Texas Department of Agriculture
Notice of Acceptance of Applications for Federal Agriculture Assistance Funds
In accordance with Public Law 108-10, Section 209, the Texas Department
of Agriculture (TDA) is administering the distribution to agricultural producers
of $10 million in federal agriculture assistance funds from the U.S. Department
of Agriculture's Commodity Credit Corporation. On
May 1, 2003
, TDA will begin accepting agriculture assistance fund applications
at local water irrigation district offices and other designated locations
in the Rio Grande Valley from agricultural producers who rely on irrigation
water from the Rio Grande and who were impacted by decreases in water allocations
due to Mexico's noncompliance with the 1944 U.S.-Mexico Water Treaty during
the 2002 crop year.
Eligibility Criteria.
To be eligible for
agriculture assistance funds:
1. An agricultural producer's farming acreage must be located in: Cameron,
Hidalgo, Kinney, Maverick, Starr, Webb, Val Verde, Willacy or Zapata counties;
2. The acreage on which the agricultural producer is farming must have
been eligible for water allocations for
agricultural
use
in the Rio Grande Watermaster system through irrigation water rights
either individually or through a water irrigation district (eligible acreage)
during the 2002 crop year; and
3. An agricultural producer must have had the right to farm eligible acreage
on January 1, 2002.
Producers meeting established eligibility criteria are eligible to receive
assistance under this program, regardless of crop variety or intended agricultural
use. The distribution of assistance will be based upon the number of acres
eligible for allocation of water for agricultural use.
Submitting an Application. Applications will be
accepted beginning May 1, 2003.
Application forms are available at
local water irrigation district offices, at local Texas Cooperative Extension
(TCE) offices, at local Farm Service Agency (FSA) offices and from the Rio
Grande Watermaster, as well as on TDA's Web site at: www.agr.state.tx.us.
Deadline for Submission of Applications.
The
deadline for submitting an application for agriculture assistance to water
irrigation district offices or other designated locations for certification
is
by close of business on June 16, 2003
. TDA
will distribute funds after all valid applications are processed.
Further Information.
More information about
the agriculture assistance application process can be found at local water
irrigation district offices, TCE and FSA offices, and Rio Grande Watermaster
offices or on TDA's Web site at: www.agr.state.tx.us. Producers may also contact
Steve Bearden, Regional Director for TDA's Valley Regional Office located
at 900- B East Expressway 83, San Juan, Texas, telephone (956) 787-8866, for
more information.
TRD-200302391
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: April 14, 2003
Notice of Availability of Coastal Management Program Funds
The Coastal Coordination Council (Council) files this Notice of Funds Availability
to announce the availability of §306/§306A federal grant funds under
the Texas Coastal Management Program (CMP). The purpose of the CMP is to improve
the management of the state's coastal resources and to ensure the long-term
ecological and economic productivity of the coast.
A federal award to the state of approximately $2 million in §306/§306A
funding is expected in October 2004. The Council, which oversees the implementation
of the CMP, passes through 90% of the available §306/§306A funds
to eligible entities in the coastal zone to support projects that implement
and/or advance the CMP goals and policies.
Eligible Applicants
The following entities are eligible to receive grants under the CMP:
1. Incorporated cities in the coastal zone; 2. County governments in the
coastal zone; 3. Texas state agencies; 4. Texas public universities (including
colleges and institutions of higher education); 5. Subdivisions of the state
with jurisdiction in the coastal zone (e.g., navigation districts, port authorities,
river authorities, and Soil and Water Conservation Districts with jurisdiction
in the coastal zone); 6. Councils of governments and other regional governmental
entities in the coastal zone; 7. the Galveston Bay Estuary Program; 8. the
Coastal Bend Bays and Estuaries Program (306 projects only); and 9. Nonprofit
organizations located in Texas that are nominated by an eligible entity in
categories 1-8 above (306 projects only). A nomination may take the form of
a resolution or letter from a responsible official of an entity in categories
1-8. The nominating entity is not expected to financially or administratively
contribute to the management and implementation of the proposed project.
Funding Categories
The Council will accept applications for projects that address any of the
following funding categories. The categories are not listed in order of preference.
1. Coastal Natural Hazards Response; 2. Critical Areas Enhancement; 3.
Shoreline Access; 4. Water Quality Improvement; 5. Waterfront Revitalization
and Ecotourism Development; 6. Permit Streamlining/Assistance and Governmental
Coordination; 7. Information and Data Availability; or 8. Public Education
and Outreach
Grant workshops will be held in five coastal cities to help potential applicants
through the Guidance and Application Package. Grant workshops are opportunities
for potential applicants to learn about the changes made to the grant program
and to discuss specific project ideas with staff. Applicants are not required
to attend a workshop, but attendance is strongly encouraged.
Current subrecipients of CMP grant funding and their financial staff are
also encouraged to attend the grant workshops. Grant workshops will be expanded
this year to include project management training to educate subrecipients
of the administrative requirements once a contract is executed. Project management
training will cover the progress report, invoice, local match, budget amendment,
timesheet, and equipment forms. Information on the §6217 Nonpoint Source
Grant Program will also be presented during the grant workshops.
May 1, 2003, 1:00 p.m., Port Lavaca, City Hall, 202 N. Virginia.
May 6, 2003, 1:00 p.m., South Padre Island, South Padre Island Convention
Center, 7355 Padre Blvd, Room 203.
May 7, 2003, 9:00 a.m., Corpus Christi, Texas A&M University - Natural
Resources Center, 6300 Ocean Drive, Room 1003.
May 20, 2003, 1:00 p.m., Port Arthur, City Hall, 444 4th Street, 5th Floor.
May 21, 2003, 9:00 a.m., Galveston, Holbrook Annex Building, Hearing Room,
601 Tremont (corner of 23rd and Church).
To obtain a copy of the Guidance and Application Package, please contact
Melissa Porter at (512) 475-1393 or (800) 998-4GLO (email:melissa.porter@glo.state.tx.us)
or Kathy Smartt at (512) 475-1552 (email:kathy.smartt@glo.state.tx.us). The
requirements to receive federal grant funds are outlined in the guidance.
Written requests for the Guidance and Application Package should be addressed
to: Coastal Coordination Council, CMP Grants Program, c/o Texas General Land
Office, P.O. Box 12873, Austin, Texas, 78711-2873. The Guidance and Application
Package is also available on the GLO's Home Page on the World Wide Web at:
http://www.glo.state.tx.us/coastal/grants/index.html.
The deadline for receiving draft grant applications is Wednesday, June
18, 2003, by 5:00 p.m. Submission of a draft grant application is optional
but is strongly recommended for first-time and/or inexperienced applicants.
Written comments will only be provided to applicants who submit draft grant
applications by June 18, 2003, by 5:00 p.m. The deadline for receiving final
grant applications is Wednesday, October 8, 2003, by 5:00 p.m.
Draft grant applications and final grant applications must be mailed (regular,
express, or certified) or hand-delivered to: Coastal Coordination Council,
CMP Grants Program, c/o Texas General Land Office, Stephen F. Austin Building,
Room 617, 1700 North Congress Avenue, Austin, Texas 78701-1495. Facsimiles,
electronic mail transmissions, and applications postmarked on or after the
due date will not be accepted.
TRD-200302489
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: April 16, 2003
Amended Notice of Award
Notice of Awards: Pursuant to Chapter 2254, Subchapter B, and Sections
403.011 and 403.020, Texas Government Code, the Comptroller of Public Accounts
(Comptroller) announces this notice of consulting contract awards.
The Comptroller's Request for Proposals (RFP #145a) was published in the
August 9, 2002 issue of the
Texas Register
(27
TexReg 7243).
The consultants will conduct management and performance reviews of various
functions of independent school districts throughout the state.
A contract is awarded to McConnell Jones Lanier & Murphy LLP, Summit
Tower, 11 Greenway Plaza, Suite 2902, Houston, Texas 77046. The term of the
contract is October 21, 2002 through August 31, 2003. Consultant will review
Matagorda and Kopperl ISDs. The total amount of this contract is not to exceed
$38,525.00.
A contract is awarded to SCRS, Inc., P.O. Box 814, Wichita Falls, Texas
76307. The term of the contract is October 14, 2002 through August 31, 2003.
Consultant will review Westphalia and Calvert ISDs. The total amount of this
contract is not to exceed $42,000.00.
A contract is awarded to SoCo Consulting, Inc., P.O. Box 160671, Austin,
Texas 78716. The term of the contract is October 23, 2002 through August 31,
2003. Consultant will review Walnut Springs, Chilton and Morgan ISDs. The
total amount of this contract is not to exceed $81,175.00.
A contract is awarded to Trace Consulting Services, Inc., 10635 IH 35 N.,
Suite 312, San Antonio, Texas 78233. The term of the contract is November
8, 2002 through August 31, 2003. Consultant will review Richards ISD. The
total amount of this contract is not to exceed $30,000.00.
The final reports for all districts must be finalized and released on or
before August 31, 2003.
The notice of request for proposals (RFP #145a) was published in the August
9, 2002, issue of the
Texas Register
(27 TexReg
7243). Initial notice of award was published in the November 29, 2002, issue
of the
Texas Register
(27 TexReg 11292).
TRD-200302362
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: April 11, 2003
Pursuant to Chapter 403 and 404, and Texas Government Code, the Comptroller
of Public Accounts (Comptroller) announces this notice of contract awards.
The Comptroller's Request for Qualifications 148b (RFQ) related to these
contract awards was published in the October 25, 2002, issue of the
The contractors will provide Professional Contract Auditing Services as
authorized by Senate Bill 1458, 77th Legislature for the Audit Division of
the Comptroller as described in the Comptroller's RFQ.
The Comptroller announces that 35 contracts were awarded as of February
13, 2003, follows:
A contract is awarded to Elloine K. Andoh, 2819 Berry Street, #1, Houston,
Texas 77004. Audits will be assigned in $50,000 increments or packages but
no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 6, 2003 through
August 31, 2003.
A contract is awarded to Erica L. Powell, 1919 Wildwood Ridge Drive, Missouri
City, Texas 77489. Audits will be assigned in $50,000 increments or packages
but no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 7, 2003 through
August 31, 2003.
A contract is awarded to GRW & Associates, Shellie T. Greene, 1241
Hanna Circle, Desoto, Texas 75115. Audits will be assigned in $50,000 increments
or packages but no contract auditor shall have more than six Audit Packages
totaling $300,000 in fees at any one time. The term of the contract is February
6, 2003 through August 31, 2003.
A contract is awarded to Lehman S. Dry, Jr., 3111 Freshmeadows, Houston,
Texas 77063. Audits will be assigned in $50,000, increments or packages but
no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 6, 2003 through
August 31, 2003.
A contract is awarded to David B. Perry, 6010 Ogden Forest, Houston, Texas
77088. Audits will be assigned in $50,000, increments or packages but no contract
auditor shall have more than six Audit Packages totaling $300,000 in fees
at any one time. The term of the contract is February 6, 2003 through August
31, 2003.
A contract is awarded to Jennifer Wilmoth, 2706 Edinburgh Street, B16,
Fort Collins, Colorado 80525. Audits will be assigned in $50,000, increments
or packages but no contract auditor shall have more than six Audit Packages
totaling $300,000 in fees at any one time. The term of the contract is February
7, 2003 through August 31, 2003.
A contract is awarded to Matthew Hanson, 2301 South Mopac, Apartment #928,
Austin, Texas 78746. Audits will be assigned in $50,000, increments or packages
but no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 6, 2003 through
August 31, 2003.
A contract is awarded to Marina Roy Buenaventura, 4042 Cheena Drive, Houston,
Texas 77025. Audits will be assigned in $50,000, increments or packages but
no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 6, 2003 through
August 31, 2003.
A contract is awarded to Hackney Financial Services, Ltd., James Hackney,
14590 Heathrow Forest Parkway, Suite 185, Houston, Texas 77032. Audits will
be will be assigned in $50,000, increments or packages but no contract auditor
shall have more than six Audit Packages totaling $300,000 in fees at any one
time. The term of the contract is February 6, 2003 through August 31, 2003.
A contract is awarded to Nicole Y. Thomas, 5414 Cactus Forest Drive, Houston,
Texas 77088. Audits will be assigned in $50,000, increments or packages but
no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 6, 2003 through
August 31, 2003.
A contract is awarded to L. Gene Horr, 503 Patchester Drive, Houston, Texas
77079. Audits will be assigned in $50,000, increments or packages but no contract
auditor shall have more than six Audit Packages totaling $300,000 in fees
at any one time. The term of the contract is February 6, 2003 through August
31, 2003.
