Office of the Attorney General
Texas Water Code Enforcement Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under Texas Water Code §
7.110. Before the State may settle a judicial enforcement action under Chapter
7 of the Texas Water Code, the State shall permit the public to comment in
writing on the proposed judgment. The Attorney General will consider any written
comments and may withdraw or withhold consent to the proposed agreed judgment
if the comments disclose facts or considerations that indicate that the consent
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code.
Case Title and Court:
Harris County, Texas, and
State of Texas v. KB Home Lone Star LP d/b/a KB Home Houston; KBSA, Inc.,
General Partner of KB Home Lone Star LP; and Allgood Construction Company,
Inc.
, Cause No. 2002-05933, in the 127th District Court of Harris County,
Texas
Nature of Defendant's Operations: Defendants KB Home and KBSA are nationwide
homebuilders and developers. Defendant Allgood was the paving contractor for
the construction project in question, a 175-lot subdivision named Westminster
Village located approximately 5800 feet southwest of the intersection of FM
529 and State Highway 6 in Harris County, Texas. Plaintiffs' Petition alleges
that the Defendants failed to comply with erosion-control measures in Harris
County's Storm Water Regulations at the project, resulting in demonstrable
runoff of sediment into adjoining waterways during rain events, violating
the Harris County Storm Water Regulations and the Texas Water Code.
Proposed Agreed Judgment: The Agreed Final Judgment calls for KB Home and
KBSA to pay a civil penalty of $50,000, to be divided evenly between Harris
County and the State of Texas, and attorney's fees of $2,500 to Harris County
and $2,500 to the State. The Judgment calls for Allgood to pay a civil penalty
of $10,000, to be divided evenly between Harris County and the State of Texas,
and attorney's fees of $1,000 to Harris County and $1,000 to the State. The
Judgment also calls for KB Home and KBSA to perform two Supplemental Environmental
Projects related to storm water runoff prevention.
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement should be directed to Burgess
Jackson, Assistant Attorney General, Office of the Texas Attorney General,
P.O. Box 12548, Austin, Texas 78711-2548, (512) 463- 2012, facsimile (512)
320-0911. Written comments must be received within 30 days of publication
of this notice to be considered.
For information regarding this publication, you
may contact A.G. Younger, Agency Liaison, at 512 463-2110.
TRD-200303337
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: May 30, 2003
Request for Proposals for a Program Management Consultant
Contract #HP-146(1)
The Austin San Antonio Intermunicipal Commuter Rail District ("Rail District")
intends to accept proposals for a program management consultant to provide
program management services to assist the Rail District Board of Directors
and interim staff in organizing, establishing and managing its internal affairs
in a manner that enables it to perform its goals and objectives, which include
the receipt and expenditure of federal, state and local funds and developing
a work plan for the study and possible establishment of commuter rail service.
A contract with a project manager will be entered into by the Rail District
in order to perform the powers and duties of the Rail District as set out
in Article 6550c-1 of the Texas Statutes.
Additional details regarding the request for proposal, including the necessary
contents of a response to the request for proposal, may be obtained in person
from
Catherine Robinson
at
(512) 245-2535
or
corridor@itouch.net
.
The contact office for additional information regarding this request for
proposals is
Austin-San Antonio Corridor Council, office
number (512) 245-2535, fax number (512) 245-2540, e-mail address corridor@itouch.net
.
Deadline: Responses to the request for proposal must be received by the
Rail District prior to the deadline of
2:00 p.m. on
July 7, 2003
, in order to be considered by the Rail District.
TRD-200303385
Ross Milloy
President
Austin-San Antonio Intermunicipal Commuter Rail District
Filed: June 4, 2003
Notice of Contract Airline Fares Request for Proposal
The Texas Building and Procurement Commission (TBPC) announces Addendum
#1 to Request for Proposal (RFP) for Contract Airline Fares (Requisition #
303-4-10001, RFP #14-0503AF) to be provided to the State of Texas pursuant
to the Texas Government Code, Section 2171.052. Any contract which results
from this RFP shall be for the term of September 1, 2003, through August 31,
2004.
