Office of the Attorney General
Chapter 154. Child Support, Subchapter C. Child Support Guidelines - Revised 2003 Tax Charts
Revision Notes:
On May 28, 2003, the President signed into law the Jobs and Growth Tax
Relief Reconciliation Act of 2003, Pub. L. No. 108-27 (the "Act"). The Act
accelerates the phase-in of certain marginal tax rate reductions for individuals
that were enacted in the Economic Growth and Tax Relief Reconciliation Act
of 2001, Pub. L. No. 107-16. In addition, the Act increases the levels of
taxable income subject to the 10% individual tax rate. These provisions of
the Act are effective for the 2003 calendar tax year. Accordingly, these provisions
of the Act require revisions to the federal income tax information shown in
the 2003 Tax Charts previously promulgated by the Office of the Attorney General
of Texas.
A line computing net resources for an individual earning the federal minimum
wage for a 40 hour week was added to the Employed Persons Tax Chart, and lines
showing the gross monthly income corresponding to net resources of $6,000.00
were added to the Employed Persons Tax Chart and to the Self-Employed Persons
Tax Chart.
Pursuant to §154.061(b) of the Texas Family Code, the Office of the
Attorney General of Texas, as the Title IV-D agency, has promulgated the following
revised tax charts for use during the remainder of 2003 to assist courts in
establishing the amount of a child support order. These tax charts are applicable
to employed and self-employed persons in computing net monthly income.
INSTRUCTIONS FOR USE
To use these tables, first compute the obligor's annual gross income. Then
recompute to determine the obligor's average monthly gross income. These tables
provide a method for calculating "monthly net income" for child support purposes,
subtracting from monthly gross income the social security taxes and the federal
income tax withholding for a single person claiming one personal exemption
and the standard deduction.
Thereafter, in many cases the guidelines call for a number of additional
steps to complete the necessary calculations. For example, §§154.061
- 154.070 provide for appropriate additions to "income" as that term is defined
for federal income tax purposes, and for certain subtractions from monthly
net income, in order to arrive at the net resources of the obligor available
for child support purposes. If necessary, one may compute an obligee's net
resources using similar steps.
This agency hereby certifies that the tax charts have been reviewed by
legal counsel and found to be within the agency's authority to publish.
Employed Persons Revised 2003 Tax Chart
For information regarding this publication you
may contact A.G. Younger, Agency Liaison at 512-463-2110.
TRD-200304425
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: July 22, 2003
Invitation for Bid Notice
TBPC Project No. 01-009-7614
Project Name:
Brown Heatley Building Masonry Veneer
Restoration, 4900 North Lamar Boulevard, Austin, Texas 78751
for the
Texas Building and Procurement Commission
Sealed Bids for this project will be received until
3:00 P.M., August 19, 2003, at the Bid Room, Room No. 180, 1711 San Jacinto,
Austin, Texas 78701.
See the Invitation for Bid (IFB) for other delivery
choices.
Plans and specifications may be obtained from
the
O'Connell Robertson & Associates, Incl., 811 Barton Springs Road, Suite
900, Austin, Texas 78704, Phone: (512) 478-7286, Fax: (512) 478-7441 for a
deposit of $100.00, refundable upon return of a complete, unmarked set(s).
A mandatory (must attend and sign in)
Pre-Bid Conference
will be held at 10:00 p.m. July 28, 2003 in Garage "H," Room 100, west of
the Brown Heatley Building, which is located at 4900 North Lamar Boulevard,
Austin, Texas 78751.
The TBPC will reject Bids submitted by firms
that did not attend the mandatory Pre-Bid Conference.
Only bids submitted on the official CONTRACTOR'S BID FORM found in the
Project Manual will be accepted.
The IFB may be obtained by contacting TBPC Internal Procurement, Attention:
Deborah Norwood (Fax: (512) 463-3360), deborah.norwood@tbpc.state.tx.us or
through the Electronic State Business Daily at:
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=48761
No oral explanation in regard to the meaning of the Drawings and Specifications
will be made and no oral instructions will be given before the award of the
Contract. Discrepancies, omissions or doubts as to the meaning of Drawings
and Specifications and all communications concerning the project shall be
communicated in writing to the Deborah Norwood via fax at (512) 463-3360 or
via e-mail at deborah.norwood@tbpc.state.tx.us for interpretation. Bidders
should act promptly and allow sufficient time for a reply to reach them before
the submission of their Bids. Any interpretation made will be in the form
of an addendum to the Specifications, which will be forwarded to all known
Bidders and its receipt by the Bidder shall be acknowledged on the Contractor's
Bid Form or on the face of the Addendum and returned with the bid.
TRD-200304383
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Filed: July 21, 2003
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were deemed administratively complete
for the following projects during the period of July 11, 2003, through July
17, 2003. The public comment period for these projects will close at 5:00
p.m. on August 22, 2003.
FEDERAL AGENCY ACTIONS:
Applicant: Department of the Navy; Location: The project is located adjacent
to the Jewel Fulton Canal in Corpus Christi Bay, Nueces County, Texas. The
project site can be located on the U.S.G.S. quadrangle map entitled: Port
Ingleside, Texas. Approximate UTM Coordinates: Zone 14; Easting: 673900; Northing:
3081000. Project Description: The applicant requests authorization for 10-year
maintenance dredging of the existing Electromagnetic Roll (EMR) facility and
to expand the east side of the basin and a portion of the approach channel,
located adjacent to the Jewel Fulton Canal in Corpus Christi Bay, Nueces County,
Texas. Approximately 68,000 cubic yards of material would need to be removed
from the existing facility to restore it to original design depths. The turning
basin would be expanded approximately 100 feet to the east along its entire
500-foot length. A portion of the southeast corner of the basin and a portion
of the approach channel measuring approximately 150 by 250 feet would be expanded
and an approximate 75-square-foot area adjacent to the confluence of the approach
channel and the Jewel Fulton Canal would also be dredged. All of these proposed
expansion areas would be dredged to a design depth of -17 feet mean low tide
with approximately 59,000 cubic yards of material to be removed. Both maintenance
and new dredging would be done hydraulically and the material would be placed
in the Good Hope Disposal Area, Cell "I." CCC Project No.: 03-0244-F1; Type
of Application: U.S.A.C.E. permit application #20486(02) is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Heritage Hotels; Location: The project is located on Aransas
Bay at 200 South Fulton Beach Road, Rockport, Aransas County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: Rockport, Texas. Approximate
UTM Coordinates: Zone 14; Easting: 693359; Northing: 3105119. Project Description:
The applicant proposes to dredge approximately 1.25 acres to construct a harbor
that would accommodate 30 boat slips and two fishing piers. The applicant
proposes to construct the harbor in six phases.
In Phase I, the applicant would construct a fishing pier with a walkway
that is 4 feet wide and 55 feet long with a 10- by 20-foot terminal T-head
structure and a 6- by 10-foot fish cleaning station adjacent to the T-head.
In Phase II, the applicant would construct a vinyl sheet pile breakwater
that extends 175 feet east from the existing southeast corner bulkhead and
continue another 268 feet in a northeasterly direction for a total breakwater
length of approximately 443 feet.
In Phase III, the applicant would mechanically dredge an area that would
cover approximately 1.25 acres and would remove approximately 6000 cubic yards
of material from Aransas Bay. The material would be removed with a long reach
track hoe and stockpiled on the deck of a barge. Any free water will drain
from the deck of the barge. The loaded barge would be moved to the northwest
corner of the project area and the dewatered material would be transferred
to trucks, which would take the material to the placement area. The placement
area is located west of the Lighthouse Inn across Fulton Beach Road.
In Phase IV, the applicant would construct a walkway and 28 boat slips
10 feet away from and parallel to the proposed breakwater. The walkway would
be 5 feet wide and would be approximately 423 feet long. The walkway would
have 14 finger piers that would be 3 feet wide and 26 feet long. The finger
piers would be spaced approximately 30 feet apart and would have two pilings
between the piers so that two boats could be docked between them. At the end
of the walkway a 10- by 20-foot fishing pier would be constructed and a 10-
by 20-foot platform would be constructed between the breakwater and walkway
approximately 120 feet north of the southeast corner of the proposed breakwater.
In Phase V, the applicant proposes to construct a long fishing pier that
would extend east from the southeast corner of the proposed breakwater. The
pier would have a 4- by 130-foot walkway, a 10- by 20-foot terminal T-head,
and two 6- by 10-foot fish cleaning stations.
In Phase VI, the applicant proposes to construct a second boat-docking
facility with four slips. The dock would have a walkway that is 5 feet wide
and 180 feet long with a 10- by 25-foot terminal L-head structure. Attached
to the walkway would be two finger piers that are 3-feet wide and 26- feet
long. Three rows of pilings would be driven near the finger piers to form
four boat slips. CCC Project No.: 03-0245-F1; Type of Application: U.S.A.C.E.
permit application #23014 is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean
Water Act (33 U.S.C.A. §125-1387).
Applicant: Walter Oil & Gas Corporation; Location: The project is to
be installed in and/or through Blocks A-218, Galveston Area and Blocks A-560
and A-561, High Island Area, Offshore Texas, OCS Federal Waters. Project Description:
Walter Oil & Gas Corporation has submitted to Minerals Management Services
an application for a Right-of-Way pipeline to be installed in and/through
Blocks A-218, Galveston Area and Blocks A-560 and A-561, High Island Area,
Offshore Texas, OCS Federal Waters. CCC Project No.: 03-248-F1; Type of Application:
Pipeline ROW Application according to MMS Notice to Lessees No. 2002-G15,
issued effective December 20, 2002, and in compliance with 15 CFR 930.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O.
Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments
should be sent to Ms. Garcia at the above address or by fax at (512) 475-0680.
TRD-200304443
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 23, 2003
Notice of Coastal Protection Fee Suspension
The Comptroller of Public Accounts, administering agency for the collection
of the Coastal Protection Fee, has received certification from the Commissioner
of the General Land Office that the balance in the Coastal Protection Fund
has exceeded the maximum amount allowed by law.
Pursuant to the Natural Resource Code, §40.155 and §40.156, the
comptroller hereby provides notice of the suspension of the coastal protection
fee effective September 1, 2003.
No fee shall be collected or required to be paid on crude oil transferred
to or from a marine terminal on or after September 1, 2003, or until notice
of the reinstatement of the fee is published in the
Texas Register
.
Inquiries should be directed to Bryant Lomax, Manager, Tax Policy Division,
P.O. Box 13528, Austin, Texas, 78711.
TRD-200304340
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Filed: July 17, 2003
Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020,
Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces
the issuance of a Request for Proposals (RFP #159a) from qualified, independent
firms to provide pooled consulting services to Comptroller. The successful
respondent(s) will assist Comptroller in conducting management and performance
reviews of various functions of independent school districts throughout the
state on an as-need, as-requested basis. Comptroller reserves the right, and
anticipates that multiple qualified, independent consulting firms may be selected
to participate in a pooled consulting contract as set forth in this RFP. The
successful respondent(s) will be expected to begin performance of the contract
or contracts, if any, upon assignment on or about September 1, 2003.
Contact: Parties interested in submitting a proposal should contact Clay
Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512)
305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the
RFP only to those specifically requesting a copy. The RFP was made available
for pick-up at the above-referenced address on Friday, August 1, 2003, between
10:00 a.m. and 5 p.m., Central Zone Time (CZT), and during normal business
hours thereafter. Comptroller also made the complete RFP available electronically
on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 10 a.m. (CZT)
on Friday, August 1, 2003.
Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent
and questions regarding the RFP must be sent via facsimile to Mr. Harris at:
(512) 475-0973, not later than 2:00 p.m. (CZT), on Friday, August 15, 2003.
Official responses to questions received by the foregoing deadline will be
posted electronically on the Texas Marketplace no later than August 18, 2003,
or as soon thereafter as practical. Mandatory Letters of Intent received after
the 2:00 p.m., August 15th deadline will not be considered. Respondents shall
be solely responsible for confirming the timely receipt of Mandatory Letters
of Intent to propose.
Closing Date: Proposals must be received in Assistant General Counsel's
Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT),
on Friday, August 22, 2003. Proposals received after this time and date will
not be considered. Proposals will not be accepted from respondents that do
not submit mandatory letters of intent by the August 15, 2003, deadline. Respondents
shall be solely responsible for confirming the timely receipt of proposals.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. Comptroller will make the final decision regarding the award of a
contract or contracts. Comptroller reserves the right to award one or more
contracts under this RFP. Comptroller reserves the right to accept or reject
any or all proposals submitted. Comptroller is under no legal or other obligation
to execute any contracts on the basis of this notice or the distribution of
any RFP. Comptroller shall not pay for any costs incurred by any entity in
responding to this Notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - August
1, 2003, 10 a.m. CZT; All Mandatory Letters of Intent and Questions Due -
August 15, 2003, 2 p.m. CZT; Official Responses to Questions Posted - August
18, 2003, or as soon thereafter as practical; Proposals Due - August 22, 2003,
2 p.m. CZT; Contract Execution - September 1, 2003, or as soon thereafter
as practical; Commencement of Project Activities - September 1, 2003.
TRD-200304433
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 23, 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 §§303.003,
303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of July 28, 2003 - August 3, 2003 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of July 28, 2003 - August 3, 2003 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of August
1, 2003 - August 31, 2003 is 5% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The judgment ceiling as prescribed by §304.003 for the period of August
1, 2003 - August 31, 2003 is 5% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200304407
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 22, 2003
Request for Proposals for Interoperable Communication
I. Overview
Overview: The Deep East Texas Council of Governments (DETCOG) is accepting
proposals to retain a qualified firm/individual to provide professional consulting
services for the development of a regional interoperable communications plan.
The firm/individual should have no conflicts of interest with any vendor of
communications equipment.
II. Obtaining Full RFP and Submission Information
The full RFP can be obtained at http://www.detcog.org or by contacting:
Van Bush, Director of Regional 9-1-1/Emergency Services
Phone: (409) 384-5704 x265
FAX: (409) 384-5390
Email: vbush@detcog.org
Submissions are due to DETCOG no later than 5 PM on August 22, 2003.
TRD-200304435
Walter Diggles
Executive Director
Deep East Texas Council of Governments
Filed: July 23, 2003
Request for Applications Concerning Texas 21st Century Community Learning Centers Grant Program, Cycle 2
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-03-021 from local educational agencies
(LEA) including public school districts, open-enrollment charter schools and
regional education service centers; community-based organizations (CBOs);
and other public or private entities, non-profit or for profit, or a consortium
of two or more agencies, organizations, or entities to establish or expand
community learning centers. Eligible applicants include city or county governments,
faith-based organizations, institutions of higher education, and for profit
corporations. A shared services arrangement (SSA) or two or more LEAs is also
eligible to apply.
Description. The purpose of the Texas 21st Century Community Learning Centers
Cycle 2 grant program is to provide opportunities for communities to establish
or expand activities in community learning centers that: (1) offer academic
enrichment, including providing tutorial services to help children, particularly
students who attend low performing schools, to meet state and local student
academic achievement standards in core academic subjects, such as reading,
mathematics, and science; (2) offer students a broad array of additional services,
programs, and activities such as youth development activities, drug and violence
prevention programs, counseling programs, art, music, and physical education
and fitness programs, and technology education programs that are designed
to reinforce and complement the regular academic program of participating
students; and (3) offer families of students served by community learning
centers opportunities for literacy and related educational development. Program
services must be offered only when schools are not in session (before or after
school, during holidays, or during summer recess). Centers can be located
in elementary or secondary schools or other similarly accessible facilities.
The program must be carried out in active collaboration with the schools the
students attend. Applications must provide for partnerships between an LEA,
a CBO, and other public or private organizations, if appropriate.
Dates of Project. Applicants should plan for a starting date of no earlier
than March 1, 2004, and an ending date of no later than May 31, 2005. The
initial grant period will be fifteen months.
Project Amount. A total of approximately $22,000,000 is available for funding
approximately 130 single centers during the summer of 2004 and during the
2004-2005 school year. The grant request may not be less than $50,000 nor
greater than $175,000 per center, not exceeding $875,000 for a total of five
centers. Each community learning center may serve students on more than one
campus, and a campus may be served through only one community learning center.
Project funding in the second year and third years will be based on satisfactory
progress of the first- and second-year objectives and activities, respectively,
on appropriations by the U. S. Congress, the number of centers established,
the number of students and campuses served by each center, and on the activities
to be implemented during out-of- school time throughout the grant period.
This project is funded 100% from federal funds.
Selection Criteria. Applications will be selected based on the independent
reviewers' assessment of each applicant's ability to carry out all requirements
contained in the RFA. Reviewers will evaluate applications based on the overall
quality and validity of the proposed grant programs and the extent to which
the applications address the primary objective(s) and intent of the project.
Applications must address each statutory requirement as specified in the RFA
to be considered for funding and must designate the specific campus(es) that
meet the eligibility requirements of the grant in order to determine the students
and families to be served in the 21st Century Community Learning Center. One
application will be limited to not more than five community learning center(s).
The TEA will not award a grant to an applicant receiving an average score
of below 70. The TEA reserves the right to select from the highest-ranking
applications those that address all requirements in the RFA and that are most
advantageous to the project.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to this RFA. This RFA does not commit
TEA to pay any costs before an application is approved. The issuance of this
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Applicants’ Conference. Prospective applicants will be provided an
opportunity to receive general and clarifying information from TEA about the
scope of the Texas 21st Century Community Learning Centers, Cycle 2 grant
program on September 3, 2003, from 1:00 to 4:00 p.m. on The Texas Educational
Telecommunication Network (TETN) available at each regional education service
center and some of the larger school districts. The entire conference will
be videotaped. Pre-conference questions may be sent to gkidwell@tea.state.tx.us
prior to August 25, 2003. Each person attending will be required to sign a
register setting out the representative's name, the applicant organization
represented, and its name, address, and telephone number. Prospective applicants
who are not able to attend the Applicants' Conference may request a copy of
the videotape at no charge from the Division of Chapter 37/Safe Schools of
the TEA.
Requests for Additional Information. In order to assure that no prospective
applicant may obtain a competitive advantage because of acquisition of information
unknown to other prospective applicants, any additional information that is
different from or in addition to information provided in the RFA or at the
Applicant's Conference will be provided only in response to written inquiries.
Copies of all such inquiries and the written answers thereto will be posted
on TEA's Grants Administration website.
Unless otherwise noted, all inquiries for information must be made in writing
to the Document Control Center, Room 6-108, Texas Education Agency, William
B. Travis Bldg., 1701 N. Congress Avenue, Austin, TX 78701-1494. The RFA number
must be identified in the written request for information.
Requesting the Application. A complete copy of RFA #701-03-021 may be obtained
by writing the Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us.
Please refer to the RFA number and title in your request. Provide your name,
complete mailing address, and phone number including area code. The announcement
letter and complete RFA and questions and answers will also be posted on the
TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Geraldine Kidwell, Division Chapter 37/Safe Schools, TEA, (512) 463-9068.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday,
October 30, 2003, to be considered for funding.
TRD-200304446
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: July 23, 2003
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) # 701-03-024 from organizations that
qualify for exemption from federal income tax under the Internal Revenue Code,
501 (c )(3), and that do not distribute net earnings to any private shareholder
or other individual. The organization must serve groups of women or minority
group members who, considering their percentages of the Texas population,
are under-represented at institutions of higher education in programs of engineering
and applied sciences.