A contract is awarded to David P. Coshman, 5206 34th Street, Groves, Texas
77619. Audits will be assigned in $50,000, increments or packages but no contract
auditor shall have more than six Audit Packages totaling $300,000 in fees
at any one time. The term of the contract is February 6, 2003 through August
31, 2003.
A contract is awarded to Jason A. Sparks, 6231 Pecan Wood, Houston, Texas
77088. Audits will be assigned in $50,000, increments or packages but no contract
auditor shall have more than six Audit Packages totaling $300,000 in fees
at any one time. The term of the contract is February 9, 2003 through August
31, 2003.
A contract is awarded to Derrick Kwan, 1927 Bailey Street, Houston, Texas
77006. Audits will be assigned in $50,000, increments or packages but no contract
auditor shall have more than six Audit Packages totaling $300,000 in fees
at any one time. The term of the contract is February 9, 2003 through August
31, 2003.
A contract is awarded to Gary R. Coker, 2716 Margaret Drive, Arlington,
Texas 76012. Audits will be assigned in $50,0000.00, increments or packages
but no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 9, 2003 through
August 31, 2003.
A contract is awarded to Michael Rose, 1703 Texas Parkway, Suite A, Missouri
City, Texas 77459. Audits will be assigned in $50,000, increments or packages
but no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 9, 2003 through
August 31, 2003.
A contract is awarded to Kelton Brown, P.O. Box 93833, Lubbock, Texas 79493.
Audits will be assigned in $50,000, increments or packages but no contract
auditor shall have more than six Audit Packages totaling $300,000 in fees
at any one time. The term of the contract is February 9, 2003 through August
31, 2003.
A contract is awarded to Terry W. Bessire, 6760 Dakota Ridge Drive, El
Paso, Texas 79912. Audits will be assigned in $50,000, increments or packages
but no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 9, 2003 through
August 31, 2003.
A contract is awarded to R. Dale Dowell, 407 N. Cedar Ridge #130, Duncanville,
Texas 75116. Audits will be assigned in $50,000, increments or packages but
no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 9, 2003 through
August 31, 2003.
A contract is awarded to Bill J. Simmonds & Company, P.C., 888 Isom
Road, Suite 202, San Antonio, Texas 78216. Audits will be assigned in $50,000,
increments or packages but no contract auditor shall have more than six Audit
Packages totaling $300,000 in fees at any one time. The term of the contract
is February 9, 2003 through August 31, 2003.
A contract is awarded to Tarrant and Bulgherini, P.C., Edgar L. Tarrant,
7109 Yucca Drive, Galveston, Texas 77551-1725. Audits will be assigned in
$50,000, increments or packages but no contract auditor shall have more than
six Audit Packages totaling $300,000 in fees at any one time. The term of
the contract is February 9, 2003 through August 31, 2003.
A contract is awarded to Honorio N. Eugenio, 6108 Pinehurst Drive, El Paso,
Texas 79912. Audits will be assigned in $50,000, increments or packages but
no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 9, 2003 through
August 31, 2003.
A contract is awarded to Antonio L. Rocha, 1012 Rushmore Drive, Allen,
Texas 75002. Audits will be assigned in $50,000, increments or packages but
no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 9, 2003 through
August 31, 2003.
A contract is awarded to Energy Network, Inc., Pamela Gibson Akpotaire,
4646 Highway 6th South, PMB #135, Sugar Land, Texas 77478-5214. Audits will
be assigned in $50,000, increments or packages but no contract auditor shall
have more than six Audit Packages totaling $300,000 in fees at any one time.
The term of the contract is February 9, 2003 through August 31, 2003.
A contract is awarded to Pamela Evans, 2400 Cloverhill Lane, Seagoville,
Texas 75159. Audits will be assigned in $50,000, increments or packages but
no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 9, 2003 through
August 31, 2003.
A contract is awarded to Jason E. Rakes, CPA, P.C., 7062 Prairie Flower
Lane, Frisco, Texas 75034. Audits will be assigned in $50,000, increments
or packages but no contract auditor shall have more than six Audit Packages
totaling $300,000 in fees at any one time. The term of the contract is February
9, 2003 through August 31, 2003.
A contract is awarded to Lam & Po, CPA's, Chin Po, 1170 Corporate Drive
West, Suite 204, Arlington, Texas 76006. Audits will be assigned in $50,000,
increments or packages but no contract auditor shall have more than six Audit
Packages totaling $300,000 in fees at any one time. The term of the contract
is February 9, 2003 through August 31, 2003.
A contract is awarded to Felicia S. Ward, 520 Edinburgh Lane, Coppell,
Texas 75019. Audits will be assigned in $50,000, increments or packages but
no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 9, 2003 through
August 31, 2003.
A contract is awarded to Maria D. Ortiz, 1810 El Monte, Corpus Christi,
Texas 78417. Audits will be assigned in $50,000, increments or packages but
no contract auditor shall have more than six Audits will be totaling $300,000
in fees at any one time. The term of the contract is February 9, 2003 through
August 31, 2003.
A contract is awarded to Brenda Maldonado, 2095 Savannah Trail, Beaumont,
Texas 77706. Audits will be assigned in $50,000, increments or packages but
no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 9, 2003 through
August 31, 2003.
A contract is awarded to R. E. Bassie & Co., R. Everett Bassie, 6776
Southwest Freeway, Suite 580, Houston, Texas 77074-2115. Audits will be assigned
in $50,000, increments or packages but no contract auditor shall have more
than six Audit Packages totaling $300,000 in fees at any one time. The term
of the contract is February 9, 2003 through August 31, 2003.
A contract is awarded to Nael B. Qutami, 202 Fort Edward Drive, Arlington,
Texas 76002. Audits will be assigned in $50,000, increments or packages but
no contract auditor shall have more than six Audit Packages totaling $300,000
in fees at any one time. The term of the contract is February 9, 2003 through
August 31, 2003.
A contract is awarded to Garth R. Proietti, 12400 Highway 71 West, Suite
350-163, Austin, Texas 78738. Audits will be assigned in $50,000, increments
or packages but no contract auditor shall have more than six Audit Packages
totaling $300,000 in fees at any one time. The term of the contract is February
7, 2003 through August 31, 2003.
A contract is awarded to EuroSoft, Inc., 1705 South Capital of Texas Highway,
Suite 200, Texas 78746. Audits will be assigned in $50,000, increments or
packages but no contract auditor shall have more than six Audit Packages totaling
$300,000 in fees at any one time. The term of the contract is February 6,
2003 through August 31, 2003.
A contract is awarded to Vincent D. Harris & Associates, Inc. Audits
will be assigned in $50,000, increments or packages but no contract auditor
shall have more than six Audit Packages totaling $300,000 in fees at any one
time. The term of the contract is February 13, 2003 through August 31, 2003.
TRD-200302376
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: April 11, 2003
Pursuant to Chapter 54, Subchapters F and G, Texas Education Code, the
Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid
Higher Education Tuition Board (Board), issues this Request for Letter Proposals
(RFP) from qualified, independent law firms to serve as outside counsel to
the Board. The Board administers the state's prepaid higher education tuition
program, known as the Texas Guaranteed Tuition Plan, and the state's higher
education savings plan, known as Tomorrow's College Investment Plan. These
plans are marketed collectively as the Texas Tomorrow Funds (Funds). The Funds
are qualified tuition programs authorized under Section 529 of the Internal
Revenue Code. Under this RFP, the Board shall select qualified counsel to
provide the Board with legal services on an as needed basis in a variety of
general civil matters requiring expertise in federal taxation, corporate,
contracts, securities, finance, family, intellectual property, and administrative
law. The Board estimates that it will evaluate respondents and announce a
contract award or awards no later than August 1, 2003, or as soon thereafter
as practicable. Clark, Thomas & Winters, P.C., currently serves as legal
counsel to the Board, and its contract with the Board expires on August 31,
2003 unless terminated sooner according to its terms. Respondents must be
able to begin providing services on an as needed basis on September 1, 2003
and throughout the expected initial contract term - September 1, 2003 through
August 31, 2006 with two (2) options to renew at the Board's sole option for
one (1) year periods exercised one (1) year at a time.
Questions and Proposed Contract: Questions concerning this RFP and requests
for copies of the proposed sample contract must be in writing and submitted
via hand delivery or facsimile no later than Friday, May 9, 2003, 2:00 p.m.,
Central Zone Time (CZT) to John C. Wright, Assistant General Counsel, Contracts,
Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas,
78774, telephone number: (512) 305-8673, facsimile (512) 475-0973. The sample
contract is currently available as an attachment to the Texas Marketplace
notice located at (http://esbd.tbpc.state.tx.us). The Comptroller's official
response to questions received by the above deadline will be posted as an
addendum to the Texas Marketplace notice on Wednesday, May 14, 2003 (or as
soon thereafter as practicable).
Closing Date: An original and twelve (12) copies of each Letter Proposal
must be delivered to and received in the Office of the Assistant General Counsel,
Contracts, at the address specified above no later than 2:00 p.m. (CZT), on
Friday, May 30, 2003. Proposals received after this date and time will not
be considered.
Respondents shall be solely responsible
for confirming the timely receipt of proposals.
Content: Letter Proposals must include all of the following information
in order to be considered:
1. Transmittal letter that (a) describes specific experience and qualifications
of both the Law Firm and each proposed partner and associate in each of the
requisite areas of practice, particularly highlighting recent experience in
representing governmental entities in similar matters involving qualified
tuition programs; (b) outlines the Law Firm's understanding of the Board's
enabling legislation, administrative rules, and related law, including Chapter
54, subchapters F and G, Texas Education Code; Title 34, Chapter 7, Texas
Administrative Code; and Section 529, Internal Revenue Code; (c) details the
Law Firm's ability to attend and make presentations at Board meetings and
meetings with the Comptroller's staff in Austin, Texas; and (d) describes
the Law Firm's ability to quickly respond to Board requests for research and
legal advice with regard to the varied areas of law detailed in the first
paragraph of this RFP.
2. Physical address of Law Firm's Texas offices, if any, and the physical
address of the Law Firm's office that will have primary responsibility for
any contract resulting from this RFP;
3. Vita for each proposed partner and associate;
4. Proposed hourly rates for each proposed partner and associate, and statements
as to (a) whether proposed fees are negotiable; (b) how proposed fees compare
to recently contracted fees with other governmental entities on similar matters;
(c), proposed reimbursement basis for out of pocket expenses other than travel;
and (d) whether proposed fees are firm throughout the expected initial contract
term (September 1, 2003 through August 31, 2006);
5. Proposed mechanisms to control and communicate regarding total costs,
such as providing the Board with estimates of billable costs prior to beginning
specific assignments and timely advising the Board when additional work is
required to complete those assignments;
6. Disclosures of conflicts of interest (including, but not limited to,
identifying each and every matter in which the Law Firm has, within the past
calendar year, represented any entity or individual with an interest adverse
to the Board or to the State of Texas, or any of its boards, agencies, commissions,
universities; or elected or appointed officials);
7. Information regarding efforts made by the Law Firm to encourage and
develop the participation of minorities and women in the provision of services
such as those requested by this RFP; and
8. Confirmation of willingness to comply with the policies, directives
and guidelines of the Board and the Attorney General of the State of Texas.
Evaluation and Award Procedure: All qualifying Letter Proposals received
by the above deadline will be evaluated based on qualifications, experience
and reasonableness of contracted fees. The Board will make the final selection
in its sole discretion in the best interests of the Funds and the State of
Texas. Notice of contract award will be published on the Texas Marketplace
and in the Texas Register as soon as possible after contract signature.
Limitations: The Board reserves the right to accept or reject any or all
Letter Proposals submitted in response to this RFP. The Board is not obligated
to execute any contract as a result of issuing this RFP. The Board shall pay
no costs or any other amounts incurred by any entity in responding to this
RFP. The selected Law Firm's sole compensation shall be limited to contracted
amounts in the final negotiated contract. No minimum amount of work or assignments
under this contract is guaranteed. No travel will be paid. The Comptroller
and the Board may solicit or select other legal counsel to provide the same
or similar services at any time.
Summary of Schedule: The anticipated schedule is as follows: Issuance of
RFP - Friday, April 25, 2003, at 10:00 a.m. CZT; Questions and Request for
Copies of Sample Contract Due - Friday, May 9, 2003, 2:00 p.m. CZT; Electronic
Posting of Official Response to Questions posted on Texas Marketplace - Wednesday,
May 14, 2003 (or as soon thereafter as practicable); Proposals Due - Friday,
May 30, 2003, 2:00 p.m. CZT; Contract Execution and initiation of transition,
if any, - August 1, 2003, or as soon thereafter as practicable; Notice of
Contract Award posted on Texas Marketplace - August 1, 2003, or as soon thereafter
as practicable.
TRD-200302483
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: April 16, 2003
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Sections 303.003
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 04/21/03 - 04/27/03 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the
period of 04/21/03 - 04/27/03 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.