Inquiries:
Addendum #1 reflects needed revisions
that were identified in the pre-proposal conference held on May 15, 2003,
and written responses to inquiries received by May 19, 2003. A summary of
the questions and clarification requests is also available.
Submission of Response to the RFP:
Responses
to the RFP shall be submitted to and received by the TBPC Bid Services Department
on or before 3:00 p.m., Central Daylight Time, on June 20, 2003, and shall
be delivered or sent to: The Texas Building and Procurement Commission, Attn:
Bid Services, Requisition # 303-4-10001, RFP #14-0503AF, 1711 San Jacinto
Blvd., Room 180, Austin, Texas 78701, or P.O. Box 13047, Austin, Texas 78711-3047.
Copies of RFP:
If you are interested in
receiving a copy of the RFP, contact Mr. Ron Hunter, at (512) 463-5773 to
request a copy.
TRD-200303308
Cindy deRoch
General Counsel
Texas Building and Procurement Commission
Filed: May 29, 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(s) during the period of May 16, 2003, through May
22, 2003. The public comment period for these projects will close at 5:00
p.m. on June 27, 2003.
FEDERAL AGENCY ACTIONS:
Applicant: Ridgelake Energy, Inc.; Location: The project is located High
Island Block A-567 "A" to a side-Tap on Green Canyon Pipeline's existing 20"
pipeline located in High Island Block A-552. Project Description: A right-of-way
easement two hundred feet (200') in width for the construction, maintenance,
and operation of a 6-5/8" natural gas and condensate pipeline to be installed
from Ridgelake Energy Inc.'s production platform in High Island Block A-567
"A", OCS-G-17202 Lease, to a side-tap on Green Canyon Pipeline's existing
20" pipeline located in High Island Block A-552, offshore Texas. The proposed
6-5/8" pipeline will be 15,346' (2.91 miles) in length. CCC Project No.: 03-0164-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.
Applicant: Texas Department of Transportation; Location: The project can
be located adjacent to the Queen Isabella Causeway across Laguna Madre and
the Gulf Intracoastal Waterway (GIWW) mile 665.4 west of Harvey Lock, on Park
Road 100, between Port Isabel and South Padre Island, Cameron County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled: Port Isabel,
Texas. Approximate UTM Coordinates: Zone 14; Easting: 680200; Northing: 2885900.
Project Description: The applicant proposes to construct pier protectors for
the Queen Isabella Causeway southwest of the GIWW, adjacent to bents 29 through
34 and southeast of the GIWW adjacent to bents 37 through 41 as noted on the
enclosed plans. The pier protection system at the southwest location will
consist of a series of pile clusters connected by horizontal wales above the
waterline. The wales will also be placed on the northwest side of the bridge.
The proposed pile clusters will begin approximately 190 feet east and west
of the GIWW and will continue for approximately 480 feet. The proposed project
will not affect the existing vertical and horizontal navigational clearances
for the navigation channel through the bridge. CCC Project No.: 03-0165-F1
and 03-0166-F1; Type of Application: U.S.C.G. permit application #CGD8-08-03
for a §9 Bridge Permit and U.S.A.C.E. permit application #22504(02) under §10
of the Rivers and Harbors Act of 1899.
Applicant: Melvin Chaloupka; Location: The project is located on Matagorda
Bay at 1085 Ocean Drive South, Indianola, Calhoun County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: Keller Bay, Texas.
Approximate UTM Coordinates: Zone 14; Easting: 746008; Northing: 3156387.
Project Description: The applicant proposes to retain two breakwater structures
located on the east and west ends of the property, respectively, a groin,
and backfill placed behind the groin, and backfill placed behind the groin.
The structures and backfill area were constructed without prior authorization.
The breakwaters consist of poured concrete and concrete riprap. The western
breakwater structure consists of approximately 37 cubic yards of material,
is 19 feet long, and averages 12 feet in width. The eastern breakwater consists
of approximately 252 cubic yards of material that includes stacks of tractor
tires, and is 50 feet long and 7 feet wide. The groin also consists of tractor
tires, concrete, and riprap. The groin is L-shaped and is 96 feet long on
the north-south side and 51 feet wide (at its widest point) on the east-west
side. The groin, breakwaters, and backfill area cover approximately 5,388
square feet affecting shallow water (-3.5 feet MSL) habitat adjacent to the
Matagorda Bay shoreline. No seagrasses or saltmarsh areas were impacted by
the project. Approximately 415 cubic yards of concrete rubble and soil obtained
from upland locations were used as backfill material. The purpose of the project
is to prevent shoreline erosion and reclaim eroded property. CCC Project No.:
03-0167-F1; Type of Application: U.S.A.C.E. permit application After-the-Fact
#22429 is being evaluated under §10 of the Rivers and Harbors Act of
1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387).
