c), by failing to obtain a scrap tire facility registration; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Edward Moderow, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(11) COMPANY: Harris County Municipal Utility District Number 166; DOCKET NUMBER: 2003-0011-MWD-E; IDENTIFIER: Water Quality Permit Number 12474-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12474-001, and the Code, §26.121, by failing to comply with permitted effluent limits for total suspended solids (TSS); PENALTY: $2,400; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: King Fuels, Inc.; DOCKET NUMBER: 2002-1325-PST-E; IDENTIFIER: Regulated Entity Number 103004602; LOCATION: Friendswood, Galveston County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that an owner has a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: City of Kingsville; DOCKET NUMBER: 2002-0336-MWD-E; IDENTIFIER: Water Quality Permit Number 0010696-002; LOCATION: Kingsville, Kleberg County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), Water Quality Permit Number 0010696-002, and the Code, §26.121, by failing to comply with permit limits, failing to ensure that the facility collection, treatment, and disposal systems are properly operated and maintained, failing to comply with permitted effluent limits for TSS, ammonia-nitrogen, and fecal coliform, and failing to prevent the unauthorized discharge of untreated waste; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Edward Moderow, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(14) COMPANY: Lower Valley Water District; DOCKET NUMBER: 2002-1042-PWS-E; IDENTIFIER: Public Water Supply Number 0710154; LOCATION: Clint, El Paso County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: THSC, §341.033(c), by failing to test the water from the facility; and 30 TAC §290.109(c)(2), (f)(3), and (g), §290.122(c), and THSC, §341.033(d), by failing to collect and submit the required number of routine monthly water samples, exceeding the maximum contaminant level for total coliform bacteria, and failing to provide public notification of the sampling deficiencies; PENALTY: $4,928; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(15) COMPANY: Clinton Lynn; DOCKET NUMBER: 2002-1251-MWD-E; IDENTIFIER: Regulated Entity Number 102717634; LOCATION: New Baden, Robertson County, Texas; TYPE OF FACILITY: rental property; RULE VIOLATED: the Code, §26.121(a), by failing to prevent the unauthorized discharge of raw domestic sewage; PENALTY: $760; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(16) COMPANY: Bill L. Dover Company, Inc. dba Newton Jiffy Market; DOCKET NUMBER: 2003-0120-PST-E; IDENTIFIER: PST Facility Identification Number 0071924; LOCATION: Newton, Newton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898- 3838.

(17) COMPANY: Hoang Van Nguyen dba Nick's Grocery; DOCKET NUMBER: 2002-0976- PST-E; IDENTIFIER: PST Facility Identification Number 0047601; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to provide property release detection; 30 TAC §37.815(a)(1) and (b)(1), by failing to demonstrate the required financial responsibility for taking corrective action; 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to have corrosion protection for the UST system; 30 TAC §334.7(d)(3), §334.8(c)(4)(B) and the Code, §26.346(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed; and 30 TAC §334.54(c)(2), by failing to ensure that any residue from stored regulated substances which remain in a temporarily out of service UST, shall not exceed 2.5 centimeters at the deepest point and not exceed 0.3% by weight of the system at full capacity; PENALTY: $600; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(18) COMPANY: Orange County Water Control and Improvement District No. 1; DOCKET NUMBER: 2002-0877-MWD-E; IDENTIFIER: TPDES Permit Number 10875-008; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10875-008, and the Code, §26.121, by failing to meet permitted effluent limitations; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703- 1892, (409) 898-3838.

(19) COMPANY: Paul Peters dba Peters Auto Sales; DOCKET NUMBER: 2002-1208-AIR-E; IDENTIFIER: Regulated Entity Number 102843190; LOCATION: Wylie, Collin County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(2) and THSC, §382.085(b), by allegedly offering for sale to the general public a vehicle with missing or inoperable vehicle emission control devices; PENALTY: $320; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118- 6951, (817) 588-5800.