TRD-200302453
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 15, 2003
Application to Amend Articles of Incorporation
Notice is given that the following application has been filed with the
Credit Union Department and is under consideration:
An application for a name change was received for Ameripol Synpol Employees
Credit Union, Port Neches, Texas. The credit union is proposing to change
its name to TEX-US Credit Union.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Credit unions that wish to comment on any application must
also complete a Notice of Protest form. The form may be obtained by contacting
the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html.
Any written comments must provide all information that the interested party
wishes the Department to consider in evaluating the application. All information
received will be weighed during consideration of the merits of an application.
Comments or a request for a meeting should be addressed to the Texas Credit
Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200302461
Harold E. Feeney
Commissioner
Credit Union Department
Filed: April 15, 2003
Notice is given that the following application has been filed with the
Credit Union Department and is under consideration:
An application was received from First Educators Credit Union, Houston,
Texas to expand its field of membership. The proposal would permit employees
of Contractor Technology, LTD and its subsidiaries who work in or are paid
or supervised from Houston, Texas, to be eligible for membership in the credit
union.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Credit unions that wish to comment on any application must
also complete a Notice of Protest form. The form may be obtained by contacting
the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html.
Any written comments must provide all information that the interested party
wishes the Department to consider in evaluating the application. All information
received will be weighed during consideration of the merits of an application.
Comments or a request for a meeting should be addressed to the Texas Credit
Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200302460
Harold E. Feeney
Commissioner
Credit Union Department
Filed: April 15, 2003
In accordance with the provisions of 7 TAC Section 91.103, the Credit Union
Department provides notice of the final action taken on the following application(s):
Application(s) to Expand Field of Membership - Approved
First Community Credit Union, Portland, Texas - See
Texas Register
issue dated March 28, 2003.
MemberSource Credit Union, Houston, Texas - See
Texas Register
issue dated March 28, 2003.
Application(s) to Amend Articles of Incorporation - Approved
Brownsville Teachers Credit Union, Brownsville, Texas - See
Texas Register
issue dated March 28, 2003.
Application(s) for a Merger or Consolidation
Kilgore Ceramics Federal Credit Union (Kilgore) and East Texas Professional
Credit Union (Longview) - See
Texas Register
issue
dated December 13, 2002.
TRD-200302462
Harold E. Feeney
Commissioner
Credit Union Department
Filed: April 15, 2003
Enforcement Orders
An agreed order was entered regarding EQUISTAR CHEMICALS, L.P., Docket
No. 1999- 1410-AIR-E on April 3, 2003 assessing $67,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
KELLY MEGO, Staff Attorney at (713)422-8916, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF HUBBARD, Docket No. 2001-0373-MWD-E
on April 3, 2003 assessing $7,600 in administrative penalties with $1,520
deferred.
Information concerning any aspect of this order may be obtained by contacting
JEFF KUNZE, Enforcement Coordinator at (254)761-3021, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AQUASOURCE UTILITY, INC. DBA PINE
TRAILS UTILITY, INC., THE GAP WATER COMPANY, CHEROKEE POINT WATER COMPANY,
INC., INGRAM WATER SUPPLY, INC., AND H2M WATER SYSTEM, Docket No. 2001-0677-
PWS-E on April 3, 2003 assessing $23,820 in administrative penalties with
$4,764 deferred.
Information concerning any aspect of this order may be obtained by contacting
ELVIA MASKE, Enforcement Coordinator at (512)239-0789, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding MYRL HERRIN DBA BRAZOS BODY SHOP,
Docket No. 2001-1505-AIR-E on April 3, 2003 assessing $10,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
DIANA GRAWITCH, Staff Attorney at (512)239-0939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF ALAMO, Docket No. 2001-1091-PWS-E
on April 3, 2003 assessing $3,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
DIANA GRAWITCH, Staff Attorney at (512)239-0939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding SHARON WALKER DBA STAR PLAZA TRUCK
STOP, Docket No. 2002-0348-PST-E on April 3, 2003 assessing $22,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
DIANA GRAWITCH, Staff Attorney at (512)239-0939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JOSE JAIME CANO DBA CANO RANCH, Docket
No. 2002-0597-MLM-E on April 3, 2003 assessing $10,750 in administrative penalties
with $2,150 deferred.
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 CHEMICAL LIME, LTD. DBA CHEMICAL
LIME NEW BRAUNFELS, LTD., Docket No. 2002-0605-AIR-E on April 3, 2003 assessing
$30,000 in administrative penalties with $6,000 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 UNION CARBIDE CORPORATION, Docket
No. 2002- 0902-AIR-E on April 3, 2003 assessing $11,700 in administrative
penalties with $2,340 deferred.
Information concerning any aspect of this order may be obtained by contacting
MIRIAM HALL, Enforcement Coordinator at (512)239-1044, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CWS COMMUNITIES TRUST DBA CREEKSIDE
MOBILE HOME COMMUNITY, Docket No. 2001-0153-PWS-E on April 3, 2003 assessing
$2,498 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
BRIAN LEHMKUHLE, Enforcement Coordinator at (512)239-4482, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BOBKAT ARGICULTURAL SERVICES AND
CONSTRUCTION, INC., Docket No. 2002-0753-MSW-E on April 3, 2003 assessing
$1,000 in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
THOMAS GREIMEL, Enforcement Coordinator at (512)239-5690, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF BECKVILLE, Docket No. 2002-0107-PWS-E
on April 3, 2003 assessing $1,688 in administrative penalties.
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 ASYA ENTERPRISES, INC. DBA PHILLIPS
66, Docket No. 2002-0832-PST-E on April 3, 2003 assessing $2,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
CATHERINE ALBRECHT, Enforcement Coordinator at (713)767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding R. L. WORTH & ASSOCIATES, LTD.,
Docket No. 2002-0969-EAQ-E on April 3, 2003 assessing $650 in administrative
penalties with $130 deferred.
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 NORTH ORANGE WATER AND SEWER, LLC,
Docket No. 2002-0766-MWD-E on April 3, 2003 assessing $14,375 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURA CLARK, Enforcement Coordinator at (409)898-3838, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF MEXIA, Docket No. 2002-0405-MWD-E
on April 3, 2003 assessing $21,000 in administrative penalties.
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 QUSRA CORPORATION DBA LONE STAR SUPERETTE,
Docket No. 2002-0578-PST-E on April 3, 2003 assessing $3,000 in administrative
penalties with $2,400 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 ZARMIN ENTERPRISES, INC. DBA MINUTE
MART, Docket No. 2002-0071-PST-E on April 3, 2003 assessing $5,625 in administrative
penalties with $5,025 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 WOODFOREST CORPORATION DBA STAR EXPRESS,
Docket No. 2001-1308-PST-E on April 3, 2003 assessing $1,500 in administrative
penalties with $300 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 GREIF BROS. CORPORATION, Docket No.
2002- 0957-AIR-E on April 3, 2003 assessing $2,250 in administrative penalties
with $450 deferred.
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 ELLWOOD TEXAS FORGE, L.P., Docket
No. 2002- 1271-AIR-E on April 3, 2003 assessing $1,625 in administrative penalties
with $325 deferred.
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 DARTCO OF TEXAS LIMITED PARTNERSHIP,
Docket No. 2002-1193-AIR-E on April 3, 2003 assessing $4,000 in administrative
penalties with $800 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 JAMES W. TUCKER, JEFF S. TUCKER,
REBECCA S. TUCKER AND CROSSROADS ENVIRONMENTAL CORPORATION, Docket No. 2002-
0683-UIC-E on April 3, 2003 assessing $1,250 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 CELESTINE HOLCOMB DBA HOLCOMB ENVIRONMENTAL
OIL SERVICE, Docket No. 2002-0994-MSW-E on April 3, 2003 assessing $250 in
administrative penalties with $50 deferred.
Information concerning any aspect of this order may be obtained by contacting
GILBERT ANGELLE, Enforcement Coordinator at (512)239-4489, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WOOD PROCESSING SERVICES, INC., Docket
No. 2002-0866-MSW-E on April 3, 2003 assessing $11,000 in administrative penalties
with $2,200 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 UNITED PETROLEUM TRANSPORTS, INC.,
Docket No. 2002-0565-AIR-E on April 3, 2003 assessing $3,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
SUSAN KELLY, Enforcement Coordinator at (409)899-8704, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ULTRAMAR DIAMOND SHAMROCK CORP.,
Docket No. 2002-0464-EAQ-E on April 3, 2003 assessing $1,500 in administrative
penalties with $300 deferred.
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 STERLING STILES, Docket No. 2002-0663-LII-E
on April 3, 2003 assessing $250 in administrative penalties with $50 deferred.
Information concerning any aspect of this order may be obtained by contacting
ERIKA FAIR, Enforcement Coordinator at (512)239-6673, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SOBHANI TRADERS, INC. DBA RPM KWIC
STOP #3 AND #1, Docket No. 2002-0784-PST-E on April 3, 2003 assessing $30,000
in administrative penalties with $29,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
JOHN BARRY, Enforcement Coordinator at (409)899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SMART MATERIALS, INC., Docket No.
2002-0814- AIR-E on April 3, 2003 assessing $1,000 in administrative penalties
with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
CATHERINE ALBRECHT, Enforcement Coordinator at (713)767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF SHEPHERD, Docket No. 2002-0065-MLM-E
on April 3, 2003 assessing $13,975 in administrative penalties with $45 deferred.
Information concerning any aspect of this order may be obtained by contacting
JOHN BARRY, Enforcement Coordinator at (409)899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HOBAS PIPE USA, INC., Docket No.
2002-1089-AIR-E on April 3, 2003 assessing $2,300 in administrative penalties
with $460 deferred.
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 HIRSCHFELD STEEL CO., INC., Docket
No. 2002- 0943-IHW on April 3, 2003 assessing $3,250 in administrative penalties.
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 HMW SPECIAL UTILITY DISTRICT DBA
TREICHEL WOODS ESTATES, Docket No. 2002-0456-PWS-E on April 3, 2003 assessing
$9,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
CATHERINE ALBRECHT, Enforcement Coordinator at (713)767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding H & M PLATING COMPANY, INC.,
Docket No. 2002- 0624-AIR-E on April 3, 2003 assessing $18,000 in administrative
penalties with $3,600 deferred.
Information concerning any aspect of this order may be obtained by contacting
STACEY YOUNG, Enforcement Coordinator at (512)239-1899, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding LB BEAUMONT LLC DBA HILTON BEAUMONT,
Docket No. 2002-0908-PST-E on April 3, 2003 assessing $4,500 in administrative
penalties with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting
JOHN BARRY, Enforcement Coordinator at (409)899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding KMM INTERESTS, INC. DBA BOERNE SUPERSTORE
LTD, Docket No. 2002-0112-PWS-E on April 3, 2003 assessing $1,500 in administrative
penalties with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
MERRILEE GERBERDING, Enforcement Coordinator at (512)239-4490, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JOCHEM JONGSMA DBA JOCHEM JONGSMA
DAIRY, Docket No. 2002-0220-AGR-E on April 3, 2003 assessing $16,500 in administrative
penalties with $15,900 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 JELD-WEN, INC., Docket No. 2002-1023-AIR-E
on April 3, 2003 assessing $5,000 in administrative penalties with $1,000
deferred.
Information concerning any aspect of this order may be obtained by contacting
MIRIAM HALL, Enforcement Coordinator at (512)239-1044, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding INTERNATIONAL PAPER COMPANY, Docket
No. 2002-0948-AIR-E on April 3, 2003 assessing $1,875 in administrative penalties
with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
THOMAS JECHA, Enforcement Coordinator at (512)239-2576, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding INTERNATIONAL AIRPORT SQUARE INVESTMENT,
LTD. DBA RODEWAY INN INTERCONTINENTAL AIRPORT, Docket No. 2002-0815-MWD-E
on April 3, 2003 assessing $6,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
CATHERINE ALBRECHT, Enforcement Coordinator at (713)767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200302475
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 15, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) conducted
hearings to receive comments from the public on actions the commission should
take to protect the Edwards Aquifer from pollution, as required under Texas
Water Code, §26.046. This requirement assists the commission in its shared
responsibility with local governments such as cities and groundwater conservation
districts to protect the water quality of the aquifer.
In accordance with 30 TAC Chapter 213, annual hearings are held on the
Edwards Aquifer Protection Program (EAPP) and the TCEQ's rules addressing
regulated development over the designated contributing, recharge, and transition
zones of the Edwards Aquifer. The hearings for 2001 were held in San Antonio
on April 17, 2001, and in Austin on April 24, 2001.