NOTE: The consistency review for this project may be conducted by the Texas
Commission on Environmental Quality as part of its certification under §401
of the Clean Water Act.
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-200303283
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: May 28, 2003
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were deemed administratively complete
for the following projects(s) during the period of May 23, 2003, through May
29, 2003. The public comment period for these projects will close at 5:00
p.m. on July 4, 2003.
FEDERAL AGENCY ACTIONS:
Applicant: Tommy Nolan; Location: The project is located along the Gulf
Intracoastal Waterway, 307 Sailfish Drive, Surfside, Brazoria County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled: Freeport,
Texas. Approximate UTM Coordinates: Zone 15; Easting: 276717; Northing: 3205418.
Project Description: The applicant proposes to construct a marina along the
Gulf Intracoastal Waterway (GIWW). Approximately 19,000 cubic yards of clay
material will be dredged to construct the marina. The basin for the marina
area measures 115 feet by 190 feet. The entrance to the basin measures 60
feet by 80 feet. Approximately 1200 feet of 5 feet wide decking and approximately
100 feet of bulkhead is proposed to be built. Four finger piers, 3 feet by
20 feet, will be built in the mooring area facing the GIWW. Eight piles will
be placed in line, 30 feet from the end of the piers. Three finger piers,
3 feet by 10 feet, will be built on the westerly side of the basin. Six piles
will be placed in line, 15 feet from the end of the piers. On the northerly
side of the basin, two finger piers, 3 feet by 100 feet, and one other pier,
3 feet by 35 feet, will be built. The proposed depth for the harbor is minus
8 feet. All dredging in the entrance and basin will be done "in the dry."
All dredged material will be spread throughout uplands on the existing property.
CCC Project No.: 03-0173-F1; Type of Application: U.S.A.C.E. permit application
#22987 is being evaluated under §10 of the Rivers and Harbors Act of
1899 (33 U.S.C.A. §403.
Applicant: United States Fish and Wildlife Service; Location: The project
is located along an approximate 5-mile stretch of shoreline, in East Bay,
just offshore of the Anahuac National Wildlife Refuge, beginning at the mouth
of Oyster Bayou, and continuing west to Robinson's Bayou, in Chambers County,
Texas. The project can be located on the U.S.G.S. quadrangle maps entitled:
Frozen Point and High Island, Texas. Approximate UTM Coordinates: Zone 15;
(from east to west) Easternmost Segment (Begin Point) Easting: 357184; Northing:
3270565; (End Point) Easting: 356275; Northing: 3270062. Central Segment (Begin
Point) Easting: 354918: Northing: 3269041; (End Point) Easting: 353902; Northing:
3268904. Western Segment (Begin Point) Easting: 352429; Northing: 3268594;
(End Point) Easting: 347964; Northing: 3272302. Project Description: The applicant
proposes to construct three separate breakwater segments. The first two segments
are continuous concrete rubble breakwaters measuring 6,075 feet long and 3,510
feet long, respectively. These continuous breakwaters will involve the discharge
of approximately 8,284 cubic yards of concrete rubble. The breakwater structures
will be rebar-free with the crest built to +0.9 feet North American Vertical
Datum. The crest width of the breakwater will measure 3 feet wide and will
be constructed with a side slope configuration of 1:2. The construction of
the continuous breakwater segments will require the dredging of an access
channel.
The construction access channel will be dredged from the Gulf Intracoastal
Waterway (GIWW) to the mouth of Oyster Bayou where it will turn west, to parallel
the shoreline. The longest segment will require the excavation of approximately
70,000 cubic yards of material that will be re-deposited following construction,
between the shoreline and the breakwater. The shorter segment will require
excavation of an additional 25,000 cubic yards of material to construct the
access channel. The material resulting from the initial dredging effort, originating
at the GIWW, will be sidecast during construction, and re-deposited from the
channel from which it was excavated upon project completion. Water depth at
the site of the proposed breakwaters ranges in depth from -1.5 to -1.7 feet.