Description. The purpose of this program is to allocate funds to eligible
organizations to establish or operate educational programs. The programs will
support the recruitment of women and members of ethnic minority groups to
assist them in preparing for, or participating in, programs leading to an
undergraduate degree in engineering or science from an institution of higher
education. Funding shall also be used to disseminate information concerning
career opportunities in engineering and science, as well as information about
these programs that are funded under the requirements of the legislative authority
noted previously.
Dates of Project. The State Engineering and Science Recruitment (SENSR)
Fund project will be implemented during the 2003-2004 and 2004-2005 school
years. Applicants should plan for a starting date of no earlier than January
1, 2004, and an ending date of no later than August 31, 2004, for the project's
first year.
Project Amount. Funding will be provided for approximately 16 projects.
Each project will receive a maximum of $25,000 for the 2003-2004 school year.
For the 2003-2004 fiscal year, this project will distribute a total amount
of approximately $394,920.00 subject to the availability of funds and approval
of the commissioner of education. Project funding in the second year will
be based on satisfactory progress of the first-year objectives and activities
and on general budget approval.
Selection Criteria. Applications will be selected based on the independent
reviewers’ assessment of each applicant’s ability to carry out
all requirements contained in the RFA. Reviewers will evaluate applications
based on the overall quality and validity of the proposed grant program and
the extent to which the application addresses the primary objective(s) and
intent of the project. Applications must address each requirement as specified
in the RFA to be considered for funding. Preference shall be given to projects
that stress the development of mathematical and scientific competence. Projects
in the social sciences will not be considered. The TEA reserves the right
to select from the highest ranking applications those that would serve the
most participants who are women and under- represented minority group members
in the objectives specified. Other project quality indicators are specified
throughout the RFA. To be approved for funding, projects offered by eligible
organizations must meet certain guidelines. Each project must: (1) use professional
volunteers at each level of instruction; (2) require parental involvement;
(3) coordinate with public school preparation for scientific and mathematics
careers; (4) coordinate with post-secondary educational institutions; (5)
involve organizations of women and minority group members; (6) provide demonstrated
professional leadership in educational activities for women and minority group
members; and (7) be compatible with state and federal laws governing education.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to this RFA. This RFA does not commit
TEA to pay any costs before an application is approved. The issuance of this
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Requesting the Application. A complete copy of RFA # 701-03-024 may be
obtained by writing the Document Control Center, Room 6-108, Texas Education
Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas
78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by emailing
dcc@tea.state.tx.us. Please refer to the RFA number and title in your request.
Provide your name, complete mailing address, and phone number including area
code. The announcement letter and complete RFA will also be posted on the
TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Gregory Travillion, Office of Education Services, Texas Education Agency,
(512) 475-0228.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday,
October 16, 2003 to be considered for funding.
TRD-200304445
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: July 23, 2003
Enforcement Orders
An agreed order was entered regarding Skinny's, Inc., Docket No. 2000-0295-PST-E
on July 11, 2003 assessing $94,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
David Speaker, Staff Attorney at (512) 239-2548, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding B&S Cattle Feeders, L.L.C., Docket
No. 2000-0466- AGR-E on July 11, 2003 assessing $11,875 in administrative
penalties with $11,275 deferred.
Information concerning any aspect of this order may be obtained by contacting
James Biggins, Staff Attorney at (210) 403-4017, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ron Laney Oil Co., Inc., Docket No.
2000-1258-PST-E on July 11, 2003 assessing $68,400 in administrative penalties
with $67,800 deferred.
Information concerning any aspect of this order may be obtained by contacting
Robin Chapman, Staff Attorney at (512) 239-0497, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rio Concho Aviation, Inc., Docket
No. 2002-0518-PST- E on July 11, 2003 assessing $1,500 in administrative penalties
with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Petty, Staff Attorney at (512) 239-3693, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hall Grapevine Corporation dba Hall
Johnson Chevron, Docket No. 2001-1081-PST-E on July 11, 2003 assessing $12,000
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lisa Lemanczyk, Staff Attorney at (512) 239-5915, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Jeff Lyon dba A-1 Metal Recyclers,
Docket No. 2000- 0059-MLM-E on July 11, 2003 assessing $14,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Richard O'Connell, Staff Attorney at (512) 239-5528, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Western Environmental of Oklahoma,
L.L.C., Docket No. 1999-0412-IHW-E on July 11, 2003 assessing $48,950 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Richard O'Connell, Staff Attorney at (512) 239-5528, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Lamesa, Docket No. 2002-0728-PST-E
on July 11, 2003 assessing $2,000 in administrative penalties with $400 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 Pilkington's Big Tex Oil Distributors,
Inc., Docket No. 2002-0441-PST-E on July 11, 2003 assessing $4,500 in administrative
penalties with $3,900 deferred.
Information concerning any aspect of this order may be obtained by contacting
James Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hilcorp Energy Company, Docket No.
2002-0924-AIR-E on July 11, 2003 assessing $750 in administrative penalties
with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Masters Resources, LLC, Docket No.
2002-1318-AIR-E on July 11, 2003 assessing $3,000 in administrative penalties
with $600 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 Hoang Van Nguyen dba Nick's Grocery,
Docket No. 2002-0976-PST-E on July 11, 2003 assessing $8,550 in administrative
penalties with $7,950 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Barry, 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 Oiltanking Houston, L.P., Docket
No. 2002-1362-AIR-E on July 11, 2003 assessing $2,250 in administrative penalties
with $450 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 City of Pelican Bay, Docket No. 2002-0462-PWS-E
on July 11, 2003 assessing $2,188 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Southwest Utilities, Inc. dba Piney
Point Subdivision Water System, Docket No. 2002-1267-PWS-E on July 11, 2003
assessing $394 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 Spur Services, Inc. dba Spur Texaco,
Docket No. 2001- 1186-PST-E on July 11, 2003 assessing $3,500 in administrative
penalties with $700 deferred.
Information concerning any aspect of this order may be obtained by contacting
Aniekeme Udoetok, Enforcement Coordinator at (512) 239-0739, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sterlin Stringer dba Stringer's Auto,
Docket No. 2002- 1134-AIR-E on July 11, 2003 assessing $950 in administrative
penalties.
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 The Kippur Corporation, Docket No.
2003-0248-AIR-E on July 11, 2003 assessing $850 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jill Kelley, Enforcement Coordinator at (915) 834-4956, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Frisia Farms Dairy #1, L.L.C., Docket
No. 2002-1082- AGR-E on July 11, 2003 assessing $2,000 in administrative penalties.
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 Glazer's Wholesale Drug Company,
Inc., Docket No. 2002-1367-PST-E on July 11, 2003 assessing $1,800 in administrative
penalties with $360 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Harris County Municipal Utility District
No. 166, Docket No. 2003-0011-MWD-E on July 11, 2003 assessing $4,000 in administrative
penalties with $800 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 Jackson County Water Control &
Improvement District No. 1, Docket No. 2002-1406-PWS-E on July 11, 2003 assessing
$1,523 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Audra Baumgartner, Enforcement Coordinator at (361) 825-3131, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tri-Union Development Corporation,
Docket No. 2002- 1084-AIR-E on July 11, 2003 assessing $650 in administrative
penalties with $130 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 City of Troy, Docket No. 2002-1323-MWD-E
on July 11, 2003 assessing $5,775 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Weslaco, Docket No. 2002-0664-MSW-E
on July 11, 2003 assessing $12,500 in administrative penalties with $1,750
deferred.
Information concerning any aspect of this order may be obtained by contacting
Sandra Alaniz, Enforcement Coordinator at (956) 430-6044, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Red River County Water Control &
Improvement District No. 1 - Langford Creek, Docket No. 2003-0001-WR-E on
July 11, 2003 assessing $525 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 Hydro Conduit of Texas, LP dba Rinker
Materials Moor- Tex, Docket No. 2002-1347-PWS-E on July 11, 2003 assessing
$3,038 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 Sebastian Cotton and Grain, Ltd.,
Docket No. 2003- 0105-AIR-E on July 11, 2003 assessing $510 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jaime Garza, Enforcement Coordinator at (956) 430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding King Fuels, Inc., Docket No. 2002-1325-PST-E
on July 11, 2003 assessing $1,000 in administrative penalties with $200 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 Lower Valley Water District, Docket
No. 2002-1042- PWS-E on July 11, 2003 assessing $6,160 in administrative penalties
with $1,232 deferred.
Information concerning any aspect of this order may be obtained by contacting
Subhash Jain, Enforcement Coordinator at (512) 239-5867, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Clinton Lynn, Docket No. 2002-1251-MWD-E
on July 11, 2003 assessing $950 in administrative penalties with $190 deferred.
Information concerning any aspect of this order may be obtained by contacting
Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Nasim Shakeeb dba Clark Road Mobil,
Docket No. 2002-1409-AIR-E on July 11, 2003 assessing $575 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Robert Bader and Cindy Bader, Docket
No. 2002-0661- MLM-E on July 11, 2003 assessing $1,900 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Diamond Shamrock Refining Company,
L.P., Docket No. 2002-1233-AIR-E on July 11, 2003 assessing $1,840 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Edward Moderow, Enforcement Coordinator at (361) 825-3288, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Drilling Specialities Company LLC
dba DSC Drilling Specialties Company LLC, Docket No. 2002-0839-IWD-E on July
11, 2003 assessing $13,500 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 EPGT Texas Pipeline, L.P., Docket
No. 2002-1184-AIR- E on July 11, 2003 assessing $10,350 in administrative
penalties with $2,070 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 Flying J Inc, Docket No. 2002-1122-MWD-E
on July 11, 2003 assessing $1,000 in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chemicals Incorporated, Docket No.
2002-1417-IWD-E on July 11, 2003 assessing $4,350 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kimberly McGuire, Enforcement Coordinator at (512) 239-4761, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Richard Alonso dba Alonso Inspections,
Docket No. 2002-1159-AIR-E on July 11, 2003 assessing $625 in administrative
penalties.
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 Jewel Alt dba Alt Dairy Farm, Docket
No. 2002-1364- AGR-E on July 11, 2003 assessing $5,130 in administrative penalties
with $1,026 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 Arnold Crushed Stone, Inc., Docket
No. 2003-0021-AIR- E on July 11, 2003 assessing $1,800 in administrative penalties.
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 Syed H. Ali dba Blanco Groceries,
Docket No. 2002- 1099-PST-E on July 11, 2003 assessing $2,250 in administrative
penalties with $450 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 Brinker Texas, LP dba Chili's Restaurant,
Docket No. 2003-0130-EAQ-E on July 11, 2003 assessing $1,050 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Lawrence King, Enforcement Coordinator at (512) 339-2929, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cambs Marine Service, L.L.C., Docket
No. 2002-0953- AIR-E on July 11, 2003 assessing $7,350 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, 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- 1219-PST-E on July 11, 2003 assessing $1,000 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 Skinny's, Inc., Docket No. 2003-0447-PST-E
on July 11, 2003 assessing $66,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
David Speaker, Staff Attorney at (512) 239-2548, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sid Richardson Gasoline, Ltd., Docket
No. 2002-1291- AIR-E on July 11, 2003 assessing $3,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
David Speaker, Staff Attorney at (512) 239-2548, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200304428
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 22, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) announces
the availability of the draft July 2003 Update to the Water Quality Management
Plan for the State of Texas (draft WQMP update).
The Water Quality Management Plan (WQMP) is developed and promulgated in
accordance with the requirements of the Federal Clean Water Act, §208.
The draft WQMP update includes projected effluent limits of indicated domestic
dischargers useful for water quality management planning in future permit
actions. Once the commission certifies a WQMP update, the update is submitted
to the United States Environmental Protection Agency (EPA) for approval. For
some Texas pollutant discharge elimination system (TPDES) permits, the EPA's
approval of a corresponding WQMP update is a necessary precondition to TPDES
permit issuance by the commission. The draft WQMP update may contain service
area populations for listed wastewater treatment facilities and designated
management agency information.
A copy of the draft July 2003 WQMP update may be found on the commission's
Web site located at
http://www.tnrcc.state.tx.us/permitting/waterperm/wqmp/index.html.
A copy of the draft may also be viewed at the TCEQ Library, Building
A, 12100 Park 35 Circle, Austin, Texas.
Written comments on the draft WQMP update may be submitted to Ms. Nancy
Vignali, Texas Commission on Environmental Quality, Water Quality Division,
MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed
to (512) 239-4420, but must be followed up with the submission and receipt
of the written comments within three working days of when they were faxed.
Written comments must be submitted no later than 5:00 p.m. on September 2,
2003. For further information or questions, please contact Ms. Vignali at
(512) 239-1303 or by e-mail at
nvignali@TCEQ.state.tx.us.
TRD-200304415
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 22, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) is issuing
an air quality standard permit for hot mix asphalt plants (HMAPs). The new
air quality standard permit became effective July 10, 2003. This standard
permit is applicable to those facilities and associated equipment which produce
standard hot mix asphalt, asphalt mixes made with performance grade binders,
asphalt mixes made with crumb rubber, and pre-coat aggregate; and for which
throughput is limited to no more than 400 tons per hour.
Copies of the standard permit for HMAPs may be obtained from the TCEQ Web site at http://www.tnrcc.state.tx.us/permitting/airperm/nsr_permits/athrize.htm#stdpmt or by contacting the TCEQ, Office of Permitting, Remediation, and Registration, Air Permits Division at (512) 239-1240.
OVERVIEW OF AIR QUALITY STANDARD PERMIT
Based on the results of a protectiveness review, the commission is issuing
a standard permit for HMAPs under Texas Health and Safety Code, §382.05195
and 30 TAC Chapter 116, Subchapter F, Standard Permits. The commission currently
authorizes HMAPs under the conditions of 30 TAC Chapter 106, Permits by Rule,
or under Chapter 116, Control of Air Pollution by Permits for New Construction
or Modification. The general public often expresses concern with HMAP registration
applications. These objections often include traffic safety, noise, appearance,
and property values. These concerns are beyond the commission's jurisdiction
to address. The general public also expresses concerns over nuisance dust,
odor, ambient air quality, and potential negative health impacts. These issues
are the focus of the HMAP protectiveness review and the proposed conditions
of the standard permit.
The commission is including requirements to minimize dust emissions, property
line distance limitations, and opacity and visible emission limitations based
on computer dispersion modeling, impacts analysis, and plant observations
performed to verify the protectiveness of the standard permit. The commission
has concluded research which shows that the standard permit for HMAPs is protective
of the public health and welfare and that facilities which operate under the
conditions specified will comply with TCEQ regulations.
The standard permit is designed to authorize both temporary and permanent
HMAPs. However, it is not intended to provide an authorization mechanism for
all possible unit configurations or for unusual operating scenarios. Those
facilities which cannot meet the standard permit conditions may apply for
an air quality permit under §116.111, General Application.
PUBLIC NOTICE AND COMMENT PERIOD
In accordance with §116.603, the TCEQ published notice of the proposed
standard permit in the January 10, 2003 issue of the
Texas Register
(28 TexReg 501). The notice was also published in the
newspapers of the largest general circulation in the following metropolitan
areas: Amarillo; Austin; Corpus Christi; Dallas; El Paso; Houston; Lower Rio
Grande Valley; Lubbock; Permian Basin; San Antonio; and Tyler. The date for
these publications was January 10, 2003. The comment period closed on February
13, 2003.
PUBLIC MEETINGS
A public meeting on the proposal was held on February 13, 2003 at 1:30
p.m., at the Texas Commission on Environmental Quality. The meeting was attended
by 15 people and oral comments were taken from one attendee and written comments
were received from three.
ANALYSIS OF COMMENTS
Written comments were received from Harris County Public Health and Human
Services Pollution Control Division (HCPC); Koch Materials Company (KMC);
the Associated General Contractors of America (AGC); the Texas Asphalt Pavement
Association (TAPA); APAC- Texas, Inc. (AT); Reece Albert, Inc. (RA); and Colorado
Materials, Inc. (CM).
Additionally oral comments were received from AT.
HCPC commented that in addition to providing notification 30 days in advance
to the appropriate TCEQ regional office, the owner/operator of an HMAP relocating
to a public works site should also give notification 30 days in advance to
any local air pollution control agency having jurisdiction.
The commission agrees with the comment. Subsection
(3)(B) of the standard permit has been changed to include a requirement to
notify, "any local air pollution control agency having jurisdiction," no less
than 30 days prior to locating on the site.
KMC requested that the limit for styrene-butadiene-styrene (SBS) polymers
in subsection (1)(Q) be raised from 6% by weight of the asphalt mix to 10%
by weight based on the availability of asphalt binder products currently on
the market and information indicating that these products will not result
in increased volatile organic compound (VOC) emissions.
The commission agrees with this comment. The 6%
by weight limitation was based solely on values represented in past permitting
actions and the commission believes that the standard permit should reflect
industry norms, provided that they are protective of public health and safety.
The SBS polymer has a total volatile matter content of less than 0.7% by weight.
The volatile matter is approximately 99% water. This material is not expected
to produce any excess emissions when heated within the range allowed by this
standard permit.
AGC, AT, RA, and CM requested that the waiver of the 45-day limit in subsection
(1)(G) of the standard permit be deleted.
The commission agrees with this comment. This condition
has been removed from the standard permit.
TAPA commented that plants using wet scrubbers as the control device need
time to comply with the requirement to use a fabric filter and requested that
a transition period be included for these plants to purchase and install filters.
The commission disagrees with this comment. Plants
currently operating under another method of authorization (PBR or regular
permit) with a wet scrubber as a control device may continue to operate under
that authorization until the plant is moved or modified. For plants that require
reauthorization due to a move or modification, authorization under a regular
new source review permit is still available.
AGC, AT, RA, CM, and TAPA suggested the use of a memorandum that would
allow use of additional mix additives as they become available.
Authorization of modification by memorandum is not
supported by statute or regulation. Additional mix additives may be authorized
under §§116.116(e), 116.117, and 116.118, as long as the emissions
from the additional additives conform to the specific requirements in these
sections.
AGC, AT, RA, CM, and TAPA requested that, for plants that comply with the
requirements for daylight hours operation, the truck load-out be restricted
to operation no earlier than one hour after sunrise and that the commission
should allow mix production and silo filling prior to that time.
The commission agrees with this comment. Operation
of emission units other than the truck load-out prior to one hour after sunrise
should not result in adverse off-property impacts. Subsection (1)(T) of the
standard permit has been changed to allow emission units other than the truck
load-out a start time of one hour before sunrise. However, the commission
believes that it is important to insure compliance with the start time of
one hour after sunrise for the truck load-out and has added a record keeping
requirement for the start and stop times of the truck load-out.
AGC, AT, RA, and CM commented that since HMAPs do not typically have the
equipment for quality control testing of asphalt cement, it would be appropriate
for the supplier to certify the volatility factor required by subsection (1)(W)(vi)
of the standard permit.
The commission agrees with this comment. Subsection
(1)(V)(vi) of the standard permit requires that a record of the volatility
factor be kept and does not require owner/operators to conduct the testing
prescribed in American Society for Testing & Materials method D2872. The
staff's intent is for permit holders to obtain the volatility factor for each
type of asphaltic cement used from the manufacturer.
TAPA requested that TCEQ provide guidelines for acceptable data in lieu
of testing (DILOT) demonstrations that are allowed under subsection (2)(A)
of the standard permit.
The DILOT guidelines are available from the TCEQ
Field Operations Division.