(20) COMPANY: Petroleum Wholesale, Inc. dba Sunmart #435; DOCKET NUMBER: 2002- 1158-PST-E; IDENTIFIER: PST Facility Identification Number 0045465; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.241 and THSC, §382.085, by failing to install a Stage II vapor recovery system; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Sebastian Cotton and Grain, Ltd.; DOCKET NUMBER: 2003-0105-AIR-E; IDENTIFIER: Air Account Number HN-0137-I and Regulated Entity Identification Number RN100840537; LOCATION: Progreso, Hidalgo County, Texas; TYPE OF FACILITY: grain elevator; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 24808, and THSC, §382.085(b), by failing to equip all loadout devices with drop socks; PENALTY: $510; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(22) COMPANY: Southern Wild Game, Inc.; DOCKET NUMBER: 2002-1100-MLM-E; IDENTIFIER: Enforcement Identification Number 18402; LOCATION: near Devine, Frio County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: the Code, §26.121, by failing to obtain a permit prior to discharging industrial wastewater; and 30 TAC §335.5(a), by failing to record in the Frio county deed records the on-site landfilling of animal carcasses in unlined trenches; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(23) COMPANY: Thousand Trails, Incorporated; DOCKET NUMBER: 2002-1156-MWD-E; IDENTIFIER: Water Quality Permit Number 0014396-001; LOCATION: Gordonville, Grayson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.63(a), §305.125(2), and the Code, §26.121, by failing to renew their permit; PENALTY: $13,650; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: Trinity Bay Conservation District; DOCKET NUMBER: 2002-1354-MWD-E; IDENTIFIER: TPDES Permit Number 10851-001; LOCATION: Winnie, Chambers County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10851-001, and the Code, §26.121, by failing to comply with permitted effluent limits for ammonia-nitrogen and TSS; PENALTY: $7,860; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: City of Weslaco; DOCKET NUMBER: 2002-0664-MSW-E; IDENTIFIER: MSW Permit Number 697; LOCATION: Weslaco, Hidalgo County, Texas; TYPE OF FACILITY: MSW transfer station; RULE VIOLATED: 30 TAC §330.5(a) and (e)(5), by failing to meet the requirements of the general prohibitions and failing to prohibit the disposal of refrigerators, freezers, air conditioners, and any other items containing chlorinated fluorocarbon; 30 TAC §330.150(2) and (5), by failing to comply with the recordkeeping requirements, and failing to prohibit the unloading of waste in unauthorized areas; 30 TAC §328.23 and THSC §371.103(a) and (b), by failing to comply with the general requirements of Subchapter D relating to used oil filter management and recycling; and 30 TAC §324.7 and 40 Code of Federal Regulations §279.22(c), by failing to clearly label or mark used oil containers with the words "used oil"; PENALTY: $10,750; ENFORCEMENT COORDINATOR: Sandra Hernandez Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(26) COMPANY: Western Gas Resources, Inc.; DOCKET NUMBER: 2003-0090-AIR-E; IDENTIFIER: Air Account Number PE-0195-L; LOCATION: Fort Stockton, Pecos County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to timely submit the annual Title V compliance certification; and 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit the deviation report; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(27) COMPANY: Western Gas Resources, Inc.; DOCKET NUMBER: 2003-0074-AIR-E; IDENTIFIER: Air Account Number PE-0127-K; LOCATION: Fort Stockton, Pecos County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to timely submit the annual Title V compliance certification; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(28) COMPANY: Majid Asadifar dba Westwood Auto Parts; DOCKET NUMBER: 2002-1330- OSS-E; IDENTIFIER: On-Site Sewage Facility Permit Number 079072; LOCATION: Houston, Fort Bend County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.7(c)(2) and THSC, §366.0515(d), by failing to submit a copy of a new maintenance contract to the permitting authority; PENALTY: $190; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

TRD-200302130

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 1, 2003

General Land Office

Notice of Approval of Coastal Boundary Survey

Pursuant to §33.136 of the Texas Natural Resources Code, notice is hereby given that Jerry Patterson, Commissioner of the General Land Office, approved a coastal boundary survey, submitted by William W. Green, conducted in May of 2000, locating the following shoreline boundary:

Survey in Galveston County, a portion of the Texas Gulf Coast shoreline on Bolivar Peninsula at Caplen Shores located three miles west of Rollover Pass.