No submerged aquatic vegetation will be impacted as a result of the proposed
activity.
A third, non-contiguous breakwater structure will be constructed from Frozen
Point, northwest, to the mouth of Robinsons Bayou, a distance of approximately
18,000 linear feet. This segment will be placed along the shoreline in areas
that have experienced sever erosion. The non-continuous segment will be placed
an average of 20 feet from the shoreline and will require the discharge of
9,500 cubic yards of concrete rubble. The structure will be constructed to
a height of 30 inches above grade and will measure 48 inches wide. For this
segment of shoreline protection, the applicant will plant smooth cordgrass
between the shoreline and the breakwataer. Access to this site will be via
an existing road that runs parallel to the shoreline. An access channel will
not be constructed for this breakwater segment.
The overall effort is designed to reduce shoreline erosion and retreat
along the northern shoreline of East Bay. Currently, erosion is threatening
vegetative communities and habitats located landward of the shoreline.
CCC Project No.: 03-0174-F1; Type of Application: U.S.A.C.E. permit application
#22987 is being evaluated under §10 of the Rivers and Harbors Act of
1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387).
NOTE: The consistency review for this project may be conducted by the Texas
Commission on Environmental Quality as part of its certification under §401
of the Clean Water Act.
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-200303380
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: June 4, 2003
Notice of Contract Award
Pursuant to Section 1201.027, Chapter 2254, Subchapter A, and Chapter 404,
Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller)
announces this notice of contract award.
The Notice of Request for Proposals (RFP #152c) was published in the February
7, 2003, issue of the
Texas Register
(28 TexReg
1261).
The Contractor will advise and assist the Comptroller by providing bond
counsel services in connection with the issuance of Tax and Revenue Anticipation
Notes (Task A).
The contract is awarded to Vinson & Elkins L.L.P., The Terrace 7, 1801
Via Fortuna, Suite 100, Austin, Texas 78746-7568. The total amount of the
contract is estimated at $175,000. The term of the contract is May 22, 2003
thru August 31, 2005.
TRD-200303310
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: May 29, 2003
The Comptroller of Public Accounts, administering agency for the Tax Credit
for Incremental Production Techniques, has determined that the average price
of crude oil, as determined under Tax Code, §202.057(c), has reached
$25 per barrel, adjusted to 1997 dollars, for the months of December 2002,
January 2003 and February 2003.
Pursuant to Tax Code, §202.057(c), the comptroller hereby provides
notice of the suspension of the Tax Credit for Incremental Production Techniques
effective March 1, 2003.
One hundred percent of the taxes shall be collected on the properties eligible
for this tax credit beginning March 1, 2003, and will continue to be collected
until notice of the reinstatement of the tax credit is given.
Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division,
P.O. Box 13528, Austin, Texas, 78711-3528.
TRD-200303358
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Filed: June 3, 2003
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Sections 303.003,
303.005, 303.008, 303.009, 304.003, and 346.101. Tex. Fin. Code.
The weekly ceiling as prescribed by Sec. 303.003 and 303.009 for the period
of 06/02/03 - 06/08/03 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sec. 303.003 and 303.009 for the period
of 06/02/03 - 06/08/03 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by Sec. 303.005 and 303.009
3
for the period of 06/01/03 - 06/30/03 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by Sec. 303.005 and 303.009 for the period
of 06/01/03 - 06/30/03 is 18% for Commercial over $250,000.
The standard quarterly rate as prescribed by Sec. 303.008 and 303.009 for
the period of 07/01/03 - 09/30/03 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The standard quarterly rate as prescribed by Sec. 303.008 and 303.009 for
the period of 07/01/03 - 09/30/03 is 18% for Commercial over $250,000.
The retail credit card quarterly rate as prescribed by Sec. 303.009
The lender credit card quarterly rate as prescribed by Sec. 346.101 Tex.
Fin. Code
1
for the period of 07/01/03 - 09/30/03
is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.