AGC, AT, RA, and CM asked whether the requirement to sample under subsection
(5)(A) of the standard permit applies each time the plant is moved and relocated
and whether DILOT would be accepted.
The requirement to sample VOC emissions for crumb
rubber is intended to be a one-time test for each facility. A separate test
will not be required each time the facility is moved. However, the concentration
of crumb rubber used in the asphalt mix at the time of the test becomes the
maximum authorized by this standard permit. Any increase in the concentration
of crumb rubber in the asphalt mix would require retesting. No DILOT reports
will be accepted as a replacement for stack sampling on plants using crumb
rubber asphalt mix.
TRD-200304432
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 23, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) is issuing
amendments to the air quality standard permit for concrete batch plants (CBPs).
The amendments to the air quality standard permit became effective July 10,
2003. The amendments to the standard permit for concrete batch plants are
applicable to an owner or operator of a temporary concrete plant that has
been previously registered with the commission for this standard permit and
supplies concrete to a public works project which is located in or contiguous
to the right-of-way. In lieu of the current registration requirement, these
temporary facilities will be required to notify the appropriate regional office,
in writing, at least 30 calendar days prior to locating at the site. Also,
a technical clarification has been made referencing the checklist requirement
that is applicable to both permanent and temporary CBPs. General requirements
concerning distance limits, emission limits, control requirements, and recordkeeping
have not changed.
Copies of the standard permit for CBPs may be obtained from the TCEQ Web site at http://www.tnrcc.state.tx.us/permitting/airperm/nsr_permits/athrize.htm#stdpmt or by contacting the TCEQ, Office of Permitting, Remediation, and Registration, Air Permits Division at (512) 239-1240.
OVERVIEW OF AIR QUALITY STANDARD PERMIT AMENDMENTS
The commission is issuing amendments to the standard permit for CBPs under
Texas Health and Safety Code, §382.05195 and 30 TAC Chapter 116, Subchapter
F, Standard Permits. Facilities which are currently authorized under the concrete
batch plant standard permit will not be required to re-register with the commission
in order to use the new notification requirement. New facilities not authorized
by the commission that want to locate on a public works site will first have
to register in accordance with §116.611, Registration to Use a Standard
Permit.
PUBLIC NOTICE AND COMMENT PERIOD
In accordance with §116.605, the TCEQ published notice of the proposed
amended standard permit in the January 10, 2003 issue of the
Texas Register
(28 TexReg 500). The notice was also published in the
newspapers of the largest general circulation in Austin, Houston, and Dallas
on January 10, 2003. The comment period closed on February 13, 2003.
PUBLIC MEETING
A public meeting on the proposal was offered on February 13, 2003 at 10:00
a.m., at the Texas Commission on Environmental Quality. No one signed in to
make oral comments or written comments and the meeting was canceled.
ANALYSIS OF COMMENTS
Written comments were received from the Harris County Public Health and
Human Services Pollution Control Division (HCPC) and J.L. Steel, L.P (JLS).
HCPC commented that in addition to providing notification 30 days in advance
to the appropriate TCEQ regional office, the owner/operator of a CBP relocating
to a public works site should also give notification 30 days in advance to
any local air pollution control agency having jurisdiction.
The commission agrees with the comment. Subsection
(5)(E) of the standard permit has been changed to include a requirement to
notify, "any local air pollution control agency having jurisdiction," no less
than 30 days prior to locating on the site.
JLS supported the commission's intention to expedite the authorization
process for concrete batch plants on public works projects.
The commission acknowledges the favorable comment.
TRD-200304431
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 23, 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
September 1, 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 September 1, 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: Barry Beavers dba Thomas Brothers; DOCKET NUMBER: 2001-1484-PST-
E; TCEQ ID NUMBER: 10719; LOCATION: 290 Walnut Street, Colorado City, Mitchell
County, Texas; TYPE OF FACILITY: retail gasoline station; RULES VIOLATED:
30 TAC §334.48(c), by failing to conduct inventory control for the three
underground storage tanks (USTs); 30 TAC §334.10(b)(1)(B), by failing
to maintain in a secure location and make available for review legible copies
of all required records pertaining to the USTs; 30 TAC§334.51(b)(2)(A)
- (C) and TWC, §26.3475, by failing to equip the fill pipe with a tight
fitting adapter or similar device to provide a liquid tight seal during the
transfer of regulated substances into the tank and failing to install spill
containment and overflow prevention equipment for the UST system; 30 TAC §334.50(b)(1)(A)
and (2), by failing to monitor piping in a manner designed to detect releases
from any portion of the UST piping; 30 TAC §334.49(a) and TWC, §26.3475,
by failing to install a corrosion protection system for the UST; 30 TAC §334.7(d)(3),
by failing to update or change registration information within 30 days from
the date on which the owner or operator first became aware of changes or status
of the system; 30 TAC §37.815(a) and (b), by failing to demonstrate financial
assurance for taking corrective action and to compensate third parties for
bodily injury and property damage caused by accidental releases arising from
the operation of the USTs; and 30 TAC §334.47(a)(2), by failing to permanently
remove any existing UST system that was not brought into timely compliance
with upgrade requirements no later than 60 days after the prescribed implementation
date; PENALTY: $15,500; STAFF ATTORNEY: Shannon Strong, Litigation Division,
MC 175, (512) 239-6201; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(2) COMPANY: Claudio Barrera dba Barrera Backhoe Service; DOCKET NUMBER:
2001- 0179-OSI-E; TCEQ ID NUMBER: none; LOCATION: six miles west of the intersection
of Highway 281 South and Farm-to-Market Road 735, Ben Bolt, Jim Wells County,
Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: 30
TAC §285.50(b) and (c), and Texas Health and Saftey Code (THSC), §366.071,
by failing to have a valid registration with the TCEQ prior to commencing
the installation, alteration, extension, or repair of an OSSF; and THSC, §366.051(c),
by failing to obtain from the owner of the site proof of a permit and approved
plan from the TCEQ prior to beginning the installation of the OSSF; PENALTY:
$875; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878;
REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200,
Corpus Christi, Texas 78412-5503, (361) 825-3100.
(3) COMPANY: Jeffrey Stuart dba J's Kwik Mart; DOCKET NUMBER: 2002-0993-PST-E;
TCEQ ID NUMBER: 2350; LOCATION: 201 Avenue E, Ozona, Crockett County, Texas;
TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED:
30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to inspect
and test the USTs' corrosion protection system within three to six months
after installation and once every three years thereafter; 30 TAC §334.49(c)(2)(C)
and TWC, §26.3475(d), by failing to ensure that the rectifier and other
system components were operating properly by inspecting the rectifier and
components at least once every 60 days; 30 TAC §37.815(a) and (b), by
failing to demonstrate financial assurance for taking corrective action and
to compensate third parties for bodily injury and property damage caused by
accidental releases arising from the operation of petroleum USTs; 30 TAC §334.50(a)(1)
and (b)(1) and (2) and TWC, §26.3475(a) and (c)(1), by failing to have
a release detection method capable of detecting a release from any portion
of the UST system which contains regulated substances including the tanks,
piping, and other ancillary equipment; 30 TAC §334.8(c)(5)(A)(iii), by
failing to ensure that the facility's delivery certificate was posted and
visible at all times; and 30 TAC §334.8(c)(5)(C), by failing to ensure
that a legible tag, label, or marking was permanently applied upon or affixed
to either the top of the fill tube or to a nonremovable point in the immediate
area of the fill tube which corresponds to the UST identification number listed
on the registration and self- certification form; PENALTY: $8,500; STAFF ATTORNEY:
Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL
OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo,
Texas 76903-7013, (915) 655-9479.
(4) COMPANY: Lowery Petroleum, Inc. dba Sunshine Exxon and dba Laurel Park
Texaco; DOCKET NUMBER: 2001-1244-PST-E; TCEQ ID NUMBERS: 5008 and 34552; LOCATIONS:
813 North 77 Sunshine Strip and 1110 South 77 Sunshine Strip, Harlingen, Cameron
County, Texas; TYPE OF FACILITY: gasoline service station; RULES VIOLATED:
30 TAC §37.815(a) and (b), by failing to demonstrate the required financial
responsibility for taking corrective action and to compensate third parties
for bodily injury and property damage caused by accidental releases arising
from the operation of petroleum USTs; 30 TAC §334.10(b)(1)(A), by failing
to develop and maintain all UST records; 30 TAC §334.49(c)(2) and TWC, §26.3475(d),
by failing to operate and maintain the cathodic protection system to ensure
that the rectifier and other system components are operating properly; 30
TAC §334.50(d)(2)(A) and TWC, §26.3475(c)(1), by failing to conduct
weekly manual tank gauging for the petroleum substance tanks having a nominal
capacity of 550 gallons or less when using it as the sole method of tank release
detection; 30 TAC §334.8(c)(5)(C), by failing to permanently tag, label,
or mark the UST system with an identification number that is identical to
the UST identification number listed on the UST registration and self-certification
form; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to
submit the required UST registration and self-certification form to the commission;
30 TAC §334.8(c)(5)(A)(iii), by failing to ensure that a valid, current
TCEQ delivery certificate is posted at the facility; 30 TAC §334.22,
by failing to pay all outstanding UST fees; 30 TAC §334.10(b)(1)(A),
by failing to maintain all UST records; 30 TAC §334.49(a) and TWC, §26.3475(d),
by failing to provide corrosion protection for the USTs associated with the
UST system; 30 TAC §334.50(b)(2)(A)(ii)(III) and TWC, §26.3475(a),
by failing to perform an annual performance test on the line leak detectors;
30 TAC §334.51(b)(2)(C) and TWC, §26.3475(a), by failing to equip
each tank with overfill prevention equipment; and 30 TAC §334.8(c)(4)(B)
and TWC, §26.346(a), by failing to complete a UST registration and self-
certification form with all the applicable information requested on the agency's
authorized form for all regulated UST systems; PENALTY: $67,200; STAFF ATTORNEY:
Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE:
Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(5) COMPANY: Melvin K. Musick; DOCKET NUMBER: 2001-0471-OSI-E; TCEQ ID
NUMBER: none; LOCATION: Route 1, Box 400, May, Brown County, Texas; TYPE OF
FACILITY: on-site sewage; RULES VIOLATED: 30 TAC §285.61(4) and (5) and
THSC, §366.051(c) and §366.054, by failing to obtain the necessary
permitting authority's authorization and failing to notify the permitting
authority before beginning to install, construct, alter, extend, or repair
an OSSF; 30 TAC §285.61(6) and §285.32(a), by failing to use proper
materials in the installation and construction of the OSSF; 30 TAC §285.61(6)
and §285.32(b)(1)(B) and (C)(ii), by failing to install tank and outlet
flowlines of the proper capacity; and 30 TAC §§285.61(6), 285.32(a),
and 285.33(b)(1)(E), by failing to install a two-way clean- out from the house
to the tank and failing to utilize an approved material as a permeable soil
barrier; PENALTY: $1,750; STAFF ATTORNEY: Darren Ream, Litigation Division,
MC R-4, (817) 588- 5878; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(6) COMPANY: Patriot Petroleum, Inc. dba Eastex Exxon; DOCKET NUMBER: 2002-0736-
PST-E; TCEQ ID NUMBER: 26493; LOCATION: 3980 Eastex Freeway, Beaumont, Jefferson
County, Texas; TYPE OF FACILITY: retail gasoline station; RULES VIOLATED:
30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to provide
proper release detection for USTs containing more than one inch of petroleum
products; 30 TAC §334.50(d)(2)(A) and TWC, §26.3475, by failing
to conduct manual tank gauging as the release detection method for a petroleum
substance tank having a nominal capacity of 1,000 gallons or less; 30 TAC §334.7(d)(3)
and TWC, §26.346(a), by failing to provide amended registration for any
change or additional information regarding USTs within 30 days from the date
of the 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;
and 30 TAC §37.815(a)(1) and (b)(1), by failing to demonstrate the required
financial responsibility for taking corrective action and to compensate third
parties for bodily injury and property damage caused by accidental releases
arising from the operation of petroleum USTs; PENALTY: $15,000; STAFF ATTORNEY:
Alfred Okpohworho, Litigation Division, MC R- 12, (713) 422-8918; REGIONAL
OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
TRD-200304417
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 22, 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
September 1, 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 September 1, 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: Century Trucking, Inc.; DOCKET NUMBER: 2002-0629-MLM-E; TCEQ
ID NUMBER: 455100033; LOCATION: west side of South Fawn Drive, approximately
1/2 mile from the intersection of Wheeler Road and South Fawn, Lumberton,
Hardin County, Texas; TYPE OF FACILITY: dirt pit; RULES VIOLATED: 30 TAC §111.201
and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply
with the rules of outdoor burning by burning tires and metal; and 30 TAC §330.5,
by failing to properly dispose of solid waste; PENALTY: $3,750; STAFF ATTORNEY:
Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL
OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-
1892, (409) 898-3838.
(2) COMPANY: The Jackson Family Trust and William Wedge dba Cedar Creek
Mobile Home Park; DOCKET NUMBER: 2001-1345-PWS-E; TCEQ ID NUMBER: 0610086;
LOCATION: west side of Farm-to-Market (FM) Road 1281, 3.5 miles south of Interstate
Highway (IH) 35E, Denton, Denton County, Texas; TYPE OF FACILITY: public water
system; RULES VIOLATED: 30 TAC §290.46(n)(2), by failing to provide an
up-to-date map of the distribution system; 30 TAC §290.42(i), by failing
to provide American National Standards/National Sanitation Foundation (ANS/NSF)
chlorine; 30 TAC §290.46(m)(1)(A), by failing to conduct ground storage
tank inspections; 30 TAC §290.46(m)(1)(B), by failing to conduct an annual
pressure tank inspection; 30 TAC §290.46(i), by failing to provide a
customer service agreement or plumbing ordinance; 30 TAC §290.41(c)(3)(A),
by failing to provide well completion data; 30 TAC §290.43(c)(3) and
(4), by failing to provide an overflow and water level indicator on the ground
storage tank; 30 TAC §290.43(c)(1), by failing to provide a vent on the
ground storage tank; 30 TAC §290.43(c), by failing to provide an American
Water Works Association ground storage tank; 30 TAC §290.43(d)(7), by
failing to provide a pressure tank that is tight against leakage; 30 TAC §290.43(d)(3),
by failing to provide an air-to-water volume indicator on the 1,050 gallon
pressure tank; 30 TAC §290.46(r), by failing to maintain a minimum of
35 pounds per square inch throughout the distribution system; 30 TAC §290.45(b)(1)(B)(i)
and THSC, §341.0315(c), by failing to provide a minimum of 0.6 gallons
per minute per connection well production capacity; 30 TAC §290.42(e)(7),
by failing to seal the hypochlorinator container; and 30 TAC §290.41(c)(3)(J),
by failing to provide a concrete sealing block in good repair about the well;
PENALTY: $7,813; 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.
(3) COMPANY: West Texas Gas, Inc.; DOCKET NUMBER: 2001-1557-PST-E; TCEQ
ID NUMBER: none; LOCATION: 14655 Hollyhock, Gardendale, Ector County, Texas;
TYPE OF FACILITY: gasoline distributing company; RULES VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to confirm a valid, current delivery certificate issued by the
TCEQ covering the underground storage tank (UST) system prior to depositing
a regulated substance into the UST system; PENALTY: $1,000; STAFF ATTORNEY:
Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE:
Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland,
Texas 79705-5404, (915) 570-1359.
TRD-200304416
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 22, 2003
The following notices were issued during the period of July 14, 2003 through
July 22, 2003.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
A. K. INTERESTS-HUNTERWOOD, L.P. has applied for a renewal of TPDES Permit
No. 11066-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 120,000 gallons per day. The facility
is located at 5830 South Lake Houston Parkway approximately 1.5 miles south/southeast
of the intersection of Farm-to-Market Road 526 and U.S. Highway 90 and approximately
10.5 miles northeast of the Harris County courthouse in downtown Houston.
in Harris County, Texas.
AQUAUTILITY CONSTRUCTION, LP has applied for a renewal of TPDES Permit
No. 14253-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 450,000 gallons per day. The facility
is located approximately 1,200 feet southwest of the intersection of County
Road 405 and State Highway 288 in Brazoria County, Texas.
BC UTILITIES, INC. has applied for a renewal of TNRCC Permit No. 11145-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 100,000 gallons per day. The facility is located 14400
Highway 59 North, Humble, Texas 77396 in Harris County, Texas.
THE CITY OF BELLEVUE has applied for a renewal of TPDES Permit No. 11235-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 21,000 gallons per day. The facility is located due north
of Bellevue, approximately 900 feet east of Farm- to-Market Road 1288 and
0.3 miles north of the intersection of U.S. Highway 287 and Farm-to- Market
Road 1288 in Clay County, Texas.
EDINBURG CONSOLIDATED INDEPENDENT SCHOOL DISTRICT has applied to the Texas
Commission on Environmental Quality (TCEQ) for a new permit, Proposed Permit
No. 14398-001, to authorize the disposal of treated domestic wastewater at
a daily average flow not to exceed 14,000 gallons per day via subsurface drip
irrigation of 3.21 acres of public access pastureland. This permit will not
authorize a discharge of pollutants into waters in the State. The facility
and disposal site will be located approximately 1000 feet east of Farm-to-Market
Road 2220 (Ware Road) and 0.5 mile south-southeast of the intersection of
Farm-to-Market Road 1925 (Monte Cristo Road) and Farm-to-Market Road 2220
(Ware Road) in Hidalgo County, Texas.
THE FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 25 has applied for
a renewal of TPDES Permit No. 12003-001, which authorizes the discharge of
treated domestic wastewater at a daily average flow not to exceed 980,000
gallons per day. The facility is located approximately 400 feet north of Old
Richmond Road (Richmond-Gains Road) and approximately 2,900 feet east of Farm-to-Market
Road 1464 in Fort Bend County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 41 has applied for a renewal
of TPDES Permit No. 12475--001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 86,000 gallons per
day. The facility is located approximately 1,500 feet northwest of the intersection
of Voss Road and Old Richmond Road and approximatley 5,000 feet west-northwest
of the intersection of State Highway 6 and Voss Road in Fort Bend County,
Texas.
HAMSHIRE COMMUNITY WATER SUPPLY CORPORATION has applied for a renewal of
TPDES Permit No. 12098-003, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 56,000 gallons per day. The
facility is located approximately 0.6 mile north-northeast of Hamshire High
School; 6,300 feet southeast of Interstate Highway 10 crossing of South Fork
of Taylor Bayou; and 7,600 feet east-southeast of Interstate Highway 10 at
West Hamshire Road in Jefferson County, Texas.
HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 61 has applied for a renewal
of TNRCC Permit No. 10876-001, which authorizes the discharge of treated domestic
wastewater at an annual average flow not to exceed 1,600,000 gallons per day.
The facility is located approximately 3,500 feet south of Cypress-North Houston
Road and 3,000 feet east of Huffmeister Road in Harris County, Texas.
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 89 has applied for a renewal
of TPDES Permit No. 13985-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 500,000 gallons per day.
The facility is located approximately 5,200 feet north of the intersection
of Riley Fussell Road and Rayford Road in Montgomery County, Texas.