The TCEQ has released the responses to verbal and written comments from
the April 2001 public hearings and written comment period. The document is
available at the TCEQ's EAPP Web site at
www.tnrcc.state.tx.us/EAPP/.
A copy can also be obtained at the appropriate TCEQ regional office.
For Bexar, Comal, Kinney, Medina, or Uvalde Counties: San Antonio Regional
Office, 114250 Judson Road, San Antonio, Texas 78233-4480, Telephone Number
(210) 490-3096, and Fax Number (210) 545-4329; For Hays, Travis, or Williamson
Counties: Austin Regional Office, 1921 Cedar Bend, Suite 150, Austin, Texas
78758-5336, Telephone Number (512) 339-2929, and Fax Number (512) 339-3795.
For further information, please contact Ms. Julie Talkington, Office of
Compliance and Enforcement, at (512) 239-0906.
TRD-200302471
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: April 15, 2003
Notice mailed April 9, 2003.
TCEQ Internal Control No. 01282003-D02; RES/VLS Real Estate Limited Partnership,
H. Devon Graham, Jr., Successor Co-Trustee, JPMORGAN CHASE BANK, Successor
Co-Trustee, and Planned Community Developers, LTD., ("Petitioners") filed
a petition for creation of Fort Bend County Municipal Utility District No.140
("District") with the Texas Commission on Environmental Quality ("TCEQ").
The petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states that: (1) the petitioner is the owner of a majority in value
of the land to be included in the proposed District; (2) that there are no
lienholders on the property to be included in the proposed District; (3) the
proposed District will contain approximately 368.8 acres located within Fort
Bend County, Texas; and (4) the proposed District is within the extraterritorial
jurisdiction of the City of Richmond, Texas, and is not within the jurisdiction
of any other city. By Ordinance No. 2002-18, effective December 9, 2002, the
City of Richmond, Texas, gave its consent to the creation of the proposed
District. According to the petition, the Petitioner has conducted a preliminary
investigation to determine the cost of the project, and from the information
available at the time, the cost of the project is estimated to be approximately
$16,000,000.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on these petitions if a written
hearing request is filed within 30 days after the newspaper publication of
the notice. 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) the name
of the petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed district's
boundaries. You may also submit your proposed adjustments to the petition
which would satisfy your concerns. Requests for a contested case hearing must
be submitted in writing to the Office of the Chief Clerk at the address provided
in the information section below.
The Executive Director may approve the petitions unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of the notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests 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, 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-200302474
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 15, 2003
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 27, 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 27, 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: Bill's Welding & Roustabout, Inc.; DOCKET NUMBER: 2002-0743-PST-E;
TCEQ ID NUMBER: 61088; LOCATION: 706 North Avenue M, Post, Garza County, Texas;
TYPE OF FACILITY: fleet refueling; RULES VIOLATED: 30 TAC §334.55(a)(6),
by failing to determine whether any prior releases of a stored regulated substance
occurred from the underground storage tank (UST); 30 TAC §334.7(d)(3)
and §334.127(d), by failing to provide written notice to the ED of a
change in the operational status of the UST and failing to provide written
notice of a change of the status to reflect the accurate tank capacity; and
30 TAC §§334.21, 334.22, and 334.128, by failing to pay outstanding
UST fees; PENALTY: $5,400; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation
Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Lubbock Regional Office,
4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(2) COMPANY: DJ Contractors Inc.; DOCKET NUMBER: 2000-1437-MLM-E; TCEQ
ID NUMBER: EE1738W; LOCATION: 3760 Doniphan Drive, El Paso, El Paso County,
Texas; TYPE OF FACILITY: storage yard for street construction material; RULES
VIOLATED: 30 TAC §335.4, TWC, §26.121, and 40 Code of Federal Regulations
(CFR) §279.22(d) (1999), by failing to control discharges of oil onto
the soil; 30 TAC §324.1 and 40 CFR §279.22(c)(1) (1999), by failing
to properly manage containers of used oil; 30 TAC §328.23(a) and (b),
and Texas Health and Safety Code (THSC), §371.103(a) and (b), by failing
to properly manage used oil filters; and 30 TAC §335.62 and 40 CFR §262.11
(1999), by failing to conduct waste determinations; PENALTY: $23,275; STAFF
ATTORNEY: Robert Hernandez, Litigation Division, MC 175, (210) 403-4016; REGIONAL
OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso,
Texas 79901-1206, (915) 834-4949.
(3) COMPANY: MMN Incorporated dba Country Bear Mobil; DOCKET NUMBER: 2002-0128-
PST-E; TCEQ ID NUMBER: 0072177; LOCATION: 1901 Country Club, Mansfield, Tarrant
County, Texas; TYPE OF FACILITY: gasoline retail sales station; RULES VIOLATED:
30 TAC §115.245(2) and THSC, §382.085(b), by failing to perform
an annual pressure decay test; PENALTY: $1,250; STAFF ATTORNEY: Troy Nelson,
Litigation Division, MC R-5, (903) 525-0380; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(4) COMPANY: Natural Mining International, Inc.; DOCKET NUMBER: 2000-1087-AIR-E;
TCEQ ID NUMBER: BN-0025-H; LOCATION: Highway Contract 65, 60 miles south of
Alpine on State Highway 118, Brewster County, Texas; TYPE OF FACILITY: bentonite
processing plant; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a)
and §382.085(b), by failing to obtain a permit or permit by rule authorization;
and 30 TAC §111.111 and THSC, §382.085(b), by failing to maintain
opacity from the deduster fan below 20%; PENALTY: $6,500; STAFF ATTORNEY:
John Sumner, Litigation Division, MC R-7, (915) 620-6118; REGIONAL OFFICE:
El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas
79901-1206, (915) 834-4949.
(5) COMPANY: Preston Allen; DOCKET NUMBER: 1996-1160-OSI-E; TCEQ ID NUMBER:
4060; LOCATION: 6210 Interstate Highway 35 South, Fort Worth, Tarrant County,
Texas; TYPE OF FACILITY: on-site sewage installation and repair business;
RULES VIOLATED: 30 TAC §285.12 and §285.13, and THSC, §366.004,
by installing an on-site sewage facility in soil that failed to have a percolation
rate of 60 minutes or less; PENALTY: $6,600; STAFF ATTORNEY: Robert Hernandez,
Litigation Division, MC 175, (210) 403-4016; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(6) COMPANY: Saheem Enterprises Inc. dba Corner Food Mart; DOCKET NUMBER:
2001-0850- PST-E; TCEQ ID NUMBER: 71755; LOCATION: 5303 Blanco Road, San Antonio,
Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.74, by failing to investigate
and confirm a suspected release from its UST system within 30 days of discovery
of a suspected release revealed by vapor monitoring; 30 TAC §334.72 and §334.76(1),
by failing to report a suspected release within 24 hours after vapor monitoring
records indicated a possible release; 30 TAC §334.76(3) and §334.77,
and TWC, §26.121(a)(3) and §26.351(b), by failing to perform abatement
measures and take corrective action, including identifying and mitigating
fire, explosion, and vapor hazards once a release was confirmed from the UST
system; 30 TAC §334.50(a)(1) and (b)(1)(A), by failing to provide appropriate
release detection for the UST system; 30 TAC §37.835(b), by failing to
obtain liability insurance that contains the specific wording required by
30 TAC §37.835(b); and 30 TAC §334.10(b), by failing to document
overfill prevention; PENALTY: $42,200; STAFF ATTORNEY: Robin Chapman, Litigation
Division, MC 175, (512) 239-0497; REGIONAL OFFICE: San Antonio Regional Office,
14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(7) COMPANY: Shive Hari Inc., dba Texas Food Store; DOCKET NUMBER: 201-0380-PST-E;
TCEQ ID NUMBER: 0070037; LOCATION: 1101 California Lane, Arlington, Tarrant
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §115.244(1) - (3), and THSC, §382.085(b),
by failing to conduct daily inspections for the stage II recovery system and
to conduct monthly inspections of stage II vapor recovery system components;
30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that
at least one station representative completed a TCEQ approved stage II training
course in the operation and maintenance of the stage II vapor recovery system;
30 TAC §334.7(d)(3), by failing to provide amended registration for any
change or additional information regarding USTs within 30 days from the date
of occurrence of the change or addition or within 30 days of the date on which
the owner or operator first became aware of the change or addition; 30 TAC §334.50(b)(1)(A),
(b)(2)(A)(i)(III), and §334.50(b)(2)(A)(i)(I), and TWC, §26.3475,
by failing to monitor USTs for releases at a frequency of at least once a
month, not to exceed 35 days between each monitoring, and failing to perform
an annual performance test on the line leak detector and the tightness test
for pressurized piping; 30 TAC §115.245(2) and THSC, §382.085(b),
by failing to perform the annual pressure decay testing; and 30 TAC §334.50(b)(1)(A), §334.50(b)(2)(A)(i)(III)
and (ii)(I), and TWC, §26.3475, by failing to conduct daily inspections
for the stage II vapor recovery system and to conduct monthly inspections
of stage II vapor recovery system components; PENALTY: $10,000; STAFF ATTORNEY:
Robert Hernandez, Litigation Division, MC 175, (210) 403-4016; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(8) COMPANY: Steve Parks dba Steve's Country Store; DOCKET NUMBER: 2001-1061-PST-E;
TCEQ ID NUMBER: 10762; LOCATION: State Highway 55 and Farm to Market Road
335, Barksdale, Edwards County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A)
and TWC, §26.3475, by failing to have release detection for the UST;
30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475, by failing to
test the line detectors at least once per year for performance and operational
reliability; 30 TAC §334.49(a) and TWC, §26.3475, by failing to
install corrosion protection for the UST system; 30 TAC §334.7(d)(3),
by failing to provide written notice of any change or additional information
concerning the UST system to the ED within 30 days from the date of occurrence
or addition; and 30 TAC §334.8(c)(4)(B) and (A)(vi)(I), and TWC, §26.346(a),
by failing to submit a self-certification form; PENALTY: $17,000; STAFF ATTORNEY:
Kelly W. Mego, Litigation Division, MC R-12, (713) 422- 8916; REGIONAL OFFICE:
San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(9) COMPANY: Waggon Cellers, South America, LLC; DOCKET NUMBER: 2001-1442-IHW-E;
TCEQ ID NUMBER: 85263; LOCATION: 6500 South Washington, Amarillo, Randall
County, Texas; TYPE OF FACILITY: wood cart manufacturing; RULES VIOLATED:
30 TAC §335.69(d)(1), by failing to keep containers closed, except when
adding or removing waste; and 30 TAC §335.69(d)(2) and 40 CFR §262.34(c)(1)(ii),
by failing to label or clearly mark containers with the words "Hazardous Waste"
or other words that identify the contents of the containers; PENALTY: $2,500;
STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201;
REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas
79109-4933, (806) 353-9251.
TRD-200302452
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 15, 2003
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 27, 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 27, 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: Brookeland Fresh Water Supply District; DOCKET NUMBER: 2001-0519-MWD-
E; TCEQ ID NUMBER: 10998-001; LOCATION: 400 feet south of Recreational Road
255 and approximately five miles west of the intersection of Recreational
Road 255 and U. S. Highway 96, Sam Rayburn, Jasper County, Texas; TYPE OF
FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1)
and (5), TWC, §263.121, and Texas Pollutant Discharge Elimination System
(TPDES) Permit Number 10998-001, Operational Requirements Number 1, by failing
to ensure that all the systems of collection, treatment, and disposal were
properly operated and maintained; 30 TAC §305.125(1) and TPDES Permit
Number 10998-001, Sludge Provisions, Section II.F, by failing to submit annual
sludge reports; 30 TAC §305.125(1) and (19), and TPDES Permit Number
10998-001, Permit Conditions Number 1.a., by failing to promptly submit corrected
information after being made aware that incorrect information was submitted;
30 TAC §305.125(1) and §319.11, 40 Code of Federal Regulations (CFR) §136.3(e),
and TPDES Permit Number 10998-001, Monitoring and Reporting Requirements Number
2, by failing to adhere to sampling and laboratory testing methods prescribed
by the rule; and 30 TAC §305.125(1) and §319.11, and TPDES Permit
Number 10998-001, Monitoring and Reporting Requirements Number 2, by failing
to accurately calculate loading measurements for effluent biochemical oxygen
demand and total suspended solids (TSS), by failing to adhere to sampling
and laboratory testing methods prescribed by rule; and 30 TAC §305.125(1),
TWC, §26.121, and TPDES Permit Number 10998-001, Final Effluent Limitations
and Monitoring Requirements Numbers 1 and 2, by failing to meet permit effluent
limitations for TSS daily average, TSS individual grab, and chlorine residual
maximum; PENALTY: $9,375; STAFF ATTORNEY: Shannon Strong, Litigation Division,
MC 175, (512) 239-6201; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(2) COMPANY: Carlos Flores dba Del Rio Fisherman's Headquarters; DOCKET
NUMBER: 2002- 0774-PWS-E; TCEQ ID NUMBER: 2330016; LOCATION: at the intersection
of Highway 90 and Highway 277, five miles west of Del Rio, Val Verde County,
Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2)
and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect
and submit routine monthly bacterial samples; 30 TAC §290.109(c)(3),
by failing to submit and repeat bacteriological samples following the samples
containing coliform organisms; 30 TAC §290.109(c)(2)(f), by failing to
collect and submit additional routine bacteriological samples following a
coliform-positive sample; 30 TAC §290.109(f)(3) and THSC, §341.031(a),
by exceeding the maximum contaminant level for total coliform bacteria; and
30 TAC §290.109(g), by failing to provide public notification; PENALTY:
$3,438; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175,
(512) 239-6939; REGIONAL OFFICE: Laredo Regional Office, 1403 Seymour, Suite
2, Laredo, Texas 78040-8752, (956) 791-6611.