The standard annual rate as prescribed by Sec. 303.008 and 303.009
The standard annual rate as prescribed by Sec. 303.008 and 303.009 for
the period of 07/01/03 - 09/30/03 is 18% for Commercial over $250,000.
The retail credit card annual rate as prescribed by Sec. 303.009
1
for the period of 07/01/03 - 09/30/03 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The judgment ceiling as prescribed by Sec. 304.003 for the period of 06/01/03
- 06/30/03 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.
The judgment ceiling as prescribed Sec. 304.003 for the period of 06/01/03
- 06/30/03 s 10% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
3
For variable rate commercial transactions
only.
4
Only for open-end credit as defined in Sec.
301.002(14), Tex. Fin. Code.
TRD-200303291
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 29, 2003
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Sections 303.003
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 06/09/03 -- 06/15/03 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the
period of 06/09/03 -- 06/15/03 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200303356
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 3, 2003
Application(s) to Expand Field of Membership
Notice of Final Action Taken.
In accordance with the provisions of 7 TAC Section 91.103, the Credit Union
Department provides notice of the final action taken on the following application(s):
Application(s) to Expand Field of Membership - Approved
First Educators Credit Union, Houston, Texas - See
Texas Register
issue dated April 25, 2003.
Application(s) to Amend Articles of Incorporation - Approved
Ameripol Synpol Employees Credit Union, Port Neches, Texas - See
TRD-200303343
Harold E. Feeney
Commissioner
Credit Union Department
Filed: June 2, 2003
Notice of Award
The Texas Department of Criminal Justice publishes this notice of a contract
award to Atlas Universal, 3412 Pinemont, Houston, Texas 77018. Notice of an
invitation for bid for the construction of roofing at the Huntsville Unit,
Huntsville, Texas was published in the February 7, 2003, issue of the
The contract number is 696-FD-3-4-C0085 and the not-to-exceed contract
amount is $598,850.00.
TRD-200303352
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: June 2, 2003
The Texas Department of Criminal Justice publishes this notice of a contract
award to Tetra Tech EM, Inc., 350 N. St. Paul Street, Suite 2600, Dallas,
Texas 75201. Notice of a Request for Qualifications was published in the March
8, 2002, issue of the
Texas Register
(27 TexReg
1903). This contract was awarded in accordance with the requirements in Chapter
2254, Subchapter B, Texas Government Code.
The contract number is 696-FD-3-6-C0064 and the not-to-exceed contract
amount is $750,000.
TRD-200303372
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: June 4, 2003
Request for Proposals
The Texas Commission for the Deaf and Hard of Hearing (TCDHH) is requesting
proposals for new grant awards for Fiscal Year 2004 for projects under the
Direct Services Program and Specialized Telecommunications Assistance Program
(STAP). Projects include: 1) Communication Access Services - Priority DS-04-CAS;
2) Services to Senior Citizens - Priority DS-04-SCP; 3) Hard of Hearing Services
- Priority DS-04-HOH; 4) STAP Outreach and Training Services - Priority STAP-04
Note to Applicants: The estimated funding levels in this notice do not
bind TCDHH to make awards in any of these priorities, or to any specific number
of awards or funding levels.
Contact: Parties interested in submitting a proposal for any of the funding
priorities should contact the Texas Commission for the Deaf and Hard of Hearing,
P.O. Box 12904, Austin, Texas 78711, 512-407-3250 (Voice) or 512-407-3251
(TTY), to obtain a complete copy of the RFP. The RFP is also available for
pick-up at 4800 North Lamar, Suite 100, Austin, Texas 78756 on and after Friday,
June 13, 2003, during normal business hours. The RFP is not available through
fax. The RFP will also be available on the agency website at www.tcdhh.state.tx.us.
Closing Date: Proposals must be received in the Texas Commission for the
Deaf and Hard of Hearing Office, 4800 North Lamar, Suite 100, Austin, Texas
78756 no later than 5 p.m. (CDT), on Monday, July 14, 2003. Proposals received
after this time and date will not be considered.
Award Procedure: All proposals will be subject to evaluation by a review
team using a scoring method based on the evaluation criteria set forth in
the RFP. The review team will determine which proposals best meet the established
criteria and will make selection recommendations for each priority to the
Executive Director, who will then make recommendations to the Commission.