For a copy of this survey or more information on this matter, contact Ben Thomson, Director of the Survey Division, Texas General Land Office by phone at 512-463-5212, email ben.thomson@glo.state.tx.us, or fax 512-463-5098.

TRD-200302184

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: April 2, 2003

Golden Crescent Workforce Development Board

Public Notice

The Golden Crescent Workforce Development Board announces the availability of newly developed policies regarding the following topics for public review and comment beginning April 11, 2003, and ending at 5 p.m. on May 11, 2003:

The newly approved customized training waiver under the Workforce Investment Act (WIA) that allows Boards to use a sliding scale employer match of 10 to 50 percent for customized training.

The newly approved waiver under the WIA that allows Older Youth (19-21) and Out-of-School Youth to select training providers from the Eligible Training Providers List; and Availability of Individual Training Accounts for Older Youth and Out-of-School Youth.

The newly approved waiver under the WIA that eliminates the 20 percent limit on transfer of funds between the Adult and Dislocated Worker programs.

The policies can be viewed at the Golden Crescent Workforce Center at one of the following locations:

http://www.gcworkforce.org

The Texas Register

120 S. Main #501, Victoria, TX

1800 S. Highway 35 #H, Pt. Lavaca, TX

1137 N. Esplanade, Cuero, TX

329 W. Franklin, Goliad, TX

427 St. George #101, Gonzales, TX

903 S. Wells, Edna, TX

414 N. Texana #B, Hallettsville, TX

All persons wishing to comment on the policies may do so at one of the addresses above or fax comments to (361) 573-0225 no later than 5 p.m. on May 11, 2003. Any future corrections or changes to this notice and/or the policies may be found at http://www.gcworkforce.org.

The GCWC is an equal opportunity organization.

Auxiliary aides or services are available upon request to those individuals with disabilities.

TRD-200302131

Laura G. Sanders

Executive Director

Golden Crescent Workforce Development Board

Filed: April 1, 2003

Office of the Governor

Notice of Application and Priorities for the Federal Edward Byrne Formula Grant Program

The Criminal Justice Division (CJD), Office of the Governor, is preparing its application for a 2003 grant under the federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. The estimated allocation for Texas will be $32.2 million.

CJD proposes to use the funds to support the priorities outlined in the 2002 update to the Multi-Year Strategy for Drug and Violent Crime Control . Those priorities are: (1) enhance counter-terrorism programs by providing planning, training, and resources; (2) coordinate efforts and leverage resources to disrupt the manufacturing, sale, distribution and trafficking of illegal drugs; and (3) reduce the demand for drugs in coordination with a network of prevention and treatment programs.

Comments on the application or the priorities may be submitted to Judy Switzer at the Criminal Justice Division, Office of the Governor, P.O. Box 12428, Austin, Texas 78711, jswitzer@governor.state.tx.us, (512) 463-7879. Comments must be received in CJD or postmarked no later than 30 days from the date of publication of this announcement in the Texas Register.

TRD-200302152

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: April 1, 2003

Texas Department of Health

Correction of Error

The Texas Department of Health adopted final rules 25 TAC, Chapter 295, Subchapter C, Texas Asbestos Health Protection, (TRD-200301629). The rules were published in the March 21, 2003, issue of the Texas Register (28 TexReg 2549) to become effective March 27, 2003.

On page 2569, §295.32(2), the comma after "formerly" should be deleted.