(3) COMPANY: Citgo Refining & Chemicals Company, L.P.; DOCKET NUMBER:
2002-0290- AIR-E; TCEQ ID NUMBERS: NE-0027-V, 2704A and 2703A; LOCATION: 1801
Nueces Bay Boulevard, Corpus Christi, Nueces County, Texas; TYPE OF FACILITY:
petrochemical plant and refinery; RULES VIOLATED: 30 TAC §101.6(a) and
THSC, §382.085(b), by failing to notify the TCEQ Corpus Christi regional
office within 24 hours after the discovery of two upset events; and 30 TAC §116.115(b)(2)(G)
and (c), TCEQ Permit Number 2704 A, General Provision 1, TCEQ Permit Numbers
2703A, Special Provision 1 and 3390A, Special Provision 1, and THSC, §382.085(b),
by failing to obtain regulatory authority to meet the demonstration requirements
for upset emissions resulting from two separate events; PENALTY: $23,100;
STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548;
REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200,
Corpus Christi, Texas 78412-5503, (361) 825-3100.
(4) COMPANY: Davis Young dba Young Auto Service; DOCKET NUMBER: 2001-1465-MSW-E;
TCEQ ID NUMBER: none; LOCATION: 511 North Main, Weatherford, Parker County,
Texas; TYPE OF FACILITY: auto repair shop; RULES VIOLATED: TCEQ Agreed Order,
Docket Number 1999- 0601-MSW-E and TWC, §26.121, by failing to initiate
a remedial investigation, including sampling and analyzing contaminated soils,
performing proper hazardous waste determinations on soils and initiating the
removal or decontamination of affected soils; PENALTY: $25,000; STAFF ATTORNEY:
Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(5) COMPANY: ExxonMobil Oil Corporation dba Mobil Chemical Company; DOCKET
NUMBER: 2001-1044-AIR-E; TCEQ ID NUMBER: JE-0062-S; LOCATION: 2775 Gulf States
Road, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petrochemical manufacturing
plant; RULES VIOLATED: 30 TAC §101.20(1) and (3), and §116.115(c),
TCEQ Air Permit Number 7799/PSD- TX-860, Special Condition 10.A.; 40 CFR §60.487(e),
and THSC, §382.085(b), by failing to submit initial stack test reports
for temporary flares within 180 days after initial startup; 30 TAC §113.130,
THSC, §382.085(b), and 40 CFR §63.164(g)(1), by failing to repair
vapor compressors within 15 days after detection of a leak; 30 TAC §101.20(3)
and §116.115(c), TCEQ Air Permit Number 7799/PSD-TX-860, Special Condition
15.B., and THSC, §382.085(b), by failing to monitor water from Cooling
Tower 4 utilizing an approved method; and 30 TAC §101.20(3), §116.115(b)(2)(G)
and (c), TCEQ Permit Number 7799/PSD-TX-860, Special Condition 1, and THSC, §382.085(b),
by failing to comply with permitted sulfur dioxide and carbon monoxide emission
limits; PENALTY: $25,000; STAFF ATTORNEY: Lisa Uselton Dyar, Litigation Division,
MC 175, (512) 239-5692; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(6) COMPANY: Jeff Walker Jr. dba Walker Brothers Construction Co.; DOCKET
NUMBER: 2000-1417-MSW-E; TCEQ ID NUMBER: 455100030; LOCATION: Route 2, Box
63, Newton, Newton County, Texas; TYPE OF FACILITY: construction; RULES VIOLATED:
30 TAC §111.201 and THSC, §382.085(b), by failing to obtain a permit
or other written permission from the executive director prior to conducting
outdoor burning; and 30 TAC §330.5(a) and (c), by causing, suffering,
allowing, or permitting the collection, storage, transportation, processing,
or disposal of municipal solid waste without written authorization from the
commission; PENALTY: $7,500; STAFF ATTORNEY: Shannon Strong, Litigation Division,
MC 175, (512) 239-6201; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(7) COMPANY: Kirk O'Keefe dba O'Keefe Cutting Horses; DOCKET NUMBER: 2001-0059-
AGR-E; TCEQ ID NUMBER: none; LOCATION: 115 Pickard Lane, Weatherford, Parker
County, Texas; TYPE OF FACILITY: cutting horse operation; RULES VIOLATED:
30 TAC §321.31(a) and TWC, §26.121, by failing to prevent an unauthorized
discharge of wastewater from animal feeding operations into local stock ponds;
and 30 TAC §321.33(e) and §321.40(1), by failing to construct waste
control facilities; PENALTY: $9,375; STAFF ATTORNEY: Diana Grawitch, Litigation
Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Ronald Wise dba Wise Landscape; DOCKET NUMBER: 2002-0669-LII-E;
TCEQ ID NUMBER: none; LOCATION: 411 Church Street, Navasota, Grimes County,
Texas; TYPE OF FACILITY: unlicenced irrigator; RULES VIOLATED: 30 TAC §344.4(a)
and TWC, §34.007(a), by selling and installing a landscape irrigation
system without holding a valid irrigator's license; and 30 TAC §344.58(b)
and TWC, §34.007, by presenting, without permission, a certificate of
registration for irrigation installation; PENALTY: $2,750; STAFF ATTORNEY:
Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL
OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(9) COMPANY: Tri-County Petroleum, Inc.; DOCKET NUMBER: 2001-1360-PSTO-E;
TCEQ ID NUMBER: none; LOCATION: Highway 359 and Halvison Road, Pattison, Waller
County, Texas; TYPE OF FACILITY: fuel distributor; RULES VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to ensure that an owner or operator of a underground storage tank
(UST) system has a valid, current TCEQ delivery certificate prior to the deposit
of any regulated substance into a regulated UST system; PENALTY: $6,000; STAFF
ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239- 2029; REGIONAL
OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
TRD-200302451
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 15, 2003
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on April 1, 2003,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. Lindon Stewart; SOAH Docket No. 582-02-2950; TCEQ Docket
No. TCEQ DOCKET 2001-0305-AIR-E. The commission will consider the Administrative
Law Judge's Proposal for Decision and Order regarding the enforcement action
against Lindon Stewart on a date and time to be determined by the Office of
the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin,
Texas. This posting is Notice of Opportunity to Comment on the Proposal for
Decision and Order. The comment period will end 30 days from date of this
publication. Written public comments should be submitted to the Office of
the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If
you have any questions or need assistance, please contact Doug Kitts, Office
of the Chief Clerk, (512) 239-3317.
TRD-200302476
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 15, 2003
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 23, 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 23, 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: Arnold Crushed Stone, Inc.; DOCKET NUMBER: 2003-0021-AIR-E;
IDENTIFIER: Air Account Number HO-0003-T; LOCATION: Blum, Hill County, Texas;
TYPE OF FACILITY: rock crushing; RULE VIOLATED: Agreed Order Docket Number
1998-1433-AIR-E and THSC, §382.085(b), by failing to submit written certification
that either authorization to operate the rock crushing plant had been obtained
or that operation had ceased, and failing to conduct opacity readings; and
30 TAC §116.115(c), Air Permit Number 41292, and THSC, §382.085(b),
by failing to install permanently mounted spray bars; PENALTY: $1,800; ENFORCEMENT
COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 6801 Sanger Avenue,
Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(2) COMPANY: Brinker Texas, LP dba Chili's Restaurant; DOCKET NUMBER: 2003-0130-
EAQ-E; IDENTIFIER: Edwards Aquifer (EAQ) Protection Program File Number 98102202;
LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: real property;
RULE VIOLATED: 30 TAC §213.4(k) and EAQ Protection File Number 98102202,
by failing to comply with a special condition of an approved EAQ protection
plan; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929;
REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
(3) COMPANY: Flying J Inc.; DOCKET NUMBER: 2002-1122-MWD-E; IDENTIFIER:
Petroleum Storage Tank (PST) Facility Identification Number 0069778; LOCATION:
Tye, Taylor County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: the Code, §26.121, by failing to prevent
an unauthorized discharge of petroleum contaminated wastewater from its oil-water
separator; PENALTY: $800; ENFORCEMENT COORDINATOR: Gloria Stanford, (512)
239-1871; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833,
(915) 698-9674.
(4) COMPANY: Frisia Farms Dairy #1, L.L.C.; DOCKET NUMBER: 2002-1082-AGR-E;
IDENTIFIER: Water Quality Permit Number 03199; LOCATION: near Hico, Erath
County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31(a)
and §321.39(f)(19)(A), Water Quality Permit Number 03199, and the Code, §26.121(a),
by failing to prevent irrigated wastewater from entering the waters in the
state; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Glazer's Wholesale Drug Company, Inc.; DOCKET NUMBER: 2002-1367-
PST-E; IDENTIFIER: PST Facility Identification Number 0040849; LOCATION: Houston,
Harris County, Texas; TYPE OF FACILITY: distribution; RULE VIOLATED: 30 TAC §334.8(c)(4)(B)
and (5)(A)(i) and the Code, §26.3467(a), by failing to submit an underground
storage tank registration and self-certification form and failing to have
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.
(6) COMPANY: Jackson County Water Control and Improvement District Number
1; DOCKET NUMBER: 2002-1406-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number
1200003; LOCATION: Lolita, Jackson County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §290.46(m), by failing to maintain
the system's facilities and equipment; 30 TAC §290.44(h)(l) and THSC, §341.033(f),
by failing to prohibit water connections where an actual or potential contamination
hazard exists without an air gap separation or an approved backflow prevention
assembly; 30 TAC §290.110(b)(4) and THSC, §341.0315(c), by failing
to maintain the residual disinfectant concentrations; and 30 TAC §290.42(e)(4),
by failing to provide a full-face self-contained breathing apparatus or supplied
air respirator; PENALTY: $1,523; ENFORCEMENT COORDINATOR: Audra Baumgartner,
(361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi,
Texas 78412-5503, (361) 825-3100.
(7) COMPANY: Masters Resources, LLC; DOCKET NUMBER: 2002-1318-AIR-E; IDENTIFIER:
Air Account Number CI-0175-U; LOCATION: Galveston Bay, Chambers County, Texas;
TYPE OF FACILITY: oil and gas compressor station; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit an annual compliance certification;
and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit
a semiannual deviation report; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Trina
Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(8) COMPANY: Oiltanking Houston, L.P.; DOCKET NUMBER: 2002-1362-AIR-E;
IDENTIFIER: Air Account Number HG-0531-D; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: bulk storage and transfer terminal; RULE VIOLATED:
30 TAC §§122.143(4), 122.145(2)(C), and 122.146(2), and THSC, §382.085(b),
by failing to submit the annual compliance certification and deviation report;
PENALTY: $1,800; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(9) COMPANY: Owens Corning; DOCKET NUMBER: 2002-1334-AIR-E; IDENTIFIER:
Air Account Number RB-0010-D; LOCATION: Amarillo, Randall County, Texas; TYPE
OF FACILITY: fiberglass manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(G)
and (c), Air Permit Number 5042/PSD-TX-844, and THSC, §382.085(b), by
failing to meet the particulate matter, oxides of nitrogen, and hydrogen fluoride
emission standards, and failing to meet the combined sulfur dioxide emission
standards; and 30 TAC §§21.4, 101.21, and 335.323, by failing to
pay fees; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092;
REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(10) COMPANY: Red River County Water Control & Improvement District
1 - Langford Creek; DOCKET NUMBER: 2003-0001-WR-E; IDENTIFIER: District Number
7234000; LOCATION: near Clarksville, Red River County, Texas; TYPE OF FACILITY:
water right; RULE VIOLATED: 30 TAC §288.30(1), by failing to submit the
required water conservation plan for municipal uses for a water right holder
of greater than 1,000 acre-feet per year; PENALTY: $525; ENFORCEMENT COORDINATOR:
Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 2916 Teague Drive, Tyler,
Texas 75701-3756, (903) 535-5100 .