The Commission will make the final decision. Any applicant may be asked to
clarify any information in their proposal, which may involve either written
or oral presentations of requested information. The initial contract awards
could start as early as September 1, 2003.
The Commission reserves the right to accept or reject any or all proposals
submitted. The Texas Commission for the Deaf and Hard of Hearing is under
no legal or other obligation to execute a contract on the basis of this notice
or the distribution of a RFP. Neither this notice nor the RFP commits the
Commission to pay for any costs incurred prior to the award of a contract.
TRD-200303367
David W. Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Filed: June 3, 2003
Notice of Public Hearings
The Texas Interagency Council on Early Childhood Intervention (ECI) proposes
new §621.182, Administration of Family Cost Share System, regarding the
implementation of a system of payments for families, including a sliding fee
scale, for ECI services. The agency's 2004-2005 budget was adjusted based
on the agency receiving additional funds from charging fees to families with
the ability to pay.
The Texas Interagency Council on Early Childhood Intervention (ECI) published
the proposed rules on the ECI website beginning May 14, 2003 and in the
Meeting Date, Time and City Location:
June
10, 2003, 4:00-6:00 p.m. 701 West 51st, Winters Building Austin, Texas 78751,
(512) 424-6754; June 12, 2003, 9:00-12:00 noon 6300 Irvington Houston, Texas
77022, (713) 694-6300; June 23, 2003, 4:00-6:00 p.m. 1628 19th Street, LISD
Administration Building, Room 212, Lubbock, Texas 79401 (806) 766-1172; June
23, 2003, 4:00-6:00 p.m. 429 Belle Grove, First Bank of Canyon Creek Community
Room Richardson, Texas 75080 (972) 490-9055
If you are unable to attend the hearing, you may submit comments by July
11, 2003 by mail, fax, or email as follows: Cindy Martin, Deputy Executive
Director, Texas Interagency Council on Early Childhood Intervention 4900 North
Lamar Austin, Texas 78751, (512) 424-6754 Fax: (512) 424-6749 Email: cindy.martin@eci.state.tx.us
We encourage you to participate in the proposed rule process by mailing
or emailing your comments and/or attending the public hearing. The process
works best when all stakeholders participate. Please feel free to share this
information with other interested stakeholders.
NOTE:
Individuals needing special accommodations
for a disability in order to participate in the meeting (e.g., translation
services, assistive listening devices, materials in alternate format) should
contact ECI (512) 424-6753. Requests for special accommodations are required
at least 3 days prior to the meeting date. The meeting sites are accessible
to individuals with disabilities.
TRD-200303373
Mary Elder
Executive Director
Interagency Council on Early Childhood Intervention
Filed: June 4, 2003
Proposal for Decision
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on May 13, 2003,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. Maral International, Inc., DBA One Stop Food Mart;
SOAH Docket No. 582-03-2439; TCEQ Docket No. 2001-0928-PST-E. The commission
will consider the Administrative Law Judge's Proposal for Decision and Order
regarding the enforcement action against Maral International, Inc., DBA One
Stop Food Mart 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-200303368
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 3, 2003
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on May 9, 2003,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. Addison Enterprises, Inc; SOAH Docket No. 582-03-2641;
TCEQ Docket No. 2001-0265-PST-E. The commission will consider the Administrative
Law Judge's Proposal for Decision and Order regarding the enforcement action
against Addison Enterprises, Inc 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-200303369
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 3, 2003
Notice of Approval of Coastal Boundary Survey--Surfside
Pursuant to §33.136 of the Texas Natural Resources Code, notice is
hereby given that Jerry Patterson, Commissioner of the Texas General Land
Office, approved a coastal boundary survey, submitted by Licensed State Land
Surveyor Sidney Bouse, conducted April 21, 2003, locating the following shoreline
boundary:
The line of Mean Higher High Water for a portion the Gulf of Mexico shoreline
at the Village of Surfside Beach, Brazoria County, Texas. The survey is part
of the southerly shoreline of the Frederick J. Calvit Survey, Abstract 51
and the Branch T. Archer Survey, Abstract 9 of Brazoria County, Texas. This
survey is filed as Article 33.136, Sketch #4, Brazoria County.