NORTH HAYS COUNTY UTILITY COMPANY has applied to the Texas Commission on
Environmental Quality (TCEQ) for a new permit, Proposed Permit No. 14431-001,
to authorize the disposal of treated domestic wastewater at a daily average
flow not to exceed 486,000 gallons per day via subsurface drip irrigation
of 118 acres of public access land. This permit will not authorize a discharge
of pollutants into waters in the State. The disposal site will be located
along the west side of County Road 131 (also known as Windy Hill Road) just
east of Interstate Highway 35 in Hays County. Plants A and B will be located
approximately 0.5 mile west of the intersection of Rolling Hill Road and County
Road 131. Plant C will be located approximately 1 mile west of the intersection
of Rolling Hill Road and County Road 131 in Hays County, Texas.
CITY OF OYSTER CREEK has applied for a renewal of TPDES Permit No. 11837-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 500,000 gallons per day. The facility is located approximately
1.6 miles southeast of the intersection of State Highway 332 and Farm-to-Market
Road 523, at the intersection of State Highway 332 and the U.S. Corps of Engineers
Flood Control Levee on the west side of the levee in Brazoria County, Texas.
THE SPLENDORA INDEPENDENT SCHOOL DISTRICT has applied for a major amendment
to TPDES Permit No. 11143-002 to authorize an increase in the discharge of
treated domestic wastewater from a daily average flow not to exceed 20,000
gallons per day to a daily average flow not to exceed 40,000 gallons per day.
The facility is located at 23411 Farm-to-Market Road 2090, on the west side
of the earthen dam with the concrete spillway, approximately 3 miles northwest
of the intersection of Interstate Highway 59 and Farm-to-Market Road 2090
in Montgomery County, Texas.
STAGECOACH PROPERTIES, INC. has applied for a renewal of TPDES Permit No.
10884- 001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 50,000 gallons per day. The facility
is located 200 feet west of Farm-to-Market Road 2268, 300 feet south of Salado
Creek, and 400 feet southeast of the crossing of Salado Creek by the Interstate
Highway 35 east frontage road, in the community of Salado in Bell County,
Texas.
TRINITY @ WINDFERN, LLC has applied for a major amendment to TPDES Permit
No. 13509-001 to authorize an increase in the discharge of treated domestic
wastewater from a daily average flow not to exceed 28,000 gallons per day
to a daily average flow not to exceed 40,000 gallons per day. The facility
is located at 9401 Windfern Road approximately 300 feet south of Zaka Road
and approximately 3.0 miles north of the intersection of Windfern Road and
U.S. Highway 290 in Harris County, Texas.
2920 VENTURE, LTD. has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. 14421-001, to authorize the
discharge of treated domestic wastewater at a daily average flow not to exceed
600,000 gallons per day. The facility is located about 4000 feet west and
1500 feet north of the intersection of Farm-to-Market Road 2920 and Boudreaux
Road in Harris County, Texas.
CITY OF WINFIELD has applied for a renewal of TPDES Permit No. 12146-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 84,000 gallons per day. The facility is located approximately
400 feet north of Interstate Highway 30 access road and 1500 feet west of
Farm-to-Market Road 1734 in the City of Winfield in Titus County, Texas.
THE WOODLOCH MOBILE HOME PARK (MHP), LLC has applied for a renewal of TPDES
Permit No. 11673-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 30,000 gallons per day. The facility
is located approximately 0.75 miles south-southeast of the intersection of
Hardy Road and Aldine Mail Road and approximately 1 mile north of the intersection
of Hardy Road and Hopper Road in Harris County, Texas.
TRD-200304427
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 22, 2003
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on July 17, 2003,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v.Gerard Hungerford dba River Ranch Estates; SOAH Docket
No. 582-03-0435; TCEQ Docket No. 2001-0651-PWS-E. The commission will consider
the Administrative Law Judge's Proposal for Decision and Order regarding the
enforcement action against Gerard Hungerford dba River Ranch Estates 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-200304426
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 22, 2003
List of Late Filers
Listed below are the names of filers from the Texas Ethics Commission who
did not file reports, or failed to pay penalty fines for late reports in reference
to the listed filing deadline. If you have any questions, you may contact
Robbie Miller at (512) 463-5780 or (800) 325-8506.
Deadline: Personal Financial Statement due April
30, 2003
A.W. Davis, P.O. Drawer 36, Newton, Texas 75966-0036
Brian M. Boales, Bldg. #600 Ste. 600, 3175 Satellite Blvd., Duluth, Georgia
30096
Robert E. Parrish, 1315 Red Maple Dr., Carrollton, Texas 75007-1031
John M. Turner, 6009 Hillcrest, Dallas, Texas 75205
Robert Hawkins, Plumbers & Pipefitters Local #529, 1108 Lewis St.,
Bellmead, Texas 76705-2969
Anton E. Hackebeil, P.O. Box 220, Hondo, Texas 78861-0220
Ruben Espronceda, 243 Lorraine, San Antonio, Texas 78214
Carl R. McQueary, 500 E. Anderson Lane, Apt. 147, Austin, Texas 78752-1230
Valerie Freeman, 3311 Chaparral Dr., Dallas, Texas 75240
Micaela Alvarez, 6100 N. 28th St., McAllen, Texas 78504
Roy L. Stark, 408 E. Neches, Palestine, Texas 75801
Willard L. Jackson Jr., Metroplex Ind. Inc., 14425 Cornerstone Village
Dr., Houston, Texas 77014
John P. Gable, 4849 Sun Valley, El Paso, Texas 79905
Randall H. Riley, 4000 Hambletonian Ct., Austin, Texas 78746
Tony G. Hedges, D.O., 104 East 21st St., Littlefield, Texas 79339
Jacqueline G. Humphrey, Hudgins/Humphrey, 1800 S. Washington St. #315,
Amarillo, Texas 79102
William H. Bigelow, 502 Pinehaven, Houston, Texas 77024
Teri H. Mathis, 1010 Baker Rd., Rosenberg, Texas 77471
Barry D. Bedwell, 7502 Countryside, Amarillo, Texas 79119
Jim G. Bray Jr., 625 18th Street, Plano, Texas 75074
Benna Timperlake, 2001 Ocean Dr., Corpus Christi, Texas 78404-1868
Zena B. Pearcy, 615 Wilmes Dr., Austin, Texas 78752
Pamela M. Hodges, 414 Mountain Spring Dr., Boerne, Texas 78006
Bernie Francis, 2343 Highlands Creek Road, Carrollton, Texas 75007
Theresa M. Baer, 5904 Mountainclimb Dr., Austin, Texas 78731
Byron E. Miller, 1149 E. Commerce, Ste. 205, San Antonio, Texas 78205
Ruben E. Salinas, 1106 Hill Place Dr., Laredo, Texas 78045
Don B. Jones, 2000 Gulf Ave., Midland, Texas 79705
Connie L. Hughes, Rt. 1, Box 172, Idalou, Texas 79329
Joseph Muniz, 526 Lake Dr., Harlingen, Texas 78550
Marvellette C. Fentress Hunter, 1102 Pinemont Dr., Ste. B, Houston, Texas
77018
Ricardo, G. Cigarroa, M.D., 203 Sunset, Laredo, Texas 78041
Terdema L. Ussery II, 5100 Pinehurst, Frisco, Texas 75034
Mario H. Salinas, 2700 Kings Dr., Edinburg, Texas 78539
Linda M. Siy, JPS Health Center Northeast, 837 Brown Trail, Bedford, Texas
76022
Richard Ramirez, Goldman Sachs, 1100 Louisiana, Ste. 1100, Houston, Texas
77002
Paul J. Calapa, 294 Creekbend Dr, Brownsville, Texas 78521-4330
Vincent Cruz Jr., 611 9th St., Fort Worth, Texas 76104
Gerald E. Wilson, 15915 Katy Freeway, Ste. 500, Houston, Texas 77094
Raymond T. Meza, P.O. Box 2240, San Angelo, Texas 76902
Jay Pack, 4330 Armstrong Pkwy, Dallas, Texas 75205
Carl Ray Polk Jr., Rte. 10, Box 9645, Lufkin, Texas 75904
George M. Williams, Williams Partners, Inc., 12 Greenway Plaza, Ste. 1100,
Houston, Texas 77046
Charles M. Rutledge, 3033 Cain Rd., College Station, Texas 77845
Patrick L. Brockett, University of Texas, Dept. MSIS, CBA 5.202, Austin,
Texas 78712-1175
J. Paul Johnson, 4115 Shadow Haven Drive, Fresno, Texas 77545-7534
Ann Horn, 11425 Midbury Court, Austin, Texas 78748
Kenneth A. James, 1914 Riverglen Forest, Kingwood, Texas 77345
Linda Diane Steinbrueck, 1401 Darden Hill Rd., Driftwood, Texas 78619
Dan Gattis, P.O. Box 2856, Georgetown, Texas 78627
Martin Basaldua, P.O. Box 6752, Kingwood, Texas 77324
Frank J. Pagel, P.O. Drawer G, Tivoli, Texas 77990
Basilio R. Jimenez, 303 W. Division, Edna, Texas 77957
Troy Simmons, 503 North 6th, Longview, Texas 75601
Ralph David Kelly, 5485 Belt Line Road, Suite 300, Dallas, Texas 75254
Angela S. Myres, 11410 Wolfs Landing, Fairfax Station, Virginia 22039-2040
Clement Moreno, 20412 Haystack Cove, Spicewood, Texas 78669
Douglas N. Scott, 3404 High Vista Dr., Carrollton, Texas 75007
Thomas J. Ruiz, 404 Amalia Dr., Horizon City, Texas 79928
Charles J. Henry, 5622 Palisade Falls Tr., Kingwood, Texas 77345
Frank Acosta, 5421 Knoll Terrace, Kingwood, Texas 77339
Nora Cox Taylor, 15835 Foothill Farms Loop #1024, Pflugerville, Texas 78660
John H. Hofmann, P.O. Box 3505, San Angelo, Texas 76902
Kyriacos Zygourakis, Rice University, Dept of Chemical Eng, P.O. Box 1892,
Houston, Texas 77251-1892
Peter Chukwuemeka Okose M.D., 1007 Cowards Creek Dr., Friendswood, Texas
77546-4409
Janice B. Howard, 8542 Hidden Hollow Ct., Missouri City, Texas 77459
Peggy N. Troy, LeBonheur Children's Hospital, 50 N. Dunlap, Memphis, Tennessee
38103
Sandra Gunter Holland, 529 Oakhaven Dr., Pleasanton, Texas 78064
Steve Cronin, P.O. Box 205, Shepherd, Texas 77371
Hector Farias, 705 S. Texas Blvd., Weslaco, Texas 78596
Bryan K. Brown, 2911 Lacewood Ct., Pearland, Texas 77584
Pauline E. Higgins, JP Morgan Chase & Co., 712 Main St., 26th Fl.,
Houston, Texas 77002-3223
Antoinette Fontenot-Humphrey, 6905 Thistle Hill Way, Austin, Texas 78754
Cliff Mountain, 2909 Meandering River, Austin, Texas 78746
TRD-200304343
Karen Lundquist
Executive Director
Texas Ethics commission
Filed: July 17, 2003
Correction of Error
In the May 2, 2003, issue of the
Texas Register,
the Texas Department of Health adopted amendments to 25 TAC Chapter
40, Subchapter B, §§40.101-40.103, 40.105 and 40.106. Due to a
§40.105. Program Limitations.
Recipients are not eligible to receive medical transportation services
under the following circumstances:
(1) . . . .
TRD-200304437
On July 3, 2003, the director of the Bureau of Radiation Control (bureau),
Texas Department of Health, signed the Agreed Order between the bureau and
URI, Inc. (licensee-L03653) of Kingsville. The Agreed Order of March 8, 2002,
is extended to October 6, 2003, at which time the bureau will review the matter
and determine whether to further extend the Agreed Order.
A copy of all relevant material is available, by appointment, for public
inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact
Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas
Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by
calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall Street,
Austin, Texas.
TRD-200304354
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 18, 2003
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Texas Foot Consultants (registrant-R26964) of Houston to cease and desist
performing Foot (DP) x-ray procedures with the X-Cel x-ray unit (Model Number
MB-700; Serial Number 6222619), which is located at the registrant's Angleton
facility, until the exposures at skin entrance are within regulatory limits.
The order will remain in effect until the bureau authorizes the registrant
to perform the procedure.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200304361
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 21, 2003
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Rafael Flores, Jr. (Radiographer Identification
Number 001052; Card Audit Number 13048) of Highlands. A total penalty of $1,000
is proposed to be assessed the radiographer for alleged violations of 25 Texas
Administrative Code, §289.255.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200304360
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 21, 2003
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Texas Tech University Health Sciences
Center (registrant-M00630) of Lubbock. A total penalty of $15,000 is proposed
to be assessed the registrant for alleged violations of 25 Texas Administrative
Code, §289.230.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200304363
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 21, 2003
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Weslaco Radiology Center, Inc. (registrant-M00290)
of Edinburg. A total penalty of $10,000 is proposed to be assessed the registrant
for alleged violations of 25 Texas Administrative Code, §289.230.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200304362
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 21, 2003
Notice of Hearing on Proposed Medicaid Provider Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct
a public hearing on August 18, 2003, to receive public comment on proposed
payment rates for the Nursing Facility program operated by the Texas Department
of Human Services (DHS). These payment rates are proposed to be effective
September 1, 2003. The hearing will be held in compliance with Title 1 of
the Texas Administrative Code (TAC) §355.105(g), which requires a public
hearing on proposed payment rates. The public hearing will be held on August
18, 2003, at 1:00 p.m. in the Public Hearing Room (First Floor, Building III)
of the Riata Building at 12555 Riata Vista Circle, Austin, Texas 78727-6404,
with entry required through Security at the entrance of 12545 Riata Vista
Circle. Written comments regarding payment rates may be submitted in lieu
of testimony until 5:00 p.m. the day of the hearing. Written comments may
be sent by U.S. mail to the attention of Tony Arreola, HHSC Rate Analysis,
MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Express mail can
be sent, or written comments can be hand delivered, to Mr. Arreola, HHSC Rate
Analysis, MC H-400, Riata Building III, 12555 Riata Vista Circle, Austin,
Texas, 78727-6404. Alternatively, written comments may be sent via facsimile
to Mr. Arreola at (512) 685-3104. Interested parties may request to have mailed
to them or may pick up a briefing package concerning the proposed payment
rates by contacting Tony Arreola at (512) 685-3124 or at HHSC Rate Analysis,
MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Mr. Arreola, by August 8, 2003, so that appropriate
arrangements can be made.
Proposal. As single state agency for the state Medicaid program, HHSC proposes
new per diem payment rates for the nursing facility program operated by DHS.
These proposed rates are based on the rates in effect for state fiscal year
2003, less a 3.5 percent reduction consistent with appropriations for state
fiscal years 2004 and 2005; and House Bill 2292, 78th Legislature, which directs
HHSC to provide a program offering incentives for increasing direct care staff
and direct care wages and benefits if funds are available and directs HHSC
to modify the rules governing the "incentives program." These payments are
also proposed pursuant to §32.028(h) of the Human Resources Code which
directs HHSC to ensure that the "rates paid for nursing home services provide
for the rate component derived from reported liability insurance costs to
be paid only to those homes that purchase liability insurance acceptable to
the commission." To comply with this provision, the portion of the general
and administrative rate component derived from reported liability insurance
costs has been excluded from the rates in the chart below. The liability insurance
rate component is $1.13 per diem. The funds from the liability insurance rate
component excluded from these rates will be distributed to facilities that
verify liability insurance coverage acceptable to HHSC.
Payment rates are proposed to be effective September 1, 2003, for the state
fiscal years 2004 and 2005, as follows:
Rates by TILE (Texas Index for Level of Effort) class
Methodology and justification. The proposed rates in the chart above were
determined in accordance with the rate setting methodology at 1 TAC, Chapter
355, Subchapter C (relating to Reimbursement Methodology for Nursing Facilities), §355.307
(relating to Reimbursement Setting Methodology), §355.308 (relating to
Enhanced Direct Care Staff Rate), and in accordance with proposed revisions
to be codified in these sections. These rates were subsequently adjusted in
accordance with 1 TAC 355, Subchapter A (relating to Cost Determination Process), §355.101
and §355.109.
Participating facilities requesting to staff above the minimum staffing
requirements included in the rates in the above chart may receive one of the
following payment rates per day in addition to the above payment rates (within
available funds):
Additional levels will be made available on an as needed basis within appropriated
funds.
Methodology and justification. The proposed rates in the chart above were
determined in accordance with the rate setting methodology at 1 TAC, Chapter
355, Subchapter C (relating to Reimbursement Methodology for Nursing Facilities), §355.308
(relating to Enhanced Direct Care Staff Rate), and in accordance with proposed
revisions to be codified in this section. These rates were subsequently adjusted
in accordance with 1 TAC 355, Subchapter A (relating to Cost Determination
Process), §355.101 and §355.109. Issued in Austin, Texas, on July
22, 2003.
TRD-200304412
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 22, 2003
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct
a public hearing to receive public comment on a proposed facility-specific
payment rate for the Truman W. Smith Children's Care Center, a nursing facility
that is a member of the pediatric care facility special reimbursement class.
The hearing will be held in compliance with Title 1 of the Texas Administrative
Code (TAC) §355.105(g), which requires public hearings on proposed payment
rates for medical assistance programs. The public hearing will be held on
August 18, 2003, at 1:00 p.m. in the Public Hearing Room (First Floor, Building
III) of the Riata Building at 12555 Riata Vista Circle, Austin, Texas 78727-6404,
with entry required through Security at the entrance of 12545 Riata Vista
Circle. Written comments regarding payment rates may be submitted in lieu
of testimony until 5:00 p.m. the day of the hearing. Written comments may
be sent by U.S. mail to the attention of Tony Arreola, HHSC Rate Analysis,
MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Express mail can
be sent, or written comments can be hand delivered, to Mr. Arreola, HHSC Rate
Analysis, MC H-400, Riata Building III, 12555 Riata Vista Circle, Austin,
Texas, 78727-6404. Alternatively, written comments may be sent via facsimile
to Mr. Arreola at (512) 685-3104. Interested parties may request to have mailed
to them or may pick up a briefing package concerning the proposed payment
rates by contacting Tony Arreola at (512) 685-3124 or at HHSC Rate Analysis,
MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Mr. Arreola, by August 8, 2003, so that appropriate
arrangements can be made.
Proposal. HHSC proposes a per-day payment rate for the nursing facility
pediatric care facility special rate class for Truman W. Smith Children's
Care Center in the amount of $158.34. This payment rate is proposed to be
effective September 1, 2003.
Methodology and justification. The proposed rate was determined in accordance
with the proposed rate setting methodology for the nursing facility pediatric
care facility special rate class at 1 TAC, Chapter 355, Subchapter C (relating
to Reimbursement Setting Methodology for Nursing Facilities), §355.307(c).
This rate was subsequently adjusted in accordance with 1 TAC 355, Subchapter
A (relating to Cost Determination Process), §355.101 and §355.109.
TRD-200304410
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 22, 2003
A rate hearing on Reimbursement for Service Coordination for Persons with
Chronic Mental Illness (MH Service Coordination) and Reimbursement for Service
Coordination for Persons with Mental Retardation or a Related Condition or
Pervasive Developmental Disability (MR Service Coordination) will be held
on August 18, 2003, at 2:00 p.m. in the Public Hearing Room of the Texas Health
and Human Services Commission Riata Building III Located at 12555 Riata Vista
Circle, Austin Texas 78727.