On page 2592, §295.59(b)(4), the word "in" should be inserted after "...described" and before "the references...".

TRD-200302065

Licensing Actions for Radioactive Materials

Licensing Actions for Radioactive Materials

TRD-200302171

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 2, 2003

Notice of Agreed Order with Everest Exploration, Inc.

On March 4, 2003, the director of the Bureau of Radiation Control (bureau), Texas Department of Health, approved the settlement agreement between the bureau and Everest Exploration, Inc. (licensee-L03626) of Corpus Christi. Payment of annual fees by the licensee is suspended for one year, and the bureau's action to revoke the license is suspended for the same period, provided the licensee continues to make substantial progress in complying with the Agreed Order of February 25, 2002.

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

TRD-200302164

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 2, 2003

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Healthmont of Texas I, LLC, dba Dolly Vinsant Memorial Hospital

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Healthmont of Texas I, LLC, doing business as Dolly Vinsant Memorial Hospital, (registrant-M00751) of Dallas. A total penalty of $5,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §289.230.

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

TRD-200302168

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 2, 2003

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Memorial Hermann Executive Wellness Program, dba B. J. Margaret Bradshaw Wellness Center

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Memorial Hermann Executive Wellness Program, doing business as B. J. Margaret Bradshaw Wellness Center, (registrant-R26892) of Houston. A total penalty of $5,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §289.226.

TRD-200302166

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 2, 2003

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Richard C. Wood, D.C., dba Wood Chiropractic Clinic

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Richard C. Wood, D.C., doing business as Wood Chiropractic Clinic, (registrant-R17195) of White Oak. A total penalty of $4,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §289.227.

TRD-200302165

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 2, 2003

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation, dba Scott and White Memorial Hospital

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation, doing business as Scott and White Memorial Hospital, (registrant-M00273) of Temple. A total penalty of $5,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §289.230.

TRD-200302169

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 2, 2003

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Wetz Chiropractic Center, P.C.

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Wetz Chiropractic Center, P.C. (registrant-R16191) of Humble. A total penalty of $6,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §289.227.

TRD-200302170

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 2, 2003

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on William J. Langeland, D.C., dba Porter Chiropractic Center

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to William J. Langeland, D.C., doing business as Porter Chiropractic Center, (registrant-R15317) of Porter. A total penalty of $4,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §289.227.

TRD-200302167

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 2, 2003

Texas Health and Human Services Commission

Request for Proposals

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces that it is amending Request for Proposals (RFP) #529-03-217 for consulting services. HHSC is revising the RFP to delete the requirements relating to: (1) Electronic Data Processing (EDP) Audits of the Texas Medicaid and Children's Health Insurance Program (CHIP) administrative contracts' systems requirements, and (2) the Medicaid and CHIP performance audit requirements. The revised RFP will achieve the following goals: (1) assist with the management of the operations transition to the new Medicaid Claims/Primary Care Case Management Administrator, and (2) assess the new vendor's operational readiness to assume operations. The revised RFP will be posted with the Texas Marketplace: http://www.marketplace.state.tx.us on or about March 27, 2003. The full content of the revised RFP will be available on the HHSC website: http://www.hhsc.state.tx.us/Medicaid/index.html on or about March 26, 2003.

The successful respondent will be expected to begin performance of the contract on or after May 1, 2003. Parties interested in submitting a proposal may contact Sharon Drane, Contract Manager, Health and Human Services Commission, 12555 Riata Vista, Austin, Texas 78727, telephone number: (512) 794-5182 , regarding the request. Sharon Drane will be HHSC's sole point-of-contact for purposes of this procurement.

To be considered, all proposals must be received at the foregoing address in the issuing office on or before 3:00 p.m. Central Time on April 7, 2003. Proposals received after this time and date will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation based on the evaluation criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.