(11) COMPANY: Southwest Utilities, Inc. dba Piney Point Subdivision Water
System; DOCKET NUMBER: 2002-1267-PWS-E; IDENTIFIER: PWS Number 1700061 and
Certificate of Convenience and Necessity Number 11740; LOCATION: Conroe, Montgomery
County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(A)(i)
and THSC, §341.0315(c), by failing to provide a well capacity of 1.5
gallons per minute per connection; 30 TAC §291.93(3), by failing to provide
a written planning report; and 30 TAC §290.51(a)(3), by failing to pay
outstanding late public health service fees; PENALTY: $394; ENFORCEMENT COORDINATOR:
Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: Tenaska III Partners, Ltd. dba Tenaska III Texas Partners;
DOCKET NUMBER: 2002-1329-AIR-E; IDENTIFIER: Air Account Number LA-0045-F;
LOCATION: Paris, Lamar County, Texas; TYPE OF FACILITY: electrical power generation
plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b),
by failing to submit the annual Title V compliance certification; PENALTY:
$1,620; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE:
2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535- 5100.
(13) COMPANY: The Kippur Corporation; DOCKET NUMBER: 2003-0248-AIR-E; IDENTIFIER:
Air Account Number 95-0074-P; LOCATION: El Paso, El Paso County, Texas; TYPE
OF FACILITY: incinerator; RULE VIOLATED: 30 TAC §116.115(a)(2)(A), by
failing to properly operate a dual-chamber incinerator; and 30 TAC §111.121(5)
and THSC, §382.085(b), by failing to keep visible emissions from exceeding
an opacity of 5.0%; PENALTY: $850; ENFORCEMENT COORDINATOR: Jill Kelley, (915)
834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas
79901-1206, (915) 834-4949.
(14) COMPANY: Westphalia Water and Sewer Supply Corporation; DOCKET NUMBER:
2002-1093-MLM-E; IDENTIFIER: Water Quality Permit Number 13571-001 and Air
Account Number FA-0061-E; LOCATION: Westphalia, Falls County, Texas; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: the Code, §26.121(a)(1)
and (d), by failing to prevent the unauthorized discharge of partially treated
sewage and failing to adequately notify the commission of an unauthorized
discharge of wastewater; 30 TAC §305.65 and §305.125(2) and the
Code, §26.121, by discharging wastewater into water in the state without
a permit; 30 TAC §317.7(e), by failing to construct a perimeter fence;
and 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to control
odors at the plant; PENALTY: $600; ENFORCEMENT COORDINATOR: David Van Soest,
(512) 239-0468; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
TRD-200302459
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 15, 2003
The executive director (ED) of the Texas Commission on Environmental Quality
(TCEQ or commission) is issuing this notice of deletion of the Barlow's Wills
Point Plating Proposed State Superfund Site (the site) from its proposed-for-listing
status in the state registry, the list of state Superfund sites. The state
registry lists the contaminated sites which may constitute an imminent and
substantial endangerment to public health and safety or the environment due
to a release or threatened release of hazardous substances into the environment.
The site was originally proposed for listing in the state registry in the
November 12, 1996, edition of the
Texas Register
(21 TexReg 11126). The site, including all land, structures, appurtenances,
and other improvements, is approximately two acres located in an unincorporated
area of Van Zandt County, Texas on the south side of U.S. Highway 80, 3.4
miles east of the intersection of U.S. Highway 80 and State Highway 64 in
Wills Point, Texas. In addition, the site included areas where hazardous substance(s)
came to be located as a result, either directly or indirectly, of releases
of hazardous substance(s) from the site.
The site operated as an electroplating facility from April 1987 to March
1990. In March 1990, the site was abandoned. The site was investigated under
the state Superfund program. The investigation indicated an area of nickel-contaminated
soil and detectable nickel concentrations from wipe samples collected from
the slab of the on-site building. No contamination was detected in the groundwater.
The contaminated soil was removed to meet residential cleanup criteria established
by 30 Texas Administrative Code (TAC), Chapter 350, Texas Risk Reduction Program
(TRRP). The slab was decontaminated using the established method of pressure
washing with water.
The interior of the concrete building foundation contains nickel above
the protective concentration levels required for residential property. To
prevent exposure to such levels of this chemical of concern, the integrity
of the concrete building foundation on the property must not be disturbed.
A deed notice was placed in the Van Zandt County records to provide information
of this requirement. In conjunction with the aforementioned restriction, the
site is appropriate for residential use according to Protective Concentration
Levels in the TRRP.
In accordance with Texas Health and Safety Code, §361.190 and 30 TAC §350.335,
no person may take any action to substantially change the manner in which
this property is used without first notifying the ED of the TCEQ and receiving
written approval for the change. The notice must be in writing, addressed
to the ED, sent by certified mail (return receipt requested), and include
a brief description of the proposed change in use. A deed notice was placed
in the Van Zandt County records to provide information of this requirement.
Notice has been filed with the deed for the site in the land records of
Van Zandt County that residual contamination remains on site. The contamination
that exists on site is within the interior of the concrete building foundation.
Monitoring wells installed as part of the investigation have been plugged
and abandoned. The fence that was installed as part of the investigation will
be left in place. The lock on the gate of the fence has been removed. The
responsibility for maintenance of the site reverts back to the site owner.
In accordance with 30 TAC §335.344(b), the commission held a public
meeting to receive comments on the intended deletion of the site on February
20, 2003, at City Hall in Wills Point, Texas. Comments which were received
into the record were addressed at the public meeting by the commission. The
complete public file, including a transcript of the public meeting, may be
viewed during regular business hours at the commission's Records Management
Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753,
(800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.
In accordance with Texas Health and Safety Code, §361.188(d), a notice
will be filed in the real property records of Van Zandt County, Texas stating
that the site has been deleted from the state registry.
All inquiries regarding the deletion of the site should be directed to
Mr. Bruce McAnally, Community Relations, (800) 633-9363 or (512) 239-2141.
TRD-200302458
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 15, 2003
Notice of Public Hearing on Proposed Rules Relating to the Registration of Sanitarians
The Texas Department of Health (department) will hold a public hearing
to accept public comments on proposed rules in 25 Texas Administrative Code,
Chapter 265, concerning the regulation of sanitarians. These rules were published
in the April 18, 2003, issue of the
Texas Register
.
The hearing will be held from 8:00 a.m. - 9:00 a.m. on April 25, 2003,
in the Austin Room, Marriott Austin North, 2600 La Frontera Boulevard, Round
Rock, Texas.
Further information may be obtained from Yvonne Feinleib, Professional
Licensing and Certification Division, Texas Department of Health, 1100 West
49th Street, Austin, Texas 78756, Telephone (512) 834-4517.
TRD-200302447
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: April 14, 2003
Multifamily Finance Production
SUMMARY
Texas Department of Housing and Community
Affairs (the "Department" or "TDHCA") hereby requests qualification from institutions
that wish to provide Trustee services relating to multifamily bond transactions.
Firms that are interested in being considered by the Department for approval
to serve as Trustee for multifamily bond transactions should submit their
qualifications to the Department and its Financial Advisor. Firms may be approved
for a period of two years, after which they must re-submit their qualifications
for subsequent approval by the Department. Firms that were approved on or
before April 1, 2003, will remain as approved Trustees until April 1, 2005.
Firms must then resubmit their qualifications if they desire to be considered
for further approval.
Firms interested in submitting their qualifications for consideration should
contact Robbye Meyer at the Texas Department of Housing and Community Affairs,
Multifamily Finance Division, P.O. Box 13941, 507 Sabine, #700, Austin, Texas
78711-3941 and/or (512) 475-2213 and/or rmeyer@tdhca.state.tx.us and/or visit
our website at www.tdhca.state.tx.us for a complete copy of the Request for
Qualifications. Communication with any member of the board of directors concerning
any matter related to the request for qualifications is grounds for immediate
disqualification.
TRD-200302456
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 15, 2003
SUMMARY
Texas Department of Housing and Community
Affairs (the "Department" or "TDHCA") hereby requests qualifications from
investment banking firms that wish to provide Underwriting or Remarketing
Agent services relating to multifamily residential rental developments for
bonds issued under the Department’s Multifamily Mortgage Revenue Bond
Program. TDHCA intends to select firms that would serve in the capacity of
Senior Managing Underwriter, Co-Managing Underwriters or Remarketing Agents.
Firms that are interested in being considered by the Department for approval
to serve as an Underwriter for multifamily bond transactions should submit
their qualifications to the Department and its Financial Advisor. Firms may
be approved for a period of two years, after which they must re-submit their
qualifications for subsequent approval by the Department. Firms that were
approved on May 14, 1999, will remain as approved underwriters until May 14,
2004. Firms must then resubmit their qualifications if they desire to be considered
for further approval. Firms desiring to do so may also request a change in
status (e.g. from approval as a Co-Manager to approval as a Senior Managing
Underwriter) by re-submitting their qualifications for consideration.
Firms interested in submitting their qualifications for consideration should
contact Robbye Meyer at the Texas Department of Housing and Community Affairs,
Multifamily Finance Division, P.O. Box 13941, 507 Sabine, #700 Austin, Texas
78711-3941 and/or (512) 475-2213 and/or rmeyer@tdhca.state.tx.us and/or visit
our website at www.tdhca.state.tx.us for a complete copy of the Request for
Qualifications. Communication with any member of the board of directors concerning
any matter related to the request for qualifications is grounds for immediate
disqualification.
TRD-200302457
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 15, 2003
Multifamily Housing Revenue Bonds (Timber Oaks Apartments)
Series 2003
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Crouch Elementary School,
2810 Prairie Hill Lane, Grand Prairie, Texas 75051, at 6:00 p.m. on May 14,
2003 with respect to an issue of tax-exempt multifamily residential rental
development revenue bonds in an aggregate principal amount not to exceed $10,900,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds
will be loaned to OHC/GP I Ltd., a limited partnership, or a related person
or affiliate thereof (the "Borrower") to finance a portion of the costs of
acquiring, constructing and equipping a multifamily housing development (the
"Development") described as follows: 264-unit multifamily residential rental
development to be constructed on approximately 15.5 acres located at 700 Timber
Oaks Lane, Grand Prairie, Texas 75051. The project will be initially owned
and operated by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Robbye
Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine,
Austin, Texas 78701; (512) 475-2213 and/or rmeyer@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Robbye Meyer in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robbye Meyer prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1 (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200302455
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 15, 2003
Public Meeting Notice
HOUSTON-GALVESTON AREA COUNCIL
Public Meeting
Draft 2004-2006 Transportation Improvement Program
(TIP)
Houston-Galveston Area Council
3555 Timmons Lane
Houston, Texas 77027
Tuesday, May 20, 2003
5:30 p.m. - 6:30 p.m.
2nd Floor, Conference Room A
On Tuesday, May 20, 2003, at 5:30 p.m., the Houston-Galveston Area Council
(H-GAC) will host a public meeting on the Draft 2004-2006 Transportation Improvement
Program (TIP). The public is encouraged to attend this important meeting and
provide comments to H-GAC.
The public comment period on the amendments begins
Thursday, May 1, 2003.
All comments must be received by H-GAC no later
than
5 p.m., Monday, June 9, 2003.
To obtain
more detailed information, please visit H-GAC's Web site at
www.h-gac.com
or call Pat Waskowiak, Transportation Senior Planner,
at (713) 993-2456. Copies of the Draft 2004-2006 Transportation Improvement
Program (TIP) will be available beginning May 1, 2003. Written comments may
be submitted to Pat Waskowiak, Houston-Galveston Area Council, P.O. Box 22777,
Houston, Texas 77227, emailed to patricia.waskowiak@h-gac.com or faxed to
(713) 993-4508.
In compliance with the Americans with Disabilities Act, H-GAC will provide
for reasonable accommodations for persons with disabilities attending H-GAC
functions. Requests should be received by H-GAC 24 hours prior to the function.
Call Pat Waskowiak at (713) 993-2456 to make arrangements.
TRD-200302479
Alan Clark
MPO Director
Houston-Galveston Area Council
Filed: April 16, 2003
The Houston-Galveston Area Council (H-GAC) is currently requesting proposals
to develop an Action plan to address Coordination and Implementation of the
Public Transportation Program in Fort Bend County. A pre-proposal meeting
was held on Thursday, April 24, 2003, at H-GAC. Proposals must be received
by
noon on Tuesday, May 27, 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.
Proposals can be mailed to the attention of Alan Clark, Houston-Galveston
Area Council, P.O. Box 22777, Houston, Texas 77227-2777, or delivered to 3555
Timmons Lane, Suite 120, Houston, Texas 77027. For more information, please
contact Alan Clark, MPO Director, at (713) 627-3200.