Written comments may be submitted to the Health and Human Services Commission
Medicaid Rate Analysis, Mail Code H-400, 1100 West 49th Street, Austin, Texas
78756 or faxed to (512) 685-3104. Hand deliveries will be accepted at Riata
Building III, 1st floor, Mail Code H-400, 12555 Riata Vista Circle, Austin,
Texas 78727. Comments must be received by 5:00 p.m. on August 18, 2003. Interested
parties may obtain a copy of the reimbursement-briefing package by calling
the Reimbursement and Analysis Section at (512) 685-3124.
Persons requiring ADA accommodation should contact Tony Arreola by calling
(512) 685-3124, at least 72 hours prior to the hearing. Persons requiring
an interpreter for the deaf or hearing impaired should contact Tony Arreola
through the Texas Relay Operator by calling 1-800-735-2988.
Reimbursement for Service Coordination for Persons with Chronic Mental
Illness (MH Service Coordination)
The commission proposes that the following reimbursement per case amount
will be effective September 1, 2003.
Reimbursement for Service Coordination for Persons with Mental Retardation
or a Related Condition or Pervasive Developmental Disability (MR Service Coordination)
The commission proposes that the following reimbursement per case amount
will be effective September 1, 2003.
Mental Retardation
Unit of Service: Case Rate
Current Rate: $177.36
Proposed Rate: $171.15
The proposed rates are determined in accordance with 1 T.A.C. §355.706(c)
relating to adjustments to reimbursement rates when federal or state funding
is changed in ways that affect the available funding for programs.
TRD-200304344
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 18, 2003
A rate hearing on Reimbursement for Service Coordination for Persons with
Chronic Mental Illness (MH Service Coordination) and Reimbursement for Service
Coordination for Persons with Mental Retardation or a Related Condition or
Pervasive Developmental Disability (MR Service Coordination) will be held
on August 18, 2003, at 2:00 p.m. in the Public Hearing Room of the Texas Health
and Human Services Commission Riata Building III Located at 12555 Riata Vista
Circle, Austin Texas 78727.
Written comments may be submitted to the Health and Human Services Commission
Medicaid Rate Analysis, Mail Code H-400, 1100 West 49th Street, Austin, Texas
78756 or faxed to (512) 685-3104. Hand deliveries will be accepted at Riata
Building III, 1st floor, Mail Code H-400, 12555 Riata Vista Circle, Austin,
Texas 78727. Comments must be received by 5:00 p.m. on August 18, 2003. Interested
parties may obtain a copy of the reimbursement-briefing package by calling
the Reimbursement and Analysis Section at (512) 685-3124.
Persons requiring ADA accommodation should contact Tony Arreola by calling
(512) 685-3124, at least 72 hours prior to the hearing. Persons requiring
an interpreter for the deaf or hearing impaired should contact Tony Arreola
through the Texas Relay Operator by calling 1-800-735-2988.
Reimbursement for Service Coordination for Persons with Chronic Mental
Illness (MH Service Coordination)
The commission proposes that the following reimbursement per case amount
will be effective September 1, 2003.
Reimbursement for Service Coordination for Persons with Mental Retardation
or a Related Condition or Pervasive Developmental Disability (MR Service Coordination)
The commission proposes that the following reimbursement per case amount
will be effective September 1, 2003.
Mental Retardation
Unit of Service: Case Rate
Current Rate: $177.36
Proposed Rate: $171.15
The proposed rates are determined in accordance with 1 TAC §355.706(c)
relating to adjustments to reimbursement rates when federal or state funding
is changed in ways that affect the available funding for programs.
TRD-200304345
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 18, 2003
A rate hearing on Reimbursement for Institutions for Mental Diseases (IMD)
will be held on Monday, August 18, 2003 at 4:45 p.m. in the Public Hearing
Conference Room of the Riata Building III, 1st Floor. Enter the building at
12545 Riata Vista Circle, Austin, TX 78727 and obtain a pass from Security
for the Public Hearing Conference Room.
Written comments regarding payment rates may be submitted in lieu of testimony
until 5:00 p.m. on August 18, 2003. Written comments may be sent by U.S. mail
to the attention of Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West
49th Street, Austin, Texas 78756-3101. Express mail can be sent, or written
comments can be hand delivered, to Mr. Arreola, HHSC Rate Analysis, MC H-400,
Riata Building, 12555 Riata Vista Circle, Austin, Texas 78727-6404. Alternatively,
written comments may be sent via facsimile to Mr. Arreola at (512) 685-3104.
Interested parties may request to have mailed to them or may pick up a briefing
package concerning the proposed payment rates by contacting Mr. Arreola, HHSC
Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Tony Arreola, HHSC Rate Analysis, MC H-400,
1100 West 49th Street, Austin, Texas 78756-3101, telephone number (512) 685-3124,
by August 15, 2003, so that appropriate arrangements can be made.
Reimbursement for Institutions for Mental Diseases
(IMD)
The commission proposes that the following reimbursement amounts will be
effective September 1, 2003 through August 31, 2004:
$406.34 per day
The proposed rates were determined in compliance with the rate setting
methodology codified at 1 TAC Chapter 355, Subchapater F, §355.761
TRD-200304346
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 18, 2003
Payment rates for the state operated small facilities is proposed as follows:
Small Facilities
Current Rate: $205.99
Proposed Rate: $191.84
The proposed rates are determined in accordance with 1 TAC §355.706(c)
relating to adjustments to reimbursement rates when federal or state funding
is changed in ways that affect the available funding for programs.
A rate hearing will be held on August 18, 2003, at 4:00 p.m. in the Public
Hearing Room of the Texas Health and Human Services Commission Riata Building
III Located at 12555 Riata Vista Circle, Austin Texas 78727.
Written comments may be submitted to the Health and Human Services Commission
Medicaid Rate Analysis, Mail Code H-400, 1100 West 49th Street, Austin, Texas
78756 or faxed to (512) 685-3104. Hand deliveries will be accepted at Riata
Building III, 1st floor, Mail Code H-400, 12555 Riata Vista Circle, Austin,
Texas 78727. Comments must be received by 5:00 p.m. on August 18, 2003. Interested
parties may obtain a copy of the reimbursement-briefing package by calling
the Reimbursement and Analysis Section at (512) 685-3124.
Persons requiring ADA accommodations should contact Tony Arreola by calling
(512) 685-3124, at least 72 hours prior to the hearing. Persons requiring
an interpreter for the deaf or hearing impaired should contact Tony Arreola
through the Texas Relay Operator by calling 1-800-735-2988.
TRD-200304347
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 18, 2003
Reimbursement Rates for Non-state Operated Intermediate Care Facilities
for persons with Mental Retardation ((ICF/MR).
The Health and Human Services Commission will conduct a public hearing
to receive comment on the new reimbursement rates for Non-state Operated Intermediate
Care Facilities for persons with Mental Retardation (ICF/MR). The rates will
be effective September 1, 2003. The hearing will be held in compliance with
Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h),
which requires a public hearing on proposed reimbursement rates for medical
assistance programs. Payment rates are proposed to be effective September
1, 2003, as follows:
Chart for Non-State Operated ICF/MRs
Methodology and justification: The proposed rates were determined in accordance
with the rate setting methodology codified as 1 Texas Administrative Code
Chapter 355, Subchapter F relating to Reimbursement Methodology for all medical
assistance programs (ICF/MRs), §355.706.
The public hearing will be held on August 18, 2003, at 3:00 p.m. in the
Public Hearing Room, Floor 1, Riata Building 3, 12555 Riata Vista Circle,
Austin, Texas 78756.
Written comments may be submitted to HHSC Rate Analysis, Mail Code H-400,
1100 West 49th Street, Austin, Texas 78756, or faxed to (512) 685-3104. Hand
deliveries will be accepted at Riata Building 3, 12555 Riata Vista Circle,
Austin, Texas 78727. Comments must be received by 5:00 p.m. on Monday, August
18, 2003.
Persons requiring an interpreter for deaf or hearing impaired or other
accommodation should contact Tony Arreola by calling (512) 685-3124 or the
TDY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours
prior to the hearing.
TRD-200304348
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 18, 2003
A rate hearing on Reimbursement for Home & Community-Based Services
(HCS) will be held on August 18, 2003 at 2:30 p.m. in the Public Hearing Room
of the Texas Health and Human Services Commission Riata Building III located
at 12555 Riata Vista Circle, Austin, Texas 78727.
RECOMMENDED ACTION
The commission proposes that the following reimbursement amounts per service
for the HCS program become effective September 1, 2003, as follows:
Home & Community-Based Services
Methodology and justification
The proposed rates were determined in compliance with the rate setting
methodology codified at 1 Texas Administrative Code Chapter 355, Subchapter
F, §355.706.
TRD-200304349
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 18, 2003
Texas Department of Mental Health and Mental Retardation (TDMHMR), Non-state
Operated Intermediate Care Facilities for Persons with Mental Retardation
(ICF/MR)
Proposal. As single state agency for the state Medicaid program, the Health
and Human Services Commission (HHSC) proposes new rates for the Non-state
Operated ICF/MR program operated by the TDMHMR. Payment rates effective for
September 1, 2003 are proposed as follows:
Chart for Non-State Operated ICF/MRs
Public Hearing: A public hearing will be held on Monday, August 18, 2003
at 3:00 p.m., in compliance with Title I, Texas Administrative Code, Chapter
355, Subchapter F §355.702(h), which requires a public hearing on proposed
reimbursement rates for medical assistance programs. The hearing will be at
the Public Hearing Room of the Texas Health and Human Services Commission
Riata Building III located at 12555 Riata Vista Circle, Austin, Texas 78727.
Methodology and justification: The proposed rates were determined in compliance
with the rate setting methodology codified at 1 Texas Administrative Code
Chapter 355, Subchapter F, §355.706.
TRD-200304350
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 18, 2003
A rate hearing on Reimbursement for Medicaid Rehabilitative Services will
be held on August 18, 2003 at 3:30 p.m. in the Public Hearing Room of the
Texas Health and Human Services Commission Riata Building III located at 12555
Riata Vista Circle, Austin, Texas 78727.
Written comments may be submitted to the Texas Health and Human Services
Commission Medicaid Rate Analysis, Mail Code H-400, 1100 West 49th Street,
Austin, Texas 78756 or faxed to (512) 685-3104. Hand deliveries will be accepted
at Riata Building III, 1st Floor, Mail Code H-400, 12555 Riata Vista Circle,
Austin, Texas 78727. Comments must be received by 5:00 p.m. August 18, 2003.
Interested parties may obtain a copy of the reimbursement-briefing package
by calling the Rate Analysis Section at (512) 685-3124.
Persons requiring ADA accommodation should contact Tony Arreola by calling
(512) 685-3124, at least 72 hours prior to the hearing. Persons requiring
an interpreter for the deaf or hearing impaired should contact Tony Arreola
through the Texas Relay Operator by calling 1-800-735-2988.
The Commission proposes that the following reimbursement amounts will remain
effective beginning September 1, 2003, as follows:
Reimbursement for Medicaid Rehabilitative Services
The proposed rates were determined in compliance with 1 T.A.C. Chapter
355, Subchapter F, §355.706.
TRD-200304351
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 18, 2003
The Texas Health and Human Services Commission (HHSC) will conduct a public
hearing on August 14, 2003, to receive public comment on proposed payment
rates for the period of September 1, 2003, through August 31, 2004, for the
School Health and Related Services (SHARS) program. The public hearing will
be held on August 14, 2003, at 2:30 p.m. in the HHSC Public Hearing Room,
in Riata Building III, at 12555 Riata Vista Circle, Austin, Texas 78727-6404,
with entry required through Security at the entrance of 12545 Riata Vista
Circle. Written comments regarding the proposed payment rates may be submitted
in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments
may be sent by U.S. mail to the attention of Nancy Kimble, HHSC Rate Analysis,
Mail Code H-410, 1100 West 49th Street, Austin, Texas 78756-3101. Overnight
or special delivery mail may be sent, or written comments may be hand delivered,
to Ms. Kimble, HHSC Rate Analysis, Mail Code H-410, Riata Building III, 12555
Riata Vista Circle, Austin, Texas, 78727-6404. Alternatively, written comments
may be sent via facsimile to Ms. Kimble at (512) 338-6544. Interested parties
may request to have mailed to them or may pick up a briefing package concerning
the proposed payment rates by contacting Ms. Kimble (telephone: 512-338-6496;
FAX: 512-338-6544; or E-mail: nancy.kimble@hhsc.state.tx.us) on or after August
1, 2003.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Ms. Kimble, by August 12, 2003, so that appropriate
arrangements can be made.
TRD-200304352
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 18, 2003
The Texas Health and Human Services Commission (HHSC) will conduct a public
hearing on August 18, 2003, to receive public comment on proposed adjustments
to Medicaid payment rates for most providers of acute care services, including
rates for facilities providing inpatient and outpatient services, and rates
for physicians and other medical practitioners. Proposed rates for acute care
services are based on rates in effect for state fiscal year 2003, less a five
percent reduction consistent with appropriations for the state fiscal year
2004-2005 biennium. The reduction will also apply to hospitals participating
in selective contracting. The proposed rates are scheduled to be effective
September 1, 2003. The public hearing will be held on August 18, 2003, from
9:00 a.m. to 10:30 a.m., in the HHSC Public Hearing Room at Riata Building
III, 12555 Riata Vista Circle, Austin, Texas 78727-6404, with entry required
through Security at the entrance of 12545 Riata Vista Circle. Written comments
regarding the payment rate reductions may be submitted in lieu of testimony
until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S.
mail to the attention of Nancy Kimble, HHSC Rate Analysis, Mail Code H-410,
1100 West 49th Street, Austin, Texas 78756-3101. Overnight or special delivery
mail may be sent, or written comments may be hand delivered, to Ms. Kimble,
HHSC Rate Analysis, Mail Code H-410, Riata Building III, 12555 Riata Vista
Circle, Austin, Texas 78727-6404. Alternatively, written comments may be sent
via facsimile to Ms. Kimble at (512) 338-6544. Interested parties may request
additional information concerning the payment rate reductions by contacting
Ms. Kimble (telephone: 512-338-6496; FAX: 512-338-6544; or E-mail: nancy.kimble@hhsc.state.tx.us.).
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Ms. Kimble, by August 8, 2003, so that appropriate
arrangements can be made.
TRD-200304353
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 18, 2003
The Texas Health and Human Services Commission (HHSC) will conduct a public
hearing on August 18, 2003, to receive public comment on proposed payment
rates for the following Medicaid and non-Medicaid programs: Community Based
Alternatives - Home and Community Support Services and Assisted Living/Residential
Care; Community Living Assistance and Support Services; Consolidated Waiver
Program; Consumer-Managed Personal Assistance Services - Consumer Directed
Services; Day Activity and Health Services; Deaf-Blind With Multiple Disabilities
Waiver; Medically Dependent Children Program; Primary Home Care/Family Care;
and Residential Care. The Texas Department of Human Services operates these
programs. These payment rates are proposed to be effective September 1, 2003.
The hearing will be held in compliance with Title 1 of the Texas Administrative
Code (TAC) §355.105(g) and Title 40 TAC §20.105(g), which require
public hearings on proposed payment rates. The public hearing will be held
on August 18, 2003, at 10:30 a.m. in the Public Hearing Room (First Floor,
Building III) of the Riata Building at 12555 Riata Vista Circle, Austin, Texas
78727-6404, with entry required through Security at the entrance of 12545
Riata Vista Circle. Written comments regarding payment rates may be submitted
in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments
may be sent by U.S. mail to the attention of Tony Arreola, HHSC Rate Analysis,
MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Express mail can
be sent, or written comments can be hand delivered, to Mr. Arreola, HHSC Rate
Analysis, MC H-400, Riata Building III, 12555 Riata Vista Circle, Austin,
Texas, 78727-6404. Alternatively, written comments may be sent via facsimile
to Mr. Arreola at (512) 685-3104. Interested parties may request to have mailed
to them or may pick up a briefing package concerning the proposed payment
rates by contacting Tony Arreola at (512) 685-3124 or at HHSC Rate Analysis,
MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Mr. Arreola, by August 8, 2003, so that appropriate
arrangements can be made.
TRD-200304411
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 22, 2003
The Health and Human Services Commission (HHSC) announces its intent to
submit to the Centers for Medicare and Medicaid Services TN 03-08, Amendment
643 to the Texas State Plan for Medical Assistance under Title XIX of the
Social Security Act, effective April 1, 2003. This proposed amendment deletes
cost sharing that was approved in Amendment 634. The cost-sharing process
described in Amendment 634 was enjoined by a state district court in Travis
County on December 16, 2002, the first business day following the effective
date of Amendment 634. HHSC, therefore, has not implemented the cost sharing
established under the amendment or generated the program cost savings that
were anticipated from its successful implementation. In addition, the Texas
Legislature is currently considering legislation that would codify certain
Medicaid cost-sharing requirements. The attached amendment is proposed in
order to accommodate new public policy as prescribed by the 78th Texas Legislature
and to enable HHSC to consider all potential cost savings initiatives. The
proposed amendment is not expected to result in an increase in federal or
state matching funds.
To obtain copies of the proposed amendment, interested parties may contact
Winnie Rutledge, by mail at Health and Human Services Commission, 1100 W.
49th Street, H-200, Austin, Texas 78756-3199 or by telephone (512) 338-6967.
TRD-200304382
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: July 21, 2003
Request for Offers for Consulting Services
The Texas Higher Education Coordinating Board (hereinafter referred to
as THECB) is soliciting offers from organizations (hereinafter referred to
as Consultant) for consulting services to advise THECB on the Texas Association
of Developing Colleges (hereinafter referred to as TADC) Centers for Teacher
Education. The ultimate objectives of this Request for Offers (hereinafter
referred to as RFO) are to 1) facilitate and coordinate a collaborative strategic
planning process to involve TADC college administration in planning for collaborative
distance education, upgrading of technology, curriculum development and redesign
and improvement of ExCET preparation; 2) work in collaboration with the Texas
Higher Education Coordinating Board and TADC college administration to identify
training needs of college faculty in the centers for teacher education in
the areas related to distance education, curriculum development and improvement
of ExCET preparation; 3) facilitate and coordinate college administration
and faculty professional development workshops to meet areas of need for delivery
of distance education, curriculum development and redesign and improvement
of ExCET preparation; and 4) report progress in TADC teacher education enrollment,
level of participation in the distance education program, successful student
placements, and other evaluative measures.
This Request for Offer is being made pursuant to authority granted under
Texas Government Code, Chapter 2254, subchapter B, section 2254.026 (relating
to contracts with private consultants).
GENERAL BACKGROUND: The Texas Legislature established the Centers for Teacher
Education Program during the 74th legislative session. The Texas Higher Education
Coordinating Board was given the assignment of managing the program and has
provided trusteed funds to support the programs at several historically Black
Colleges. These institutions collectively form the Texas Association of Developing
Colleges (TADC) and include Jarvis Christian College in Hawkins, Paul Quinn
College in Dallas, Texas College in Tyler, Huston-Tillotson College in Austin,
and Wiley College in Marshall. These colleges are private, general academic,
minority-serving institutions and the funds appropriated are used for the
purpose of supporting their centers for teacher education. The purpose of
the Centers for Teacher Education at the participating colleges is to 1) recruit,
train and place qualified minorities in the teaching profession; 2) integrate
technology into the colleges' teacher preparation programs; and 3) provide
or participate in at least one course per semester via distance education
technologies. THECB retains a small percentage of the appropriations made
for the teacher education centers for the costs of on-site monitoring and
distribution of funds and, uses a portion of the amounts retained to obtain
the services of a consultant to facilitate and coordinate the process of curriculum
development and program redesign to improve teacher preparation at the participating
institutions. The consultant assists with the administrative oversight of
the various teacher education activities, coordinates the quarterly meetings
that are held in Dallas, and works closely with THECB staff.