The anticipated schedule of events is as follows:

Final RFP Release Date - February 12, 2003

Vendor Conferences - February 25, 2003 and March 3, 2003

Letter of Intent Due - February 25, 2003

Vendor Questions Due - March 3, 2003

Revised RFP Release Date - March 26, 2003

Vendor Proposals Due - April 7, 2003

Anticipated Contract Award - April 30, 2003

Anticipated Contract Start Date - May 1, 2003

TRD-200302063

Steve Aragon

General Counsel

Texas Health and Human Services Commission

Filed: March 27, 2003

Texas Department of Housing and Community Affairs

Notice of Public Hearing

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at 507 Sabine Street, Room 436, Austin, Texas, at 12:00 noon on May 12, 2003, with respect to (i) a plan of financing (the "Plan") that includes issues of single family mortgage revenue refunding tax-exempt commercial paper notes (the "Future Notes"), the first of which is to be issued within one year of the date of the hearing described below and the last of which is to be issued no later than December 31, 2007, and (ii) an issue of tax-exempt residential mortgage revenue bonds (the "Bonds") to be issued in an aggregate face amount of not more than $85,000,000.

The Future Notes will be issued by the Department in a maximum aggregate face amount not to exceed $75,000,000 at any given time. The proceeds of the Future Notes will be used to refund certain single family mortgage revenue bonds of the Department and thereby to facilitate recycling prepayments of single family residential mortgage loans made to eligible very low, low and moderate income first-time home buyers with the proceeds of such single family mortgage revenue bonds. Only prepayments of mortgage loans financed with proceeds of tax-exempt mortgage revenue bonds issued within ten years from the date of receipt of the prepayments will be eligible for the recycling program. The proceeds of the Future Notes may also be used to refund unexpended proceeds of certain single family mortgage revenue bonds previously issued by the Department.

A portion of the proceeds of the Bonds will be used to make single family residential mortgage loans. A portion of the proceeds of the Bonds will be used to refund all or a portion of the Department’s outstanding Residential Mortgage Revenue Bonds, Series 2002B, thereby making funds available to make additional single family residential mortgage loans. All of such single family residential mortgage loans will be made to eligible very low, low and moderate income first-time home buyers for the purchase of homes located within the State of Texas, and are expected to be in an aggregate estimated amount of $85,000,000.

For purposes of the Department's mortgage loan finance programs, eligible borrowers generally will include individuals and families whose family income does not exceed, (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income, and (ii) for individuals and families of two persons, 100% (120% in certain targeted areas) of the area median income. The Department anticipates setting aside approximately 30% of the funds made available for borrowers of very low income (60% of area median income) for approximately one year. In addition, substantially all of the borrowers under the programs will be required to be persons who have not owned a principal residence during the preceding three years. Further, residences financed with loans under the programs will be subject to certain other limitations, including limits on the purchase prices of the residences being acquired. All the limitations described in this paragraph are subject to revision and adjustment from time to time by the Department pursuant to applicable federal law and Department policy.

All interested parties are invited to attend such public hearing to express their views with respect to the Department's mortgage loan finance program and the issuance of the Future Notes and the Bonds. Questions or requests for additional information may be directed to Matt Pogor at the Texas Department of Housing and Community Affairs, 507 Sabine Street, 8th Floor, Austin, Texas 78701; (512) 475-3987.

Persons who intend to appear at the hearing and express their views are invited to contact Matt Pogor in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Matt Pogor prior to the date scheduled for the hearing.

TDHCA WEBSITE: www.tdhca.state.tx.us/hf.htm Individuals who require auxiliary aids for the hearing should contact Gina Esteves, ADAResponsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989 at least two days before the scheduled hearing so that appropriate arrangements can be made.

This notice is published and the above-described hearing is to be held in satisfaction of the requirements of State law and Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exclusion from gross income for federal income tax purposes of interest on the Future Notes and the Bonds.