For a copy of this survey or more information on this matter, contact Ben
Thomson, Director of the Survey Division, Texas General Land Office by phone
at (512) 463-5212, e-mail ben.thomson@glo.state.tx.us, or fax (512) 463-5098.
TRD-200303383
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: June 4, 2003
Licensing Actions for Radioactive Materials
TRD-200303355
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 3, 2003
On May 12, 2003, the director of the Bureau of Radiation Control (bureau),
Texas Department of Health, approved the settlement agreement between the
bureau and Smithville Hospital Authority, doing business as Smithville Regional
Hospital (registrant-M00488) of Smithville. A total administrative penalty
in the amount of $1,000 was assessed the registrant for violations of 25 Texas
Administrative Code, Chapter 289.
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-200303350
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 2, 2003
The Deputy Administrator of the Drug Enforcement Administration (DEA) issued
a final rule to temporarily place the substances alpha-methyltryptamine (AMT),
its isomers, salts, and salts of isomers, and 5-methoxy-N,N-diisopropyltryptamine
(5-MeO-DIPT), its isomers, salts, and salts of isomers into Schedule I of
the Federal Controlled Substances Act (CSA). AMT and 5-MeO-DIPT have hallucinogenic/stimulant
properties similar to other Schedule I controlled substances. These substances
are offered as legal substitutes for methylenedioxymethamphetamine (MDMA or
Ecstacy) at raves and other social venues. There is no approved therapeutic
use of either AMT or 5-MeO-DIPT in the United States, and the continued abuse
of these substances poses an imminent hazard to public safety.
This action was based on the following:
(1) AMT and 5-MeO-DIPT share substantial chemical and pharmacological similarities
with other tryptamine-based hallucinogens in Schedule I;
(2) AMT and 5-MeO-DIPT have no accepted therapeutic use in the United States
and are not safe for use under medical supervision; and,
(3) AMT and 5-MeO-DIPT have high potentials for abuse, similar to other
tryptamine-based hallucinogens in Schedule I.
Pursuant to §481.034(g), as amended by the 75th legislature, of the
Texas Controlled Substances Act, Chapter 481, Health and Safety Code, at least
31 days have expired since notice of the above referenced action was published
in the Federal Register, and Eduardo J. Sanchez, M.D., M.P.H. in the capacity
as Commissioner of the Texas Department of Health, on May 22, 2003, ordered
that the substances alpha-methyltryptamine (AMT), its isomers, salts, and
salts of isomers, and 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its
isomers, salts, and salts of isomers be added to Schedule I of the Texas Controlled
Substances Act. This amendment will become effective 21 days after the date
of publication of this notice in the
Texas Register
. Schedule I of said Act is hereby amended to read as follows:
SCHEDULE I
Schedule I consists of:
Schedule I opiates* * *
Schedule I opium derivatives* * *
Schedule I hallucinogenic substances
unless specifically excepted or unless listed in another schedule, a material,
compound, mixture, or preparation that contains any quantity of the following
hallucinogenic substances or that contains any of the substance's salts, isomers,
and salts of isomers if the existence of the salts, isomers, and salts of
isomers is possible within the specific chemical designation (for the purposes
of this Schedule I hallucinogenic substances section only, the term "isomer"
includes optical, positional, and geometric isomers):
(1) Alpha-ethyltryptamine (some trade or other names: etryptamine; Monase;
alpha-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-ET; AET);
*(2) alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers;
(3) 4-bromo-2,5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2,5-DMA);
(4) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other names: Nexus;
2C-B; 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB);
(5) 2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine;
2,5-DMA);
(6) 2,5-dimethoxy-4-ethylamphetamine (some trade or other names: DOET);
(7) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical
isomer, salts and salts of isomers;
*(8) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts,
and salts of isomers
(9) 5-methoxy-3,4-methylenedioxy-amphetamine;
(10) 4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
(11) 1-methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (MPTP);