CONTRACT TERM: The contract resulting from this RFO, shall commence on
the execution date and shall terminate on August 31, 2004 or upon the completion
of Consultant's work described herein, whichever occurs first, unless terminated
earlier pursuant to terms and conditions of the anticipated contract resulting
from this RFO.
SCOPE OF WORK:
Overview: Consultant shall facilitate and coordinate a collaborative strategic
planning process to involve TADC college administration in planning for collaborative
distance education, upgrading of technology, curriculum development and redesign
and improvement of ExCET preparation; work in collaboration with the Texas
Higher Education Coordinating Board and TADC college administration to identify
training needs of college faculty in the centers for teacher education in
the areas related to distance education, curriculum development and improvement
of ExCET preparation; facilitate and coordinate college administration and
faculty professional development workshops to meet areas of need for delivery
of distance education, curriculum development and redesign and improvement
of ExCET preparation; and report progress in TADC teacher education enrollment,
level of participation in the distance education program, successful student
placements and other evaluative measures. Consultant shall be solely responsible
and accountable for managing and completing all activities, tasks, milestones
and deliverables in accordance with the Scope of Work and the deliverables
commitment of this RFO. Assignment of THECB staff to assist Consultant in
its responsibility shall in no way release the Consultant from its responsibility
for completing any work or delivering any products set forth in this RFO,
its Statement of Work or resulting contract.
Phase I - Proposal
Consultant shall provide to THECB a proposal of services to be performed,
a proposed plan of action to be taken to achieve the goals set forth in this
agreement, and evaluation of the attainment of the goals and objectives set
forth by the agreement. The proposal must include specific objectives and
timelines for meeting each phase of the plan. The proposal must also include
consultant's travel costs to TADC schools named in Section 1 or other sites
within Texas, including travel costs of THECB staff to monitor compliance
with this contract.
In response to this RFO, the Consultant must:
provide a detailed description of Consultant's suggested methodology, approach
and alternatives to meeting Phase I objectives;
propose a detailed description of the tasks, activities, resources and
time lines for performing Phase I objectives (the description should be sufficiently
detailed to include in a Statement of Work for the contract);
provide a brief description of Consultant's qualifications to perform Phase
I objectives;
describe Consultant's prior experience in performing Phase I type objectives,
with an emphasis on prior experience with public sector contracts and describe
how organizations responded to Consultant's recommendations; and
provide a list of references where Phase I type objectives were met, including
for each reference: the name of the organization, the name, title, address
and telephone number of a contact person and a brief description of the services
performed.
Phase II - Progress Reports
Consultant shall submit to THECB a progress report providing information
on 1) all records of evidence of expenditure of funds to assist the TADC school's
efforts to improve student recruitment and retention; 2) evidence of professional
development activities at the TADC schools to date; 3) report on the extent
to which library, mathematics, science, technology laboratories and other
facilities at the TADC schools have been enhanced; 4) evaluation of changes
in curricula to better match TExES/ExCET competencies and outcomes at TADC
schools; 5) evaluation of the effectiveness of technology integration to date
at TADC schools; 6) summary of expenditures for personnel related to improved
educator preparation at TADC schools; and 7) summary evidence that library
holdings have been enhanced in the areas of certification at TADC schools.
In response to this RFO, the Consultant must:
provide a detailed description of Consultant's suggested methodology, approach
and alternatives to meeting Phase II objectives;
propose a detailed description of the tasks, activities, resources and
time lines for performing Phase II objectives (the description should be sufficiently
detailed to include in a Statement of Work for the contract);
provide a brief description of Consultant's qualifications to perform the
Phase II objectives;
describe Consultant's prior experience in performing Phase II type objectives
with emphasis on prior experience with public sector contracts; and
provide a list of references where Phase II type objectives were met, including
for each reference: the name of the organization, the name, title, address
and telephone number of a contact person and a brief description of the services
performed.
Phase III - Final Report
Consultant shall submit a final report to THECB evaluating the effectiveness
of the funds for improving teaching education at the TADC schools and detailing
their progress to date in achieving the following: 1) improving the TExES/ExCET
pass rate for TADC first-time test-takers and retake pass rates; 2) increasing
the number of students enrolled in the teacher preparation program at TADC
schools; 3) increasing the graduation rate of teacher preparation candidates
at TADC schools; 4) integrating existing technology into teacher preparation
at TADC schools; and 5) summary evidence that courses are sent per semester
via distance education technologies at TADC schools.
In response to this RFO, the Consultant must:
provide a detailed description of Consultant's suggested methodology, approach
and alternatives to meeting Phase III objectives;
propose a detailed description of the tasks, activities, resources and
time lines for performing Phase III objectives (the description should be
sufficiently detailed to include in a Statement of Work for the contract);
provide a brief description of Consultant's qualifications to perform the
Phase III objectives;
describe Consultant's prior experience in performing Phase III type objectives;
and
provide a list of references where Phase III objectives were met, include
for each reference: the name of the organization, the name, title, address
and telephone number of a contact person and a brief description of the services
performed.
Audit
Consultant understands that acceptance of state funds under this contract
acts as acceptance of the authority of the State Auditor's Office, or any
successor agency, to audit or investigate the expenditure of state funds under
this contract. Consultant further agrees to cooperate fully with the State
Auditor's Office or its successor, including providing all records requested.
Consultant will ensure that this clause concerning authority to audit state
funds received indirectly by subcontractors through the Consultant and the
requirement to cooperate is included in any subcontract it awards.
Contract Deliverables
Consultant shall, in a good and satisfactory manner, carry out the tasks
necessary to provide analysis, advice, recommendations, performances and Deliverables
as called for in this RFO and in accordance with the Scope of Work. Such performances
shall be rendered at schools named in Section 1 or other sites within Texas
as hereinafter named by THECB or its designee, unless THECB, or its designee,
shall otherwise specify in writing.
Substantive Outlines. As an interim deliverable, Consultant shall produce
and present to THECB, for review and approval, a substantive outline for the
work and content for: Phase I, Phase II, and Phase III. The substantive content
of each outline shall include at a minimum a proposed final report format
and a substantive discussion of the approach and methodology for the work
to be performed. THECB and Consultant shall adjust or revise the scope of
each outline to more clearly define the Scope of Work.
Draft Reports. As an interim deliverable, Consultant shall produce and
present to THECB, for review and approval, an interim draft report for: Phase
I, Phase II, and Phase III. This deliverable shall include: appendices with
statistical data supporting findings, conclusions and recommendations. Consultant
shall also include: charts, graphs, and other visual representations of core
findings, conclusions and recommendations. The Consultant shall make such
corrections to substance and content as identified by THECB. The Consultant
shall make such adjustments and modifications to draft report as identified
by THECB.
Final Reports. As a final contract Deliverable, Consultant shall produce
a written report for: Phase I, Phase II, and Phase III. The specific organization
and substantive content of each report shall be resolved throughout the project,
with emphasis during the interim deliverable stages. Each report shall include
the following topics and such other topics, which are specifically agreed
upon between THECB and Consultant and the report must thoroughly resolve the
particular issues unique to each deliverable:
Table of Contents
Executive Summary
Scope and Objectives
Summary of Significant observations and Conclusions
Overall Conclusions and Recommendations
Background
Detailed Scope and Objectives
Methodology
Assumptions
Detailed Findings and Observations
Analysis
Recommendations
Conclusion
Appendices
Status Reporting. During scheduled bi-weekly meetings, Consultant shall
provide oral reports on Project progress and schedule, and a schedule of the
next period's activities. Consultant shall document by written minutes of
the meetings. Details of the period's activities shall include:
planned schedule versus actual schedule;
any problems encountered and status;
any failures to meet deadlines and proposed solutions; and
any deviations from the Scope of Work;
The Consultant shall disclose at the meeting the impact that any problems,
failures or deviations have on the scheduled completion of tasks and work
segments, the Phase, and the entire Project. Bi-weekly meetings may be by
telephone conference call.
The Consultant shall submit to THECB a written report of schedule and/or
content variances from the Scope of Work for each Phase, at the deliverable,
task and activity levels, within five (5) working days from the time of their
occurrence.
The Consultant shall submit monthly written reports to THECB that shall
encompass:
the overall status of the Project, including unanticipated problems and
delays and the impact on Project completion;
the prior month's accomplishments;
any outstanding problems and/or issues and proposed solutions; and
upcoming activities.
At a minimum, Consultant shall illustrate all upcoming activities using
work plans specifically identifying tasks, personnel and begin and end dates.
Consultant and THECB shall develop a tentative schedule for periodic meetings
with THECB. The meetings shall be for the purpose of providing information
and additional guidance to Consultant in the performance of the Scope of Work.
THECB may request interim advice from Consultant at such meetings. If appropriate,
such meetings may coincide with regularly scheduled meetings to report status.
THECB shall have thirty (30) business days following delivery of the interim
or final products, Deliverables or Services ("Acceptance Period"), to accept
or reject any products, Deliverables or Services ("Deliverable") tendered
by Consultant in performance under this RFO or resulting contract. Tendering
to THECB a Deliverable for Acceptance constitutes a certification by the Consultant
that the Deliverable fully meets all of the requirements in the RFO, Scope
of Work and any resulting contract. In the event THECB elects to reject a
Deliverable during the Acceptance Period, THECB shall notify Consultant in
writing of such rejection. THECB shall assist Consultant in identifying the
error, type of error or inadequacy of the Deliverable, to permit Consultant
to understand the cause of the error or inadequacy and correct the error or
inadequacy. Upon Consultant's resolution of any errors or inadequacies, identified
during the Acceptance Period, the Deliverable shall be resubmitted to THECB
for acceptance or rejection as stated above. Acceptance of the Deliverable(s)
shall be in writing by an authorized representative of THECB ("Acceptance").
Time is of the essence in completing the Deliverables Phases I-III Deliverables.
Completion for the Deliverables for Phases I-III is required no later than
July 28, 2004. Consultant should provide proposed completion dates in the
format below in order to meet the project completion date of August 31, 2004.
Phase I:
Substantive Outline: tendered to THECB on or before October 3, 2003;
Interim Draft Report: tendered to THECB on or before October 17, 2003;
Final Report: tendered to THECB on or before October 31, 2003;
Status Reports, according to the schedule;
In-person-report(s).
Phase II:
Substantive Outline: tendered to THECB on or before December 5, 2003;
Interim Draft Report: tendered to THECB on or before February 6, 2004;
Final Report: tendered to THECB on or before March 5, 2004;
Status Reports, according to the schedule;
In-person-report(s).
Phase III:
Substantive Outline: tendered to THECB on or before May 7, 2004;
Interim Draft Report: tendered to THECB on or before June 11, 2004;
Final Report: tendered to THECB on or before July 28, 2004
Status Reports, according to the schedule;
In-person-report(s).
As an additional Deliverable, Consultant shall make "in person" presentations
of its findings, analysis, conclusions and recommendations on such dates,
times, and places in Austin, Travis County, Texas as requested by THECB. Such
presentations may include audiences internal or external to THECB. THECB anticipates
that no more than two or three such presentations shall be required. These
presentations may occur, within an 18-month time frame following the Acceptance
of the final report(s).
OFFER PROCESS
Questions relating to the RFO. Consultant is expected to examine this Request
for Offers (RFO) carefully, understand the terms and conditions for providing
the pertinent services, and respond completely. Failure to respond completely
may result in disqualification. Questions about this RFO shall be directed,
in writing only, to the address provided below, on company letterhead or via
e-mail. Verbal questions and explanations are not permitted. Electronic submissions
by facsimile shall be accepted. THECB reserves the right to provide or not
to provide additional clarification in response to Consultant's questions.
To be eligible to receive Consultant questions and responses to this RFO,
if any, the Consultant, must file a written letter of interest with THECB
no later than 2:00 p.m. on Friday, August 29, 2003. No inquiries or questions
shall be answered after 2:00 p.m. on Friday, August 29, 2003 to allow ample
distribution time for any changes. Any questions or letters of interest regarding
this RFO may be directed to:
Dr. Susan Hetzler, Program Director for Educator Preparation
Division of Universities and Health-Related Institutions
Texas Higher Education Coordinating Board
P. O. Box 12788
Austin TX 78711
Delivery of Offer. A signed original and five (5) copies of the offer must
be received by THECB, no later than 5:00 p.m., Central Time, September 12,
2003. Any offer received after the specified time and date shall not be considered.
Conditioned on THECB's receipt of the requisite finding of fact from the Governor's
Budget and Planning Office pursuant to Texas Government Code section 2254.028,
THECB anticipates entering into the resultant contract on or about September
19, 2003. The Consultant's offers shall be delivered to:
Dr. Susan Hetzler, Program Director for Educator Preparation
Division of Universities and Health-Related Institutions
Texas Higher Education Coordinating Board
1200 East Anderson Lane
Austin TX 78752
P.O. Box 12788, Austin TX 78711
THECB Reservation of Rights. THECB has sole discretion and the absolute
right to reject any and all offers, terminate this Request for Offers or amend,
delay or re-issue this Request for Offers. THECB reserves the right to remedy
technical errors in the RFO process, waive any informalities and irregularities
relating to any or all Offers submitted in response to this request and to
negotiate modifications necessary to improve the quality or cost effectiveness
of any Offer to THECB. THECB further reserves the right to accept one or more
offers and contract for any grouping or individual Deliverables described
in this RFO. The issuance of this Request for Offers does not constitute a
commitment by THECB to award any contract. THECB intends any material provided
in this Request for Offers only and solely as a means of identifying the scope
of services and qualifications sought.
Expenses for Preparing Offer. THECB shall not pay any cost incurred by
a prospective Consultant in the preparation of a response to this Request
for Offers and such costs shall not be included in the budget of the prospective
Consultant submitted pursuant to this Request for Offers. The State of Texas
assumes no responsibility for expenses incurred in the preparation of responses
to this Request for Offers. In the event that the prospective Consultant is
engaged to provide the services contemplated by this Request for Offers, any
expenses incurred by the prospective Consultant associated with the negotiation
and execution of the contract for the engagement shall remain the obligation
of the Consultant.
Non-responsive Offers. Failure to respond to all required portions of this
RFO may result in the Consultant's response being deemed non-responsive. If
a Consultant's response is deemed non-responsive by THECB, the response shall
be disqualified. Offers must be signed by an officer or principal of the Consultant,
however, they may be signed by an agent if accompanied by written evidence
of authority.
Duration of Offer. All provisions in Consultant's Offer, including any
estimated or projected costs, shall remain valid for ninety (90) days following
the deadline date for submissions or if an Offer is selected, throughout the
entire term of the Contract. Offers may be withdrawn in writing prior to the
date and time set for receipt of Offers.
Negotiation with Consultant. Preliminary and final negotiations with top-ranked
prospective Consultants may be held at the discretion of THECB. THECB may
decide, at its sole option and in its sole discretion, to negotiate with one,
several, or none of the prospective Consultants submitting Offers pursuant
to this request. During the negotiation process, THECB and any prospective
Consultant(s) with whom THECB chooses to negotiate, may adjust the scope of
the services, alter the method of providing the services, and/or alter the
costs of the services so long as the changes are mutually agreed upon and
are in the best interest of THECB. Statements made by a prospective Consultant
in the Offer packet or in other appropriate written form shall be binding
unless specifically changed by the Consultant, in writing, during final negotiations.
A contract award may be made by THECB without negotiations if THECB determines
that such an award is in THECB's best interest.
Selection Criteria. THECB shall conduct an evaluation of all offers that
conform to the requirements of this RFO. In selecting a consultant, THECB
shall: (1) base its choice on demonstrated competence, knowledge, and qualifications
and on the reasonableness of the proposed fee for the services; and (2) if
other considerations are equal, give preference to a consultant whose principal
place of business is in the State of Texas or who shall manage the consulting
contract wholly from an office in the State of Texas. Conforming offers shall
be reviewed by a Selection Committee consisting of THECB staff members.
Award/Contract Subject to Available Appropriations. This Request for Offers
and any contract which may result from it are subject to appropriation of
State funds and the Request for Offers and/or contract may be terminated at
any time if such funds are not available.
Public Information. All offers are considered to be public information
subsequent to an award of the contract. All information relating to Offers
shall be subject to the Public Information Act, Texas Government Code Annotated,
Chapter 552, after the award of the contract. All documents shall be presumed
to be public unless a specific exception in that Act applies. Prospective
Consultants are requested to avoid providing information which is proprietary,
but if it is necessary to do so, offers must specify the specific information
which the prospective Consultant considers to be exempted from disclosure
under the Act and those pages or portions of pages which contain the protected
information must be clearly marked. The specific exemption that the prospective
Consultant believes protects that information must be cited. THECB shall assume
that an Offer submitted to THECB contains no proprietary or confidential information
if the prospective Consultant has not marked or otherwise identified such
information in the offer at the time of its submission to THECB.
Negotiation of Contract Terms and Conditions. At any time after the offers
are opened, THECB may negotiate contract terms and conditions with one or
more of the Consultants. An award of a contract is expressly conditioned upon
THECB and Consultant reaching an agreement on contract terms and conditions.
THECB reserves the sole right, in its discretion, to determine if contract
terms and conditions are acceptable. If the Consultant and THECB are unable
to reach an agreement on the contract terms and conditions, THECB shall disqualify
that Consultant, and then THECB shall negotiate contract terms and conditions
with the next best Consultant.
Return of Offers After Selection Process. All offers become property of
THECB upon receipt and shall not be returned.
Ethics Standards. No person shall participate or assume a responsibility
in the implementation and execution of this RFO process including, but not
limited to, the evaluation of offers and selections of Consultant's, when
such participation constitutes a conflict of interest as defined by state
law or executive order. After the RFO is published, THECB or any employee
shall not furnish any technical information, or solicit offers and/or prices
for its requirements or take any type of action which would or could be construed
to give a direct or indirect advantage or disadvantage to any potential Consultant.
Restrictions on Communication. After the RFO has been issued, Consultant
is prohibited from communicating with THECB staff regarding the RFO or offers,
with the following exceptions:
Dr. Susan Hetzler, in writing;
The Committee, if interviews are conducted;
THECB reserves the right to contact any Consultant for clarification after
responses are opened and/or to further negotiate with any Consultant if such
is deemed desirable by THECB.
THECB shall not schedule meetings with representatives of any Consultant
to discuss offers, and Consultant should not contact THECB employees to explain,
clarify or discuss their Offers before an award has been made except as set
out in this section. Violation of this provision may lead to disqualification
from this process.
CONTENT OF OFFERS
All Offers must be typed, double spaced, on 8 1/2" x 11" paper, clearly
legible, with all pages sequentially numbered and bound or stapled together.
The name of the prospective Consultant must be typed at the top of each page.
Do not attach covers, binders, pamphlets, or other items not specifically
requested.