TRD-200302173

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 2, 2003

Houston-Galveston Area Council

Request for Proposals

The Houston-Galveston Area Council (H-GAC) is requesting proposals to conduct an access management and traffic mobility study for the FM 1960 corridor from west of SH 249 to east of IH 45 in Harris County (about 7.1 miles). The purpose of the study is to identify short-term transportation improvements to improve traffic flow and reduce motorist delay. The study will collect sufficient information to measure and evaluate a range of viable short-term improvement concepts, as well as address cost-benefit and cost-effectiveness of various solutions. The study shall conclude with the identification of a list of recommended improvements and ways to implement them, including time frame and funding sources.

A Pre-Proposal Conference is scheduled at 3 p.m. on Monday, April 14, 2003, at H-GAC in Conference Room A on the second floor. Submittals are due by 3 p.m. on Tuesday, May 7, 2003. Twelve (12) typewritten, bound/stapled and signed copies of the proposal are required. Late proposals will NOT be accepted.

The Request for Proposal packet can be downloaded from the H-GAC Transportation Department Web site at www.h-gac.com/HGAC/Home/RFP/default.htm.

Interested firms may also obtain the packet at the H-GAC offices at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, or by contacting Jerry L. Bobo at 713-993-4571. All questions regarding the Request for Proposals can be sent to the attention of Jerry L. Bobo by email to jerry.bobo@h-gac.com, faxed to 713-993-4508, or mailed to the Houston-Galveston Area Council, P.O. Box 22777, Houston, TX 77227-2227.

TRD-200302129

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: April 1, 2003

Request for Proposals

The Houston-Galveston Area Council (H-GAC) is requesting proposals to conduct an access management and traffic mobility study for the FM 518 corridor from US 288 in Brazoria County to SH 146 in Galveston County. The purpose of the study is to identify short-term transportation improvements to improve traffic flow and reduce motorist delay. The study will collect sufficient information to measure and evaluate a range of viable short-term improvement concepts, as well as address cost-benefit and cost-effectiveness of various solutions. The study shall conclude with the identification of a list of recommended improvements and ways to implement them, including time frame and funding sources.

Submittals are due by 3 p.m. on Tuesday, April 15, 2003 . Twelve (12) typewritten, bound/stapled and signed copies of the proposal are required. Late proposals will NOT be accepted.

The Request for Proposal packet can be downloaded from the H-GAC Transportation Department Web site at www.h-gac.com/HGAC/Home/RFP/default.htm. Interested firms may also obtain the packet at the H-GAC offices at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, or by contacting Jerry L. Bobo at 713-993-4571. All questions regarding the Request for Proposal can be sent to the attention of Jerry L. Bobo by email to jerry.bobo@h-gac.com, faxed to 713-993-4508, or mailed to the Houston-Galveston Area Council, P.O. Box 22777, Houston, TX 77227-2227.

TRD-200302181

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: April 2, 2003

Texas Department of Insurance

Company Licensing

Application to change the name of UNDERWRITERS INDEMNITY COMPANY to LEXON INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Houston, Texas.

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

TRD-200302177

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 2, 2003

Third Party Administrator Applications

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 Healthspring Management, Inc., a foreign third party administrator. The home office is Nashville, Tennessee.

Application for admission to Texas of Total Administrative Services Corporation, a foreign third party administrator. The home office is Madison, Wisconsin.

Application for admission to Texas of Disability Management Alternatives, LLC, a foreign third party administrator. The home office is Salem, Massachusetts.

Application for incorporation in Texas of Abercrombie, Simmons & Gillette, Inc., a domestic third party administrator. The home office is Houston, Texas.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200302178

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 2, 2003

Texas Lottery Commission

Instant Game No. 379 "Cool 7's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 379 is "COOL 7'S". The play style in Game 1 is "key number match with auto win". The play style in Game 2 is "row, column, diagonal". The play style in Game 3 is "match 3 with auto win". The play style in Game 4 is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 379 shall be $7.00 per ticket.