TRD-200302389
Alan Clark
MPO Director
Houston-Galveston Area Council
Filed: April 14, 2003
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 was held on Monday, April 14, 2003, at H-GAC.
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-200302477
Alan Clark
MPO Director
Houston-Galveston Area Council
Filed: April 15, 2003
Open Solicitation for Crane County
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and
40 Texas Administrative Code (TAC) §19.2324, the Texas Department of
Human Services (DHS) is announcing an open solicitation period of 30 days,
effective the date of this public notice, for
Crane
County, County #52
. Medicaid nursing facility occupancy rates in
TRD-200302454
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: April 15, 2003
The Texas Department of Human Services (DHS) is requesting proposals from
applicant organizations for the provision of a Food Stamp Nutrition Education
Program (FSNEP). The goal of the FSNEP is to provide educational programs
that increase the likelihood of food stamp recipients making healthy food
choices, reinforce budgetary considerations for a low-income population, and
are consistent with the current dietary advice reflected in the Dietary Guidelines
for Americans and the Food Guide Pyramid.
The target audience of this program is Texas residents who are recipients
of, or applicants for, food stamp benefits. Other low-income populations can
be served with Food and Nutrition Service (FNS)-approved waivers. DHS intends
to contract with sufficient providers to deliver an effective nutrition education
program to the greatest number of Texans possible.
Closing Date:
June 13, 2003, at 5:00 p.m.
Terms:
Applicant organizations must demonstrate
the ability to deliver a nutrition education program. They must also demonstrate
the administrative structure and support required for the match. The ultimate
goal of the FSNEP is to influence food choices and to support healthy diet
and related behaviors.
Contracts for approved proposals are
"cost reimbursement
for service"
contracts. Payment will be made to contractors for allowable
expenses incurred in service delivery to eligible participants. There is no
"start-up" money available. After documentation of service delivery and participation
is received, payment will be made to contractors on a reimbursement basis.
The contract award date is July 3, 2003. The contract will be awarded on
a one-year basis beginning October 1, 2003, and ending September 30, 2004,
contingent on funding by the United States Department of Agriculture (USDA)/FNS.
At DHS's option, this contract may be renewed on an annual basis, for a period
not to exceed four years, without being subject to further competition.
Bidder's Conference:
A bidder's conference
will be held in Austin, Texas, on May 16, 2003. Participation is optional,
however, interested participants must contact Rex Miller at (512) 438- 4739
by May 9, 2003.
Selection and Evaluation:
Applicants should
describe the performance measures or indicators of expected outcome and how
these measures are quantified; for example, change in behavior (ate one extra
fruit per day) or improvement in cooking skills (learned how to properly boil
eggs).
For information about program evaluation, FNS recommends the following
guidance: Journal of Nutrition Education: 33, Supplement 1, 2001; Evaluating
Social Marketing in Nutrition: A Resource Manual http://www.fns.usda.gov/oane/menu/published/nutritioneducation/Files/evalman-2.PDF;
and WIC Evaluation Resource Guide http://www.fns.usda.gov/oane/MENU/Published/WIC/FILES/WICEvaluationResourceGuide.pdf.
Contact Person:
Rex Miller, Texas Department
of Human Services, Texas Works, Mail Code W-323, P.O. Box 149030, Austin,
Texas 78714-9030 or 701 West 51st Street, Austin, Texas 78751, (512) 438-4739,
rex.miller@dhs.state.tx.us.
TRD-200302481
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: April 16, 2003
Company Licensing
Application for incorporation to the State of Texas by NAFTA INSURANCE
COMPANY, a domestic fire and/or casualty company. The home office is in McAllen,
Texas.
Application to change the name of NORTHBROOK PROPERTY AND CASUALTY to ST.
PAUL PROTECTIVE INSURANCE COMPANY, a foreign fire and/or casualty company.
The home office is in Chicago, Illinois.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200302485
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: April 16, 2003
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 C. L. Frates and Company, a foreign
third party administrator. The home office is Oklahoma City, Oklahoma
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-200302480
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: April 16, 2003
Instant Game No. 370 "Line 'Em Up!"
1.0 Name and Style of Game.
A. The name of Instant Game No. 370 is "LINE 'EM UP!". The play style is
"tic-tac toe".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 370 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 370.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: $1.00, $2.00, $3.00,
$5.00, $10.00, $15.00, $30.00, $100, $300, $500, $2,000, X and [ ].
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
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:
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 $1.00, $2.00, $3.00, $5.00, $10.00, or $15.00.
H. Mid-Tier Prize - A prize of $30.00, $100, $300, or $500.
I. High-Tier Prize - A prize of $2,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (370), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be: 370-0000001-000.
L. Pack - A pack of "LINE 'EM UP!" Instant Game tickets contain 250 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of five
(5). Tickets 000-004 will be on the first page, tickets 005-009 will be on
the next page and so forth with tickets 245-249 on the last page. Tickets
000 and 249 will be folded down to expose the pack-ticket number through the
shrink-wrap.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LINE
'EM UP!" Instant Game No. 370 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 "LINE 'EM
UP!" Instant Game is determined once the latex on the ticket is scratched
off to expose 10 (ten) play symbols. If the player gets 3 "X's" or 3 "[ ]'s
in any one row, column or diagonal, the player will win the prize shown. No
portion of the display printing nor any extraneous matter whatsoever shall
be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 10 (ten) 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 10 (ten)
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 10 (ten) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 10 (ten) Play Symbols on the ticket must be printed in
the Symbol font and must correspond precisely to the artwork on file at the
Texas Lottery; the ticket Serial Numbers must be printed in the Serial font
and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. No adjacent non-winning tickets will contain identical play symbols
in the same locations.
B. Every ticket will contain 4 X's and 5 [ ]'s or 5 X's and 4 [ ]'s.
2.3 Procedure for Claiming Prizes.
A. To claim a "LINE 'EM UP!" Instant Game prize of $1.00, $2.00, $3.00,
$5.00, $10.00, $15.00, $30.00, $100, $300, or $500, a claimant shall sign
the back of the ticket in the space designated on the ticket and present the
winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall
verify the claim and, if valid, and upon presentation of proper identification,
make payment of the amount due the claimant and physically void the ticket;
provided that the Texas Lottery Retailer may, but is not, in some cases, required
to pay a $30.00, $100, $300, 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 "LINE 'EM UP!" Instant Game prize of $2,000, the claimant
must sign the winning ticket and present it at one of the Texas Lottery's
Claim Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning ticket for that prize upon
presentation of proper identification. When paying a prize of $600 or more,
the Texas Lottery shall file the appropriate income reporting form with the
Internal Revenue Service (IRS) and shall withhold federal income tax at a
rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "LINE 'EM UP!" 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 "LINE 'EM
UP!" 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 "LINE 'EM UP!" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 20,283,750
tickets in the Instant Game No. 370. The approximate number and value of prizes
in the game are as follows:
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. 370 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. 370,
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-200302383
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 11, 2003
1.0 Name and Style of Game.
A. The name of Instant Game No. 381 is "9'S TIMES 2". The play style is
"tic-tac toe with 2X on each game".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 381 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 381.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: 2, 3, 4, 5, 6, 7, 8,
9, $1.00, $2.00, $4.00, $5.00, $9.00, $10.00, $18.00, $20.00, $50.00, $100,
$500, $1,000, and $18,000.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
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:
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 $2.00, $4.00, $5.00, $9.00, $10.00, $18.00,
or $20.00.
H. Mid-Tier Prize - A prize of $36.00, $100, or $500.
I. High-Tier Prize - A prize of $1,000 or $18,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (381), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be: 381-0000001-000.
L. Pack - A pack of "9'S TIMES 2" Instant Game tickets contain 250 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of two
(2). Tickets 000 and 001 will be on the top page, tickets 002 and 003 will
be on the next page and so forth and tickets 248 and 249 will be on the last
page. Please note that the books will be in an A-B configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "9'S
TIMES 2" Instant Game No. 381 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 "9'S TIMES
2" Instant Game is determined once the latex on the ticket is scratched off
to expose 20 (twenty) play symbols. Within each game, if the player finds
three 9's in any one row, column or diagonal the player will win the prize
in the prize box. The player may win up to four times on one ticket. No portion
of the display printing nor any extraneous matter whatsoever shall be usable
or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 20 (twenty) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 20 (twenty)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 20 (twenty) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 20 (twenty) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No game will contain three or more of a kind other than the 9 symbol.
C. Every game will contain at least four 9's. The overall usage for the
remaining play symbols will be approximately even.
D. A ticket can win twice in each game for a total of 4 wins on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "9'S TIMES 2" Instant Game prize of $2.00, $4.00, $5.00,
$9.00, $10.00, $18.00, $20.00, $36.00, $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 "9'S TIMES 2" Instant Game prize of $1,000 or $18,000, 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 "9'S TIMES 2" 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 "9'S TIMES
2" 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 "9'S TIMES 2" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 10,187,000
tickets in the Instant Game No. 381. The approximate number and value of prizes
in the game are as follows:
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. 381 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. 381,
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-200302382
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 11, 2003
Notice of Administrative Hearing
Thursday, May 8, 2003, 1:00 a.m.
State Office of Administrative Hearings, William P. Clements Building,
300 West 15th Street, 4th Floor
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
and Wendell B. Curlee to hear denial of a Salesperson’s License by the
Division in accordance with Sections 7(j)(8) and 7(k) of the Act and Section
80.123(j) of the Rules based on the Respondent having a record of criminal
convections within the five years proceeding the date of the application that
renders the applicant unfit for licensing. SOAH 332-03-2774. Department MHD2003000941-RH.
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589, jhicks@tdhca.state.tx.us
TRD-200302468
Bobbie Hill
Executive Director
Manufactured Housing Division
Filed: April 15, 2003
Wednesday, May 21, 2003, 1:00 p.m.
State Office of Administrative Hearings, William P. Clements Building,
300 West 15th Street, 4th Floor
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
and Alia Kholeif to hear alleged violations of Sections 7(j)(7) of the Act
by submitting to the Division false information on a Salesperson's License
Application. SOAH 332-03-2775. Department MHD2003000523-RH.
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589, jhicks@tdhca.state.tx.us
TRD-200302469
Bobbie Hill
Executive Director
Manufactured Housing Division
Filed: April 15, 2003
Notice of Consultant Selection
Pursuant to the provisions of Government Code, Chapter 2254, the North
Central Texas Council of Governments publishes this notice of consultant contract
award. The consultant proposal request appeared in the September 6, 2002 issue
of the
Texas Register
(27 TexReg 8672). The
selected consultant will complete a Comprehensive Transportation Plan for
the Dallas Central Business District.
The consultant selected for this project is Jacobs Civil, Inc., 6688 North
Central Expressway, Dallas, Texas. The maximum amount of this contract is
$725,000. Work on this project began January 24, 2003.
TRD-200302465
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: April 15, 2003
Notice of Application for Service Provider Certificate of Operating Authority
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on April 7, 2003, for a service provider
certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application
follows.
Docket Title and Number: Application of ReConnect Plus, L.L.C. for a Service
Provider Certificate of Operating Authority, Docket Number 27608 before the
Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service.
Applicant's requested SPCOA geographic area includes the area of Texas
comprising the Dallas/Fort Worth exchanges.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
April 30, 2003. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 27608.
TRD-200302353
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 9, 2003
Notice is given to the public of Verizon Southwest's application filed
with the Public Utility Commission of Texas (commission) on April 9, 2003
to discontinue services.
Docket Title and Number: Application of Verizon to Remove Frame Relay Service
from the Texas Facilities for State Access Tariff Pursuant to P.U.C. Substantive
Rule 26.208(h). Docket Number 27620.
Verizon Southwest (Verizon) has filed with the Commission an application
to remove Frame Relay Service from the Verizon Southwest Facilities for State
Access Tariff. Verizon stated the reason for withdrawing this service is that
Verizon wishes to standardize its Frame Relay Tariff throughout all states
in which it provides service. In conjunction with this filing, Verizon intends
to file a new standardized Frame Relay Service Tariff with the commission.
The new tariff will include new services such as 4Mbps, 6Mbps, 10Mbps, and
22Mbps (both UNI Port Only and UNI Port and Access Line) and Term Rates.
Verizon currently has 100 customers subscribing to Frame Relay Service
from this tariff. Verizon intends to grandfather the existing service until
January 1, 2008 or until a customer wishes to make an addition, move, change
its existing service, or expiration of a term commitment. At that time, if
a customer wishes to continue to subscribe to Frame Relay Service, he/she
will be required to order it from Verizon's revised Frame Relay Tariff.