A Table of Contents must be included with respective page numbers opposite
each topic. The Offer must contain the following completed items in the following
sequence:
Transmittal Letter: A letter addressed to Dr. Susan Hetzler, Program Director
for Educator Preparation, Division of Universities and Health-Related Institutions,
Texas Higher Education Coordinating Board, PO Box 12788, Austin, TX 78711
that identifies the person or entity submitting the Offer and includes a commitment
by that person or entity to provide the services required by THECB. The letter
must specifically identify that this Offer is in reference to THECB Texas
Association of Developing Colleges-Centers for Teacher Education RFO. The
letter must include "full acceptance of the terms and conditions of the contract
resulting from this Request for Offers." Any exceptions must be specifically
noted in the letter. However, any exceptions may disqualify the Offer from
further consideration at THECB's discretion. The letter must state, "The Offer
enclosed is binding and valid at the discretion of THECB."
Executive Summary: The Offer must include a summary of the contents of
the Offer, excluding cost information. Address services that are offered beyond
those specifically requested as well as those offered within specified deliverables.
Explain any missing or other requirements not met, realizing that failure
to provide necessary information or offer required service deliverables may
result in disqualification of the Offer.
Project Offer: The Offer must track and reference each section number in
Section 3 Scope of Work. Consultant should provide a substantive description
of how Consultant proposes to satisfy each item. If Consultant cannot satisfy
a particular item or requirement, then Consultant must clearly identify the
items or requirements it cannot satisfy. If Consultant believes it can best
meet the needs of THECB by suggesting a modification to the Scope of Work,
please suggest alternatives. If an alternative is proposed, please include
a separate section identified as "Alternative Offer to Section X.X." THECB
reserves the right to not consider alternative Offers. If a response requires
Consultant to assume facts not presented in the RFO, Consultant must clearly
identify such assumed facts. If a section requests specific information, please
include the requested information.
Cost Offer: THECB is interested in awarding a fixed fee contract. Because
THECB may enter into a contract for all or some of the deliverables, please
identify each deliverable and the corresponding fee and include a proposed
schedule of payments. Consultant is welcome to suggest alternative fee Offers,
but if an alternative is offered, please clearly identify that the fee Offer
is an alternative. The THECB reserves the right to not consider alternative
Offers.
Qualifications: While THECB is interested in the experience and qualifications
of Consultant's firm or company, THECB is particularly interested in the experience
of the individual staff Consultant intends to apply to this engagement. Therefore,
please include information relating to the firm's or company's experience
and qualification and please attach detailed resumes for each staff that Consultant
intends to apply to this engagement. The resumes should identify the specific
experience, projects and assignments for each staff offered. Emphasis should
be placed on similar projects within the public sector and/or higher education.
References: Prospective Consultants shall provide the names of at least
three (3) different references meeting the following criteria:
The reference company or entity must have engaged the prospective Consultant
for the same or similar services as those to be provided in accordance with
the terms of this Request for Offers.
The services must have been provided by the prospective Consultant to the
reference company or entity within the five (5) years preceding the issuance
of this Request for Offers. The reference company or entity must not be affiliated
with the prospective Consultant in any
ownership or joint venture arrangement.
References must include the company or entity name, address, contact name,
and telephone number for each reference. THECB may not be used as a reference.
The contact name must be the name of a senior representative of the reference
company or entity who was directly responsible for interacting with the prospective
Consultant throughout the performance of the engagement and who can address
questions about the performance of the prospective Consultant from personal
experience. References shall accompany the Offer.
For each such reference, the prospective Consultant shall provide a signed
release from liability in the form of a letter addressed to the reference
company or individual signed by Consultant for each reference provided in
response to this requirement. The release from liability shall absolve the
specified reference company or entity from liability for information provided
to THECB concerning the prospective Consultant's performance of its engagement
with the reference.
Financial Condition: As part of any Offer submission, the prospective Consultant
must include information regarding financial condition, including income statements,
balance sheets, and any other information which accurately shows the prospective
Consultant's current financial condition. All offers shall include the Consultant's
State of Texas vendor identification number or federal tax identification
number. THECB reserves the right to request such additional financial information
as it deems necessary to evaluate the prospective Consultant, and by submission
of an Offer, the prospective Consultant agrees to provide same. The prospective
Consultant must disclose if and when it has filed for bankruptcy within the
last seven (7) years. For prospective Consultants conducting business as a
corporation, partnership, limited liability partnership, or other form of
artificial person, the prospective Consultant must disclose whether any of
its principals, partners, or officers have filed for bankruptcy within the
last seven (7) years.
Certifications/Affirmations/Disclosures: By signing the transmittal letter
and submitting an Offer, Consultant makes and agrees to make the following
certifications, affirmations and disclosures. If any explanation or qualification
is required for any certification, affirmation or disclosure, you must include
such explanation or qualification in your transmittal letter. A false statement
or misleading statement in this section is a material breach of contract and
shall void the submitted Offer or any resulting contracts. Please restate
each of the following certifications, affirmations or disclosures in this
section of your Offer.
The Consultant has not given, nor intends to give at any time hereafter,
any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor, or service to a public servant in connection with the
submitted Offer.
The Consultant is not currently delinquent in the payment of any franchise
tax owed the State of Texas.
Neither the Consultant nor the firm, corporation or partnership or institution
represented by the Consultant or anyone acting for such firm, corporation
or institution has violated the antitrust laws of this State, the Federal
antitrust laws nor communicated directly or indirectly the Offer made to any
competitor or any other person engaged in such line of business.
The Consultant has not received compensation for participation in the preparation
of the specification for this Offer.
Pursuant to Texas Family Code, Section 231.006 (relating to delinquent
child support), the Consultant certifies that the individual or business entity
named in this Offer is not ineligible to receive a specified payment and acknowledge
that this contract may be terminated and payment may be withheld if this certification
is inaccurate.
An Offer must include the names and Social Security Numbers of each person
with at least a 25% ownership of the business entity submitting this Offer.
Pursuant to Section 2155.004 Government Code (relating to issuance of warrants
to persons indebted to the State or who owe delinquent taxes to the State)
the Consultant certifies that the individual or business entity named in this
Offer is not ineligible to receive the specified contract and acknowledges
that this contract may be terminated and payment withheld if this certification
is inaccurate.
Consultant acknowledges and agrees that, to the extent Consultant owes
any debt or delinquent taxes to the State of Texas, in accordance with Section
403.055(h), Government Code, any payments Consultant is owed under this Agreement
shall be applied by the Comptroller of Public Accounts toward any debt or
delinquent taxes Consultant owes the State of Texas until the debt or delinquent
taxes are paid in full.
Pursuant to Article 2.45 of the Texas Business Corporation Act, Consultant
must certify that it is not delinquent in a tax owed to the State under Chapter
171 of the Texas Tax Code. Any Consultant who is delinquent may not be awarded
a contract by the State.
With respect to all services, if any, purchased pursuant to this RFO, Consultant
represents and warrants that it shall buy Texas products and materials for
use in providing the services authorized herein when such products and materials
are available at a comparable price and in a comparable period of time when
compared to non-Texas products and materials.
Consultant certifies that if a Texas address is shown as the address of
the vendor, Vendor qualifies as a Texas Resident Bidder as defined in Rule
1 TAC 111.2.
If the consultant is an individual not residing in Texas or a business
entity not incorporated in or whose principal domicile is not in Texas, the
consultant certifies that it either: (a) holds a permit issued by the Texas
comptroller to collect or remit all state and local sales and use taxes that
become due and owing as a result of the consultant's business in Texas; or
(b) does not sell tangible personal property or services that are subject
to the state and local sales and use tax.
If the Consultant is an individual who has previously been employed by
THECB or any other Texas state agency at any time during the two years preceding
their Offer, the Consultant must disclose the following:
the nature of the previous employment with THECB or any other state agency;
the date the employment was terminated;
the annual rate of compensation for the employment at the time of the Consultant's
termination.
If a Consultant is subject to this disclosure and fails to make such a
disclosure, the Offer shall be disqualified.
TRD-200304390
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Filed: July 21, 2003
Notice of Public Hearing
The Texas Health and Human Services Commission (HHSC) will conduct a public
hearing on August 18, 2003, to receive public comment on proposed payment
rates for the following Medicaid and non-Medicaid programs: Community Based
Alternatives - Home and Community Support Services and Assisted Living/Residential
Care; Community Living Assistance and Support Services; Consolidated Waiver
Program; Consumer-Managed Personal Assistance Services - Consumer Directed
Services; Day Activity and Health Services; Deaf-Blind With Multiple Disabilities
Waiver; Medically Dependent Children Program; Primary Home Care/Family Care;
and Residential Care. The Texas Department of Human Services operates these
programs. These payment rates are proposed to be effective September 1, 2003.
The hearing will be held in compliance with Title 1 of the Texas Administrative
Code (TAC) §355.105(g) and Title 40 TAC §20.105(g), which require
public hearings on proposed payment rates. The public hearing will be held
on August 18, 2003, at 10:30 a.m. in the Public Hearing Room (First Floor,
Building III) of the Riata Building at 12555 Riata Vista Circle, Austin, Texas
78727-6404, with entry required through Security at the entrance of 12545
Riata Vista Circle. Written comments regarding payment rates may be submitted
in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments
may be sent by U.S. mail to the attention of Tony Arreola, HHSC Rate Analysis,
MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Express mail can
be sent, or written comments can be hand delivered, to Mr. Arreola, HHSC Rate
Analysis, MC H-400, Riata Building III, 12555 Riata Vista Circle, Austin,
Texas, 78727-6404. Alternatively, written comments may be sent via facsimile
to Mr. Arreola at (512) 685-3104. Interested parties may request to have mailed
to them or may pick up a briefing package concerning the proposed payment
rates by contacting Tony Arreola at (512) 685-3124 or at HHSC Rate Analysis,
MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Mr. Arreola, by August 8, 2003, so that appropriate
arrangements can be made.
TRD-200304429
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: July 23, 2003
Third Party Administrator Applications
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of WHP Health Initiatives, Inc. DBA
Walgreens Health Initiatives, a foreign third party administrator. The home
office is Deerfield, Illinois.
Application for admission to Texas of Ancillary Care Management, Inc.,
a foreign third party administrator. The home office is Wilmington, Delaware.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Matt Ray, MC 107-1A,
333 Guadalupe, Austin, Texas 78701.
TRD-200304449
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: July 23, 2003
Instant Game Number 376 "10 Times the Money"
1.0 Name and Style of Game.
A. The name of Instant Game No. 376 is "10 TIMES THE MONEY". The play style
in Game 1 is "key number/symbol match". The play style in Game 2 is "match
three". The play style in Game 3 is "row, column, diagonal". The play style
in Game 4 is "key number/symbol match". The play style in Game 5 is "key number/symbol
match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 376 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 376.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, $1.00, $2.00, $5.00, $10.00, $15.00, $20.00,
$50.00, $100, $250, $500, $1,000, $10,000, $25,000, $100,000, $250,000, 10X
SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
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 $10.00, $15.00, $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, $250, $500.
I. High-Tier Prize - A prize of $1,000, $10,000, $250,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A thirteen (13) digit number consisting of the
three (3) digit game number (376), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 074 within
each pack. The format will be: 376-0000001-000.
L. Pack - A pack of "10 TIMES THE MONEY" Instant Game tickets contain 75
tickets, which are packed in plastic shrink-wrapping and fanfolded in pages
of one (1). The packs will alternate. One will show the front of ticket 000
and back of 074 while the other fold will show the back of ticket 000 and
front of 074.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "10
TIMES THE MONEY" Instant Game No. 376 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 "10 TIMES
THE MONEY" Instant Game is determined once the latex on the ticket is scratched
off to expose 54 (fifty-four) play symbols. In Game 1, if the player matches
the Winning Number to any of the Your Numbers, the player will win the prize
shown for that matching number. If the player gets a 10X symbol, the player
will win 10 times the prize shown below the 10X symbol. In Game 1, Your Numbers
is defined as the numbers appearing above the prize amounts in the play area.
Game 2, if the player matches three identical amounts, the player will win
that amount. If the player matches 2 identical amounts and also gets a 10X
symbol, the player will win 10 times the matched amount. In Game 3, if the
player gets three identical amounts in a row, column or diagonal, the player
will win that amount. If the player gets 2 identical amounts and a 10X symbol
in a row, column or diagonal, the player will win 10 times that amount. In
Game 4, if the player matches the Winning Number to any of the Your Numbers,
the player will win the prize shown. If the player gets a 10X symbol the player
will win 10 times the prize shown under the 10X symbol. In Game 4, Your Numbers
is defined as the numbers appearing above the prize amounts in the play area.
In Game 5, if the player matches the Winning Number to any of the Your Numbers,
the player will win the prize shown. If the player gets a 10X symbol the player
will win 10 times the prize shown under the 10X symbol. In Game 5, Your Numbers
is defined as the numbers appearing above the prize amounts in the play area.
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 54 (fifty-four) 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 54 (fifty-four)
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 54 (fifty-four) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 54 (fifty-four) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. Although not all prize symbols can be won in each game, all prize symbols
may be used in non-winning locations.
C. Game 1 & 4: No duplicate Your Numbers play symbol in a Game.
D. Game 1 & 4: No duplicate non-winning prize symbol in a Game.
E. Game 1 & 4: The "10X" symbol will only appear in winning Games according
to the prize structure.
F. Game 2: No more than 2 pairs of like play symbols in this Game.
G. Game 2: No four or more like play symbols in this Game.
H. Game 2: The "10X" symbol will appear according to the prize structure
and will only appear once in this Game.
I. Game 2: When the "10X" symbol appears in a winning Game, there will
be no more than two like play symbols in this Game.
J. Game 3: No occurrence of three amounts in a row, column or diagonal
except on intended winning Games.
K. Game 3: The "10X" symbol will only appear in winning Games according
to the prize structure.
L. Game 5: No duplicate Winning Numbers in a Game.
M. Game 5: No duplicate Your Numbers play symbols in a Game.
N. Game 5: No duplicate non-winning prize symbol in a Game.
O. Game 5: The "10X" symbol will only appear in winning Games according
to the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim an "10 TIMES THE MONEY" Instant Game prize of $10.00, $15.00,
$20.00, $50.00, $100, $250, or $500, a claimant shall sign the back of the
ticket in the space designated on the ticket and present the winning ticket
to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the
claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $100, $250, 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 an "10 TIMES THE MONEY" Instant Game prize of $1,000, $10,000,
or $250,000, 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 an "10 TIMES THE MONEY" 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 "10 TIMES
THE MONEY" 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 "10 TIMES THE MONEY" 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 therefore.
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 4,083,075
tickets in the Instant Game No. 376. 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. 376 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. 376,
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-200304338
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 17, 2003
Notice of Administrative Hearing
Wednesday, August 20, 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
vs. CRG Holding, LLC dba Cavco Home Center to hear alleged violations of §6B(d)
and §6B(e) (currently found at §1201.256(d) of the Occupations Code), §7(j)(3)
(currently found at §1201.551(a)(3) of the Occupations Code), §8(b)
(currently found at §1201.455(a) of the Occupations Code), §8(d)
(currently found at §1201.451 of the Occupations Code), §14(m) (currently
found at §1201.361 of the Occupations Code), and §18(b) (currently
found at §1201.603(a) of the Occupations Code) of the Act and §80.50(e)
and §80.123(b) of the Rules by not having the consumer sign or deliver
the Wind Zone notice to consumer at the time consumers agreed to purchase
the home, by selling a used manufactured home without giving a written warranty
that the home was habitable, by selling/negotiating to sell a home which was
not situated on a licensed sales location, by selling a used manufactured
home without the appropriate, timely transfer of a good and marketable title,
and by selling a used manufactured home without giving the home owner a written
warranty that the installation of the home was done in accordance with all
standards, rules, regulations, administrative orders, and requirements of
the Division.
SOAH 332-03-3863. Department MHD2003001083-DT.
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3578, jhicks@tdhca.state.tx.us
TRD-200304403
Timothy K. Irvine
Executive Director
Manufactured Housing Division
Filed: July 22, 2003
Correction of Error
In the July 18, 2003, issue of the
Texas Register,
the Texas Board of Pardons and Paroles proposed amendments to 37 TAC §141.60
and §141.61. The telephone number published at the end of the notice
on page 5647 is incorrect. The correct telephone number for more information
is (512) 406-5458.
TRD-200304442
Notice of Application for Certificate of Convenience and Necessity in Crane and Upton Counties, Texas
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on July 2, 2003, for a certificate of convenience
and necessity (CCN) in Crane and Upton counties, Texas.
Docket Style and Number: Joint Application of LCRA Transmission Services
Corporation and AEP Texas North Company for a CCN to add a Second 138-kV Circuit
to an Existing Transmission Line in Crane and Upton Counties. Docket Number
27762.
The Application: LCRA Transmission Services Corporation (the Corporation)
and AEP Texas North Company (AEP Texas North) filed an application for a CCN
to construct a second 138-kV circuit on an existing transmission line stretching
from the Corporation's North McCamey Switching Station to a cut-in point approximately
25 miles north of the North McCamey Switching Station. The Corporation proposes
to own this circuit while AEP Texas North will operate and maintain the facilities
under a multi-year agreement.
This project stretches from approximately one mile north of the City of
McCamey to approximately two miles east of the City of Crane. The proposed
route originates at the existing North McCamey Switching Station and extends
northwest, crossing to the west side of US 385 approximately 4.0 miles northwest
of the intersection of US 385 and US 67 in McCamey. The route continues into
Crane County where it then crosses back to the east side of US 385 and back
into Upton County. Then the route angles north around King Mountain and continues
a northerly course just east of the boundary line separating Crane and Upton
counties, crossing State Highway 329 approximately 2.3 miles east of its intersection
with US 385 in Crane before terminating at the cut-in point.
The costs for this proposed transmission facilities project is estimated
at $6,137,363.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by August 18, 2003, 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 use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 27762.
TRD-200304330
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 17, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on July 2, 2003, for a certificate of convenience
and necessity (CCN) in Crane, Crockett, and Upton counties, Texas.
Docket Style and Number: Joint Application of LCRA Transmission Services
Corporation and AEP Texas North Company for a CCN to add a Second 138-kV Circuit
to an Existing Transmission Line in Crane, Crockett, and Upton Counties. Docket
Number 27764.
The Application: LCRA Transmission Services Corporation (the Corporation)
and AEP Texas North Company (AEP Texas North) provide this notice of intent
to secure a CCN to construct a second 138-kV circuit approximately 10 miles
in length on an existing transmission line stretching from the Corporation's
North McCamey Switching Station to the AEP Texas North Rio Pecos Substation.
The Corporation proposes to own this circuit while AEP Texas North will operate
and maintain the facilities under a multi-year agreement.
This project originates at the North McCamey Switching Station, located
approximately one mile north of the City of McCamey and extends approximately
9.67 miles southwest to the Rio Pecos Substation. The proposed route crosses
County Road 475 approximately 0.1 mile north of its intersection with US 385,
continuing in a southwesterly direction. The route then crosses US 385 approximately
1.2 miles north of the intersection of US 385 and US 67 in McCamey, and continues
its southwesterly path to terminate at the Rio Pecos Substation.
The costs for this proposed transmission facilities project is estimated
at $4,438,050.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by August 18, 2003, 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 use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 27764.
TRD-200304331
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 17, 2003
On July 17, 2003, C2C Fiber, Inc. filed an application with the Public
Utility Commission of Texas (commission) to relinquish its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60193. Applicant intends to relinquish its certificate.
The Application: Application of C2C Fiber, Inc. for an Amendment to its
Service Provider Certificate of Operating Authority, Docket Number 28143.