1.2 Definitions in Instant Game No. 379.

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, $1.00, $2.00, $5.00, $7.00, $10.00, $11.00, $27.00, $77.00, $100, $1,000, $7,000, $70,000, 7 SYMBOL, X SYMBOL, [ ] SYMBOL.

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

Figure 1: GAME NO. 379 - 1.2D

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

Figure 2: GAME NO. 379 - 1.2E

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

F. Serial Number - A unique 13 (thirteen) 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 $7.00, $11.00, $17.00.

H. Mid-Tier Prize - A prize of $27.00, $47.00, $77, $177, $577.

I. High-Tier Prize - A prize of $7,000, $70,000.

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

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (379), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 379-0000001-000.

L. Pack - A pack of "COOL 7'S" Instant Game tickets contain 75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 000 and back of 074, while the other fold will show the back of ticket 000 and front of 074.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "COOL 7'S" Instant Game No. 379 ticket.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 45 (forty-five) 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 45 (forty-five) 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 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 45 (forty-five) 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. Although not all prizes can be won in each game, all prize symbols may be used in non-winning locations.

C. Game 1: No duplicate non-winning prize symbols.

D. Game 1: No duplicate non-winning Your Number play symbols.

E. Game 1: No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

F. Game 1: The "7" doubler symbol will only appear on intended winners as dictated by the prize structure.

G. Game 2: Every ticket will contain at least 4 "X' or O symbols and 1 "7" symbol.

H. Game 2: This game may only win once.

I. Game 2: When the prize is $7 on non-winning games, there will never be two 7's in positions 2 and 4 or two 7's in positions 7, 8 and 9 of the tic-tac-toe grid.

J. Game 3: No four or more of a kind.

K. Game 3: No three or more pairs.

L. Game 3: The "7" doubler symbol will only appear on intended winners as dictated by the prize structure.

M. Game 3: The "$7.00" prize symbol will only appear on tickets where it contributes to the win.

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

O. Game 4: No duplicate non-winning Your Number play symbols.

P. Game 4: No duplicate Winning Number play symbols.

Q. Game 4: No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

R. Game 4: The "7" doubler symbol will only appear on intended winners per the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "COOL 7'S" Instant Game prize of $7.00, $11.00, $17.00, $27.00, $47.00, $77.00, $177, or $577, 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 $47.00, $77.00, $177, or $577 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 "COOL 7'S" Instant Game prize of $7,000 or $70,000, 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 "COOL 7'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "COOL 7'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "COOL 7'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 6,115,050 tickets in the Instant Game No. 379. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 379 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 379 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. 379, 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-200302163

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 2, 2003

Instant Game No. 383 "Crossword"

1.0 Name and Style of Game.

A. The name of Instant Game No. 383 is "CROSSWORD". The play style is "extended play puzzle".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 383 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 383.

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, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, and blackened square.

Figure 1: GAME NO. 383 - 1.2D

Figure 2: GAME NO. 383 - 1.2E

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

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

I. High-Tier Prize - A prize of $5,000 or $35,000.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (383), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 124 within each pack. The format will be: 383-0000001-000.