Persons wishing to comment on this application should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll-free 1-800-735- 2989. All correspondence should
refer to Docket Number 27620.
TRD-200302360
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 10, 2003
Notice is given to the public of Verizon Southwest's application filed
with the Public Utility Commission of Texas (commission) on April 9, 2003
to discontinue services.
Docket Title and Number: Application of Verizon to Remove Frame Relay Service
from the Intralata Interexchange Services Tariff pursuant to P.U.C. Substantive
Rule 26.208(h). Docket Number 27621.
Verizon Southwest (Verizon) has filed with the Commission an application
to remove Frame Relay Service from the Verizon Southwest IntraLata Interexchange
Services Tariff. Verizon stated the reason for withdrawing this service is
that Verizon wishes to standardize its Frame Relay Tariff throughout all states
in which it provides service. In conjunction with this filing, Verizon intends
to file a new standardized Frame Relay Service Tariff with the commission.
The new tariff will include new services such as 4Mbps, 6Mbps, 10Mbps, and
22Mbps (both UNI Port Only and UNI Port and Access Line).
Verizon currently has 194 customers subscribing to Frame Relay Service
from this tariff. Verizon intends to grandfather the existing service until
January 1, 2008 or until a customer wishes to make an addition, move, change
its existing service, or expiration of a term commitment. At that time, if
a customer wishes to continue to subscribe to Frame Relay Service, he/she
will be required to order it from Verizon's revised Frame Relay Tariff.
Persons wishing to comment on this application should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll-free 1-800-735- 2989. All correspondence should
refer to Docket Number 27621.
TRD-200302361
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 10, 2003
The Public Utility Commission of Texas (commission) will hold a public
meeting in Texarkana, Texas on Tuesday, April 29, 2003 from 5:00 p.m. to 7:00
p.m. at City Hall to investigate complaints regarding Valor Telecom. Specifically,
the commission will be seeking input on the following issues:
1. Whether Valor installed the primary service within the requested time
line.
2. Whether Valor repaired the service trouble reports within eight hours,
and if not, how long it took for Valor to achieve the repairs.
3. Whether the customers are experiencing static, noise, and low volume
on their telephone lines.
4. Whether the customers are able to contact repair service and business
office operators.
5. Whether the business customers are receiving the types of telecommunications
services they desire.
6. Whether the customers are experiencing trouble related to billing.
7. Whether the customers are experiencing trouble related to directory
listing.
8. Whether the service has improved in general or deteriorated in comparison
to the service customers received in the past.
If you would like further information about the meeting, please contact
Nara V. Srinivasa, Telecommunications Division, at (512) 936-7335, reference
Docket Number 27474,
Investigation of Telephone Service
Quality Related Performance of Valor Telecom
. Hearing- and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136 or toll free at 1-800-735-2989.
TRD-200302470
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 2003
The staff of the Public Utility Commission of Texas (commission) has established
Project Number 27605,
Mass Market Hot Cut Process
Project for State Implementation of the Federal Communications Commission's
Triennial Review Order
. This notice requests responses from interested
parties in anticipation of a workshop to address a potential hot cut process
to transfer mass market unbundled network loops (UNE-Ls) from incumbent local
exchange company (ILEC) to non-ILEC local switches, should the need arise.
The "hot cut" process consists of disconnecting an active loop and reconnecting
it at another cross-connect point in order for the customer to continue to
receive service.
The workshop will be held approximately two to four weeks after the release
date of the FCC's
Triennial Review Order
.
The specific dates and room locations of the workshop will be established
in a future public notice.
The commission seeks to identify potential issues that may be involved
in a mass market hot cut process project. Information obtained from responses
to questions in this notice will be used in the mass market hot cut process
project workshop after the release of the FCC's
Triennial Review Order
. Interested parties are requested to respond
to the following questions:
1. If applicable, please describe in detail how your company performs "hot
cuts" either for yourself or in conjunction with other companies. Please include
in your description both the business office and central office functions
associated with such hot cuts.
2. If applicable, state how many hot cut orders you have performed in Texas
over the last year on a monthly and yearly basis separately for your residential
and business local exchange customers.
3. If applicable, state how many hot cut orders you have requested of another
carrier in Texas over the last year on a monthly and yearly basis separately
for your residential and business customers.
4. Has your company requested changes or enhancements to the current hot
cut process through the Southwestern Bell Telephone, L.P. doing business as
SBC Texas (SBC) Change Management Process or Competitive Local Exchange Company
(CLEC) User Forum? If yes, please describe the requested changes or enhancements
and the results.
5. Is telecommunications equipment commercially available that can be set
up to transfer UNE-Ls from ILEC switches to a non-ILEC switches?
a. If such equipment exists, what level of initial demand and subsequent
churn for mass market UNE-Ls is it capable of handling after the initial set
up?
b. Would this equipment rely on a process that
requires manual intervention
?
c. Is there a system that could be used that would
not require manual intervention
?
d. To the extent that no commercially available UNE-L transfer systems
are available, except those that require manual intervention, what issues
should be considered in developing a mass market hot cut process that relies
on manual work processes?
6. Please provide any suggestions you may have regarding the best method
of determining whether alternative local switching, i.e. non-ILEC local switching,
is available to CLECs on a lease or purchase basis?
a. To the extent that such alternative local switching is available, should
it be considered available only within the geographic local serving area within
which the switch resides, or should other factors be considered that would
give the switch a larger serving range?
7. Which CLEC operational issues should be considered in evaluating a mass
market hot cut process? Please list each issue and describe its importance
in the hot cut process.
8. To what extent should the ILEC terms, conditions, and provisioning processes
for enhanced extended links (EELs) be considered mass market hot cut process
issues?
9. What 911 trunk, local interconnection trunk, and local number portability
issues need to be considered in the mass market hot cut process?
10. Are existing OSS systems (e.g., EASE, LEX, and EDI) sufficient to accommodate
any initial bulk demand and subsequent churn for mass market UNE-L hot cuts
within acceptable quality parameters?
11. To what extent, if any, should any existing ILEC Performance Measurement
Tracking for Coordinated Conversions results, as reported in Project Number
20400,
Section 271 Compliance Monitoring of Southwestern
Bell Telephone Company of Texas
, be used for evaluating a potential
mass market hot cut process?
12. Should the parties be permitted to import and update pertinent evidence
relating to mass market hot cuts submitted in Docket Number 24542,
Petition of MCIMetro Access Transmission Services, LLC, Sage Telecom, Inc.,
Texas UNE Platform Coalition, McLeod USA Telecommunications Services, Inc.,
and AT&T Communications of Texas, LP for Arbitration with Southwestern
Bell Telephone Company Under the Telecommunications Act of 1996
?
In addition to the issues identified above, interested parties are invited
to comment on any other issues they believe should be considered in discussing
a mass market hot cut process.
Responses may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO
Box 13326, Austin, Texas 78711-3326 within ten days of the release date of
publication of the FCC's
Triennial Review Order
.
All responses should reference Project Number 27605. The commission requests
that comments be limited to 25 pages (not including attachments). In addition,
electronic copies in MS Word format of all comments shall be forwarded to
Larry Barnes at larry.barnes@puc.state.tx.us. Parties are urged to include
everything they wish to discuss in their comments. If parties wish to present
anything at the workshop that was not included with the comments, it must
be filed in Central Records no later than three days prior to the workshop.
This notice is not a formal notice of proposed rulemaking; however, the parties'
responses to the questions and comments at the workshop will assist the commission
in developing a commission policy or determining the necessity for a related
rulemaking.
Ten days prior to the workshop the commission shall make available in Central
Records under Project Number 26839 an agenda for the format of the workshop.
Questions concerning this notice should be referred to Larry D. Barnes,
Telecommunications Division, at (512) 936-7336. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200302381
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 11, 2003
On April 8, 2003, Southwestern Bell Telephone, L.P. doing business as SBC
Texas and AmeriMex Communications Corporation, collectively referred to as
applicants, filed a joint application for approval of amendment to an existing
interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2003) (PURA). The joint application has been
designated Docket Number 27614. The joint application and the underlying interconnection
agreement are available for public inspection at the commission's offices
in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing three copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
27614. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by May 9, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 27614.
TRD-200302354
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 9, 2003
On April 8, 2003, Southwestern Bell Telephone, L.P. doing business as SBC
Texas and Covad Communications Company, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2003) (PURA). The joint application has been designated Docket
Number 27615. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing three copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
27615. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by May 9, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 27615.
TRD-200302355
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 9, 2003
On April 8, 2003, Southwestern Bell Telephone, L.P. doing business as SBC
Texas and 1stel, Incorporated, collectively referred to as applicants, filed
a joint application for approval of amendment to an existing interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2003) (PURA). The joint application has been designated Docket
Number 27616. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing three copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
27616. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by May 9, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 27616.
TRD-200302356
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 9, 2003
On April 10, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Rosebud Telephone, LLC, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2003) (PURA). The joint application has been designated Docket
Number 27630. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing three copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
27630. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by May 13, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 27630.
TRD-200302449
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 14, 2003
Notice is given to the public of the filing, on April 9, 2003, with the
Public Utility Commission of Texas, a notice of intent to file a long run
incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule 26.215.
The Applicant will file the LRIC study on or about April 19, 2003.
Docket Title and Number: Verizon Southwest's Application for Approval of
LRIC Study for Frame Relay UNI Port Only and UNI Port and Access Services
Pursuant to P.U.C. Substantive Rule 26.215, Docket Number 27623.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 27623. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission
Customer Protection Division at (512) 936-7120. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200302359
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 10, 2003
On April 9, 2003, Cumby Telephone Cooperative, Incorporated and Sprint
Spectrum doing business as Sprint PCS, collectively referred to as applicants,
filed a joint application for approval of interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA).
The joint application has been designated Docket Number 27622. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing three copies of the comments with the commission's filing clerk.
Additionally, a copy of the comments should be served on each of the applicants.
The comments should specifically refer to Docket Number 27622. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
May 12, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 27622.
TRD-200302378
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 11, 2003
On April 10, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Voice Power Telecommunications, Inc., collectively referred to as
applicants, filed a joint application for approval of interconnection agreement
under §252(i) of the federal Telecommunications Act of 1996, Public Law
Number 104-104, 110 Statute 56, (codified as amended in scattered sections
of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act,
Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement
2003) (PURA). The joint application has been designated Docket Number 27629.
The joint application and the underlying interconnection agreement are available
for public inspection at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing three copies of the comments with the commission's filing clerk.
Additionally, a copy of the comments should be served on each of the applicants.
The comments should specifically refer to Docket Number 27629. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
May 13, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech- impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27629.
TRD-200302450
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 14, 2003
On April 15, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and CenturyTel Solutions, LLC, collectively referred to as applicants,
filed a joint application for approval of interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA).
The joint application has been designated Docket Number 27648. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing three copies of the comments with the commission's filing clerk.
Additionally, a copy of the comments should be served on each of the applicants.
The comments should specifically refer to Docket Number 27648. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
May 16, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing- and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 27648.
TRD-200302473
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 2003
The Public Utility Commission of Texas (commission) will hold a workshop
regarding amendments to Substantive Rule §25.479, relating to Issuance
and Format of Bills, and Substantive Rule §25.480, relating to Bill Payment
and Adjustment, on Wednesday, May 7, 2003, at 9:30 a.m. in the Hearing Room
Gee, located on the 7th floor of the William B. Travis Building, 1701 North
Congress Avenue, Austin, Texas 78701. Project Number 27084,
PUC Rulemaking to Revise Customer Protection Rules
, has been established
for this proceeding.
The commission requests that interested parties submit draft rule language
and respond to the following questions prior to the workshop:
1. What amendments should be made to §25.479, relating to Issuance
and Format of Bills, to ensure that the rule provides adequate and appropriate
protections for retail customers, while not requiring REPs to incur unnecessary
compliance costs? Please provide recommendations for specific language.
2. What amendments should be made to §25.480, relating to Bill Payment
and Adjustment, to ensure that the rule provides adequate and appropriate
protections for retail customers, while not requiring REPs to incur unnecessary
compliance costs? Please provide recommendations for specific language.
Responses may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326, by April 30, 2003. All responses should
reference Project Number 27084.
Parties are also asked
to send a copy of filed documents to the project electronic mailing list at
CUSTRULE@puc.state.tx.us.
Prior to the workshop the commission will make available in Central Records
under Project Number 27084 an agenda for the format of the workshop. Copies
of the agenda will also be available on the Commission's website at www.puc.state.tx.us.
Questions concerning the workshop or this notice should be referred to
Carrie Collier, Analyst-Retail Market Oversight, Electric Division, at (512)
936-7163. Hearing and speech-impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136.
TRD-200302464
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 2003
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