Persons wishing to comment on 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
August 6, 2003. 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.
All comments should reference Docket Number 28143.
TRD-200304388
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 21, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on July 21, 2003, for waiver of denial
by North American Numbering Plan Administrator (NANPA) of applicant's request
for NXX codes.
Docket Title and Number: Application of Fort Bend Telephone Company (FBTC)
for Waiver of Denial by NANPA of NXX Code Request in the Katy Rate Center.
Docket Number 28159.
The Application: A customer of FBTC, the Katy Independent School District
(KISD), has requested that FBTC provide ten (10) 1000 number blocks for use
with Primary Rate Interface circuits installed recently. FBTC stated that
its existing telephone resources cannot satisfy its customer's specific need
for blocks of 1000 sequential numbers available within the Katy Central Office
and it is unable to use numbers from another switch to satisfy the customer's
request. The NANPA denied FBTC's request based on practices designed to prohibit
acquisition of unneeded numbering resources. FBTC asks that the Commission
waive the NANPA's denial of FBTC's NXX assignment request and direct NANPA
to provide FBTC the ten (10) thousands-blocks in the Katy rate center as requested.
Persons wishing 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
August 11, 2003. 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.
All comments should reference Docket Number 28159.
TRD-200304436
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 23, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on July 3, 2003, for approval to change
rates for wholesale transmission service.
Docket Title and Number: Application of City of Garland to Change Rates
for Wholesale Transmission Service, Docket Number 28090.
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
August 4, 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 28090.
TRD-200304419
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 22, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on July 14, 2003, to relinquish 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 MidState Telecommunications to
Relinquish its Service Provider Certificate of Operating Authority, Docket
Number 28011 before the Public Utility Commission of Texas.
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
August 6, 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 28011.
TRD-200304323
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 16, 2003
On July 15, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Netspan Corporation doing business as Foremost Telecommunications,
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 28131. 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
28131. 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 August 15, 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 28131.
TRD-200304325
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 16, 2003
On July 16, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Starlight Phone, 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 28133. 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
28133. 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 August 18, 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 28133.
TRD-200304334
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 17, 2003
On July 16, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Spruce Communications, LP, 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 28134. 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
28134. 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 August 18, 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 28134.
TRD-200304335
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 17, 2003
On July 16, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Pathway Com-Tel, Incorporate, 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 28135. 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
28135. 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 August 18, 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 28135.
TRD-200304336
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 17, 2003
On July 16, 2003, Southwestern Bell Telephone, LP doing business as Texas
and Nextel of Texas, 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 28136. 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
28136. 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 August 18, 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 28136.
TRD-200304337
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 17, 2003
On July 17, 2003, Teleport Communications Houston, Inc. and Southwestern
Bell Telephone, LP doing business as SBC Texas, 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 28145. 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
28145. 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 August 19, 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 28145.
TRD-200304420
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 22, 2003
On July 17, 2003, AT&T Communications of Texas, LP and Southwestern
Bell Telephone, LP doing business as SBC Texas, 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 28146. 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
28146. 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 August 19, 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 28146.
TRD-200304421
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 22, 2003
On July 17, 2003, TCG Dallas and Southwestern Bell Telephone, LP doing
business as SBC Texas, 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 28147.
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
28147. 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 August 19, 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 28147.
TRD-200304422
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 22, 2003
On July 15, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and IntraLinc, 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 28124. 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 28124. 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
August 15, 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 28124.
TRD-200304324
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 16, 2003
On July 21, 2003, Metro Teleconnect Companies, Inc. and Valor Telecommunications
of Texas, LP, 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 28161. 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 28161. 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
August 21, 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 28161.
TRD-200304423
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 22, 2003
On July 21, 2003, Advantage Communications, Inc. and Kerrville Telephone
Company, 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 28162. 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 28162. 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
August 21, 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 28162.
TRD-200304424
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 22, 2003
The Public Utility Commission of Texas (commission) will hold a workshop
regarding amendments to §25.471, relating to General Provisions of Customer
Protection Rules; §25.472, relating to Privacy of Customer Information; §25.477,
relating to Refusal of Electric Service; §25.478, relating to Credit
Requirements and Deposits; §25.485, relating to Customer Access and Complaint
Handling; §25.491, relating to Record Retention and Reporting Requirements;
and §25.492, relating to Non-Compliance with Rules or Orders; Enforcement
by the Commission on Wednesday, August 13, 2003, at 9:00 a.m. in the Commissioners'
Hearing Room, located on the 7th floor of the William B. Travis Building,
1701 North Congress Avenue, Austin, Texas 78701. Project Number 27084, PUC
Rulemaking to Revise Customer Protection Rules, has been established for this
proceeding.
The commission requests that interested parties submit recommendations
on amendments to the rule language that accomplishes the following goals:
ensure that the rules provide adequate and appropriate protections for retail
customers, while not requiring retail electric providers (REPs) to incur unnecessary
compliance costs.
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 August 6, 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-200304389
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 21, 2003
Request for Proposals for Medically Underserved Community-State Matching Incentive Program
The Office of Rural Community Affairs (ORCA) is issuing a Request for Proposals
("RFP") for the Medically Underserved Community-State Matching Incentive Program.
The purpose of this RFP is to provide the applicant with the information necessary
to apply for matching state grant funds under the provisions of this program.
The purpose of this program is to increase the number of physicians providing
primary care in medically underserved communities, particularly rural.
USE OF FUNDS: The funds can be used to establish a medical office and ancillary
facilities for diagnosing and treating patients. The optimum use of funds
would be for the purchase of equipment and furnishings that would establish
a new practice site. The site will continue to serve the primary care needs
of the community beyond the grant period, and the physician will agree to
practice for a minimum of two years.
AMOUNT OF AWARDS: The funding available for support of this program during
FY 2004 is $250,000. Approximately 10 projects will be funded. Under the requirements
of this program the state grants funds of up to $25,000 to match the contributions
by community groups to cover start-up costs for new physicians.
ELIGIBLE APPLICANTS: An eligible community must be in an underserved area
as determined by the U.S. Department of Health and Human Services or the Texas
Department of Health. The community must make a commitment of $15,000 - $25,000
in contributions toward the project and contract with a physician eligible
to participate in this program.
Eligible physicians include those in family/general practice, general pediatrics,
general internal medicine, or general obstetrics/gynecology. The physician
must be licensed to practice in the State of Texas, have completed an accredited
residency program, and have contracted with the community to provide full-time
primary care for at least two years. A physician who completed residency within
the last ten years will be given priority consideration.
EVALUATION AND SELECTION: ORCA will prioritize the eligible communities
to assure that the neediest are provided grants. The prioritization process
will quantify indicators of need that may include, but are not limited to,
the following: no practicing primary care physicians; only one primary care
physician and a population of at least 2,000; no federally or state-funded
primary care clinic; no practicing physician assistants or nurse practitioners;
the participating physician will be the only physician practicing in one of
the primary care specialties; a large minority population, if the participating
physician is a member of the same minority group; designation by the United
States Department of Health and Human Services as a primary care Health Professional
Shortage Area (HPSA) for at least the last five years; a population-to-primary
care provider ratio in the top 25% of all counties in the state; poverty rates
above the state average; and median family incomes at least 25% below the
state average.
DEADLINE: Applications are available September 1, 2003. Completed applications
are due by May 31, 2004. Announcement of the selected applicants will be made
by July 31, 2004.
CONTRACT PERIOD: The budget period for applications funded under this RFP
will be September 1, 2004 - August 31, 2005.
CONTACT PERSON: To obtain the application, please contact: David Darnell,
Program Administrator, Office of Rural Community Affairs, P.O. Box 12877,
Austin, Texas 78711, (512) 936-6701, e-mail: ddarnell@orca.state.tx.us.
TRD-200304342
Robt. J. "Sam" Tessen
Executive Director
Office of Rural Community Affairs
Filed: July 17, 2003
The Office of Rural Community Affairs (Office) is issuing a Request for
Proposal (RFP) for the Rural Health Network Grant. This RFP serves as the
program guide for this grant program.
PROGRAM PURPOSE
The purpose of the Network Grant Program is to support collaborative efforts
among rural healthcare organizations and other community entities in improving
access to or quality of essential healthcare and emergency medical services
that meet local needs.
AWARD AMOUNT
Funds for the Network Grant is made available through the Rural Medicare
Hospital Flexibility (Flex) Program. The Office will award up to $40,000 per
network that has been selected for funding, but will pay for actual costs
of the project up to this cap. The grant requires a 20% match of the total
funds requested, which may be cash or in-kind and which may be contributed
by any member of the network. If an applicant can show hardship in meeting
the match, the Office may reduce or waive the matching requirement.
USE OF FUNDS
Generally, funds should be used to support staff and contractual or professional
services for the development and benefit of the network. Up to $5,000 of the
total grant awarded may be used for capital investment. Funds may not be used
to purchase, construct, or renovate facilities, or purchase vehicles. Funds
may not be used to provide direct patient care.
ELIGIBILITY REQUIREMENTS
All Critical Access Hospitals (CAH) in Texas are eligible to apply for
funding. If not a CAH, the applicant must be a public or private, nonprofit
organization located in a non-metropolitan statistical area (non-MSA), as
defined by the Office of Management and Budget (OMB), or in a county with
a population density less than 225 persons per square mile and in city with
a population of 10,000 or less. For this RFP, "rural" refers to OMB's non-MSA
designation and "urban" refers to the MSA designation.
The applicant must be a member of a rural health network. For this grant
program, a rural health network is defined as an organizational arrangement
among healthcare organizations, providers, and other community entities that
uses the shared resources of its members and specifies the goals, objectives,
responsibilities, and methods by which various collaborative functions will
be achieved and sustained. A network must consist of at least three separately
owned, legal entities; at least one member of the network must be a designated
CAH.
Horizontal networks (all members are the same type of organization) and
vertical networks (members are different types of organizations) are eligible.
Network members can be public, private, nonprofit, for-profit, rural, or urban-based
or affiliated entities. However, for-profit and urban-based or affiliated
entities are not eligible to receive funding as the applicant organization.
Only CAHs and rural, nonprofit organizations are eligible to receive funding.
The applicant is responsible for managing the direction of the funded project;
controlling the planning, administrative, and financial management processes;
and hiring staff, if needed.
Networks may cross county boundaries or other political jurisdictions.
The proposed project or program of each network, however, must involve a rural
rational service area. Network members must enter into a memorandum of agreement
or other collaborative agreement.
APPLICATION DEADLINE Applications must be received by the Office by close
of business day (5:00 P.M., CST) August 15, 2003 to be considered for funding
PROGRAM CONTACT
To obtain the RFP and application, please contact:
Quang Ngo
CAH/Flex Program Coordinator
Office of Rural Community Affairs
1700 North Congress, Suite 220
E-mail: qngo@orca.state.tx.us
Or visit our website: www.orca.state.tx.us
TRD-200304341
Robt. J. "Sam" Tessen
Executive Director
Office of Rural Community Affairs
Filed: July 17, 2003
Notice of Availability of the Texas State Plan
On August 1, 2003, the Secretary of State made available for public inspection
the Preliminary State Plan for the State of Texas. The State Plan outlines
how Texas will comply with the requirements of the federal Help America Vote
Act of 2002, and how it will use grants from the federal government to achieve
this goal. The Preliminary State Plan was developed with the guidance of the
HAVA Advisory Committee, comprised of voter advocates, election officials
and other interested stakeholders. The HAVA advisory committee met three times
to discuss the plan and take public testimony. Interested individuals or groups
may access a copy of the Preliminary State Plan on the Texas Secretary of
State's website at www.sos.state.tx.us or by contacting Shameika Center in
the Elections Division of the Office of the Secretary of State at (800) 252-8683.
A 30-day comment period is provided, which will expire on August 31, 2003.
Any comments must be submitted, in writing, to the Elections Division no later
than August 31, 2003. Comments can be submitted to Shameika Center at scenter@sos.state.tx.us
or by fax to (512) 475-2811.
TRD-200304441
Geoffrey S. Connor
Assistant Secretary of State
Office of the Secretary of State
Filed: July 23, 2003
TRD-200304440
Geoffrey S. Connor
Assistant Secretary of State
Office of the Secretary of State
Filed: July 23, 2003
Notice of Award
In accordance with Government Code, Chapter 2254, Subchapter B, the Texas
Department of Transportation publishes this notice of a consultant contract
award for providing scope development and contract negotiation counsel to
TxDOT's Information Systems Division. The request for proposal for Information
Systems Division Outsourcing Contract Support was published in the
Texas Register
on April 18, 2003 (28 TexReg 3397).
The consultant will work with TxDOT's Information Systems Division to develop
a detailed statement of work that defines TxDOT mainframe and production UNIX
operating requirements. Further, the consultant will provide advice and guidance
during contract negotiations with Northup Grumman, the operator of the West
Texas Disaster Recovery and Operations Center. The work provided under this
contract will provide information for the next phase of the Mainframe Location
Project, which ultimately will determine whether the best interests of the
state will be served by outsourcing the mainframe and production UNIX elements.
The selected consultant for these services is Allied Consultants, Inc.,
West Avenue, Austin, Texas 78701. The total value of the contract is $85,800.00.
The contract work period started on July 25, 2003, and will continue until
October 31, 2003.
TRD-200304405
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 22, 2003
Pursuant to 43 TAC §2.43, the Texas Department of Transportation (TxDOT)
is issuing this notice to advise the public that an Environmental Impact Statement
(EIS) will be prepared for a proposed project for improvements in the US 290
corridor in Harris County, Texas. The EIS is authorized pursuant to the Texas
Transportation Commission Minute Order No. 104908 issued January 26, 1995.
TxDOT, in cooperation with the Federal Highway Administration (FHWA), is
considering improvements in the US 290 corridor from IH 610 to FM 2920, a
distance of approximately 38 miles (including the Hempstead Highway corridor
and the connections to the IH 610 West Loop). The project is in Harris County,
Texas, primarily within the city limits of Houston, although the corridor
also extends into Jersey Village and the smaller communities of Cypress, Hockley,
and Waller. A Major Investment Study (MIS) for the project was completed in
2003. The MIS evaluated modal and configuration alternatives for improvements
within the study corridor and recommended a locally preferred multi-modal
configuration to meet the corridor's transportation needs, while minimizing
impacts to the surrounding environment.
The alternatives studied in the EIS will be variations of the multi-modal
configurations suggested in the US 290 Corridor Major Investment Study. The
proposed alternative includes general-purpose lanes, managed lanes (possibly
toll), and a reserve for advanced high-capacity transit (light rail/bus rapid
transit). The EIS will evaluate alternative alignments for potential impacts
from construction and operation of the proposed roadway including, but not
limited to, the following: transportation impacts (construction detours, construction
traffic, mobility improvement and evacuation improvement), air, and noise
impacts from construction equipment and operation of the facilities, water
quality impacts from construction area and roadway storm water runoff, impacts
to waters of the United States including wetlands from right-of-way encroachment,
impacts to historic and archeological resources, impacts to floodplains, and
impacts and/or potential displacements to residents and businesses.
To ensure that the full range of issues relating to this proposed action
are addressed, a series of public scoping meetings will be held from 6 to
9 p.m., as follows:
August 25, 2003 at Jersey Village High School (7600 Solomon, Houston, Texas
77040)
August 26, 2003 at Wainwright Elementary School (5330 Milwee, Houston,
Texas 77092)
August 27, 2003 at Ault Elementary School (21010 Maple Village Drive, Cypress,
Texas 77429).
The purpose of the public scoping meetings will be to request comments
and identify issues to be considered during evaluation of alignment alternatives
and preparation of the EIS. All interested citizens are encouraged to attend
these meetings. During the open house meetings, displays showing the project
area and other project information will be presented and staff will be available
to answer questions. In addition, a public hearing will be held in the future.
Public notice will be given of the time and place of future public meetings
and the public hearing. The Draft EIS will be available for public and agency
review and comment prior to the public hearing.
Persons who have special communication or accommodation needs, and who
plan to attend the public meeting are asked to call (713) 802-5071 at least
two business days prior to the meeting so that accommodations may be made.
Appropriate federal, state and local agencies, and private organizations
and citizens who have previously expressed or are known to have interest in
this proposal will be sent letters describing the proposed action and soliciting
comments.
To ensure that the full range of issues related to this proposed action
are addressed and all significant issues identified, comments and suggestions
are invited from all interested parties. Comments or questions concerning
this proposed action and the EIS should be directed to TxDOT at the following
address:
Agency Contact: Dianna Noble, P.E., Texas Department of Transportation,
Environmental Affairs Division, 118 East Riverside Drive, Austin, Texas 78704;
phone (512) 416-2734.
TRD-200304404
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 22, 2003
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative
Code, §30.209, the Texas Department of Transportation conducts public
hearings to receive comments from interested parties concerning proposed approval
of various aviation projects.
For information regarding actions and times for aviation public hearings,
please go to the following web site:
http://www.dot.state.tx.us
Click on Aviation, click on Aviation Public Hearing. Or, contact Karon
Wiedemann, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512)
416-4520 or 1-800-68-PILOT.
TRD-200304406
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 22, 2003
Self-Employed Persons Revised 2003 Tax Chart
Texas Building and Procurement Commission
Coastal Coordination Council
Comptroller of Public Accounts
Notice of Request for Proposals
Office of Consumer Credit Commissioner
Deep East Texas Council of Governments
Texas Education Agency
Request for Applications (RFA) Concerning State Engineering and Science Recruitment (SENSR) Fund, 2003-2004
Texas Commission on Environmental Quality
Invitation to Comment-Draft July 2003 Update to the Water Quality Management Plan for the State of Texas
Notice of Amendment to the Air Quality Standard Permit for Hot Mix Asphalt Plants
Notice of Amendments to the Air Quality Standard Permit for Concrete Batch Plants
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Quality Applications
Proposal for Decision
Texas Ethics Commission
Texas Department of Health
Notice of Agreed Order with URI, Inc.
Notice of Emergency Cease and Desist Order on Texas Foot Consultants
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Rafael Flores, Jr.
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Texas Tech University Health Sciences Center
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Weslaco Radiology Center, Inc.
Texas Health and Human Services Commission
Notice of Proposed Nursing Facility Payment Rate for the Pediatric Care Facility Special Reimbursement Class
Notice of Public Hearing
Notice of Public Hearing
Notice of Public Hearing
Notice of Public Hearing
Notice of Public Hearing
Notice of Public Hearing
Notice of Public Hearing
Notice of Public Hearing
Notice of Public Hearing
Notice of Public Hearing
Notice of Public Hearing
Public Notice
Texas Higher Education Coordinating Board
Texas Department of Human Services
Texas Department of Insurance
Texas Lottery Commission
Manufactured Housing Division
Texas Board of Pardons and Paroles
Public Utility Commission of Texas
Notice of Application for Certificate of Convenience and Necessity in Crane, Crockett, and Upton Counties, Texas
Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Application to Change Rates for Wholesale Transmission Service
Notice of Application to Relinquish a Service Provider Certificate of Operating Authority
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Workshop on Amendments to Customer Protection Rules for Retail Electric Service, §§25.471, 25.472, 25.477, 25.478, 25.485, 25.491, and 25.492
Office of Rural Community Affairs
Request for Proposals for Rural Health Network Grant
Office of the Secretary of State
Preliminary Texas State Plan (.pdf format)
Texas Department of Transportation
Notice of Intent--US 290 Expansion
Public Notice--Aviation