L. Pack - A pack of "CROSSWORD" Instant Game tickets contain 125 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be two (2) fanfold configurations for this game. Configuration A will show the front of ticket 000 and the back of ticket 124. Configuration B will show the back of ticket 000 and the front of ticket 124.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CROSSWORD" Instant Game No. 383 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 "CROSSWORD" Instant Game is determined once the latex on the ticket is scratched off to expose 139 (one hundred thirty-nine) play symbols. The player must scratch off all 18 (eighteen) boxed squares in the YOUR LETTERS to reveal 18 letters. For each of the 18 letters revealed in YOUR LETTERS, the player must scratch the same letter each time it is found in the CROSSWORD. For example, if the letter E is revealed in your letters, the player must scratch all E's in the CROSSWORD. There are three (3) small letters above and beside the your letters that appear under the latex on the ticket. These are smaller in size than your letters and are not your letters to be used in playing the game. If the player has scratched three (3) or more complete words in the crossword, the player will win the corresponding prize found in the prize legend on the back of the ticket. Only one prize can be claimed per ticket. The player must then scratch the corresponding letters found in the CROSSWORD puzzle. A "word" must contain at least three letters. A "word" cannot be formed by linking letters diagonally or by reading the letters from the bottom to top. Letters combined to form a complete "word" must appear in an unbroken horizontal or vertical string of letters in the CROSSWORD. An unbroken string of letters cannot be interrupted by a block space. Words within words are not eligible for a prize. Every single letter in the unbroken string must: (a) be revealed in YOUR LETTERS, and (b) be included to form a "word". The possible complete words for this ticket are shown on the CROSSWORD panel. Each possible complete word consists of three (3) or more letters and occupies an entire word space. Players must match all of the letters in a possible complete word in order to complete the word. If the letters revealed form three (3) or more complete words on the CROSSWORD panel each of which occupy a complete word space, the player will win the prize shown in the prize legend for forming that number of words. 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. One hundred thirty-nine (139) possible 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 139 (one hundred thirty-nine) possible 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;

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

16. Each of the 139 (one hundred thirty-nine) possible Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 139 (one hundred thirty-nine) possible 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.

2.2 Programmed Game Parameters.

A. A ticket can only win once.

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

C. Each ticket consists of a Your Letters area and one crossword puzzle grid.

D. The crossword puzzle grid will be formatted with at least 109,000 configurations (i.e. puzzle layouts not including words).

E. All crossword puzzle grid configurations will be formatted within a grid that contains 11 spaces (height) by 11 spaces (width).

F. Each word will appear only once per ticket on the crossword puzzle grid.

G. Each letter will only appear once per ticket in the Your Letters play area.

H. Each Crossword Puzzle Grid will contain 19 (nineteen) words per puzzle per ticket made up of the following: a) 4 sets of 3-letter words; b) 5 sets of 4-letter words; c) 3 sets of 5-letter words; d) 3 sets of 6-letter words; e) 1 set of 7-letter words; f) 2 sets of 8-letter words; g) 1 set of 9-letter words.

I. There will be a minimum of three (3) vowels in the Your Letters play area.

J. The length of words found in the crossword puzzle grid will range from 3-9 letters.

K. Only words from the approved word list will appear in the crossword puzzle grid.

L. You will never find a word horizontally (in either direction), vertically (in either direction), or diagonally (in either direction) in the Your Letters play area that matches a word in the crossword puzzle grid.

M. Each crossword puzzle grid will have a maximum number of different grid formations with respect to other constraints. That is, for identically formatted crossword puzzles (i.e. the same grid), all "approved words" will appear in every logical (i.e. 3 letter word = 3 letter space) position, with regards to limitations caused by the actual letters contained in each word (i.e. will not place the word "ZOO" in a position that causes an intersecting word to require the second letter to be "Z", when in fact, there are no approved words with a "Z" in the second letter position).

N. No one (1) letter, with the exception of vowels, will appear more than nine (9) times in the crossword puzzle grid.

O. No ticket will match eleven (11) words or more.

P. Three (3) to ten (10) completed words will be revealed as per the prize structure on winning tickets.

Q. All non-winning tickets will contain a) one (1) completed word approximately 20% of the time; b) and two (2) completed words approximately 80% of the time.

R. Sixteen (16) to eighteen (18) Your Letters will open at least one (1) letter in the crossword puzzle grid.

2.3 Procedure for Claiming Prizes.

A. To claim a "CROSSWORD" Instant Game prize of $3.00, $5.00, $10.00, $20.00, $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 $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 "CROSSWORD" Instant Game prize of $5,000 or $35,000, 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 "CROSSWORD" 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.