(12) 4-methyl-2,5-dimethoxyamphetamine (some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methyl-phenethylamine;
"DOM"; and "STP");
(13) 3,4-methylenedioxy-amphetamine;
(14) 3,4-methylenedioxy-methamphetamine (MDMA, MDM);
(15) 3,4-methylenedioxy-N-ethylamphetamine (some trade or other names:
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE;
MDEA);
(16) 3,4,5-trimethoxy amphetamine;
(17) N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);
(18) Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine;
mappine);
(19) Diethyltryptamine (some trade and other names: N,N-Diethyltryptamine;
DET);
(20) Dimethyltryptamine (some trade and other names: DMT);
(21) Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1-phenylcyclohexylamine;
(1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)-ethylamine; cyclohexamine;
PCE);
(22) Ibogaine (some trade or other names: 7-Ethyl-6,6-beta, 7,8,9,10,12,13-octhydro-2-methoxy-6,9-methano-5H-pyrido
(1',2':1,2) azepino(5,4-b) indole; taber-nanthe iboga);
(23) Lysergic acid diethylamide;
(24) Marihuana;
(25) Mescaline;
(26) N-ethyl-3-piperidyl benzilate;
(27) N-methyl-3-piperidyl benzilate;
(28) Parahexyl (some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo
(b,d]pyran; Synhexyl);
(29) Peyote, unless unharvested and growing in its natural state, meaning
all parts of the plant classified botanically as
Lophophora
, whether growing or not, the seeds of the plant, an extract
from a part of the plant, and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or extracts;
(30) Psilocybin;
(31) Psilocin;
(32) Pyrrolidine analog of phencyclidine (some trade or other names: 1-(1-phenyl-cyclohexyl)-pyrrolidine,
PCPy, PHP);
(33) Tetrahydrocannabinols;
(34) Synthetic equivalents of the substances contained in the plant
(35) Thiophene analog of phencyclidine (some trade or other names: 1-(1-(2-thienyl)cyclohexyl)-piperidine;
2-thienyl analog of phencyclidine; TPCP); and
(36) 1-(1-(2-thienyl)cyclohexyl) pyrrolidine (some trade or other names:
TCPy);
Schedule I stimulants* * *
Schedule I depressants* * *
Changes to the schedules are designated by an asterisk (*)
TRD-200303349
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 2, 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 Lone Star Beverage, L.L.C., (licensee-G01991)
of Fort Worth. A total penalty of $5,000 is proposed to be assessed the licensee
for alleged violations of 25 Texas Administrative Code, §289.251.
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-200303382
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 4, 2003
The Texas Department of Health (department) will hold a public hearing
to accept public comments on proposed rules at 25 Texas Administrative Code,
Chapter 98, concerning the Texas HIV Medication Program (THMP). These proposed
rules were published in the May 23, 2003, issue of the
Texas Register
(28 TexReg 4041).
The hearing will be held on June 16, 2003, at the Texas Department of Health,
1100 West 49th Street, Austin, Texas, in Room M-739 of the Moreton Building,
from 12:00 p.m. until 3:00 p.m. The department reserves the right to limit
time for public comments.
If you wish to submit written comments, please direct them to: Janet D.
Lawson, M.D. Acting Chief, Bureau of HIV and STD Prevention, 1100 West 49th
Street, Austin, Texas 78756-3199.
TRD-200303348
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 2, 2003
Request for Proposals
The Health and Human Services Commission (HHSC) announces Request for Proposals
(RFP) 529-03-296 for "Automated Information System for Diagnostic Related
Group (DRG) Validation and Recoupment". This RFP is issued to invite potential
contractors to submit proposals to assist HHSC and other state Medicaid agency
staff in controlling Medicaid costs by implementing a system that identifies
and recoups DRG overpayments and patterns and trends of DRG coding errors.
Because HHSC seeks QISV services, the contractor will be selected on the
basis of "best value for purchases of automated information systems" (see
RFP §1.03 and Chapter 2157, Texas Government Code). HHSC will negotiate
a contingency fee arrangement, with payment tied directly to the percentage
of recovered federal and state program dollars. This fee will be a percentage
of the cost savings that are directly attributable to and result from the
implementation of the contractor's system.
The RFP was posted on the Texas Marketplace and on HHSC's website on May
20, 2003. Interested parties may view the RFP on HHSC's website at: http://www.hhsc.state.tx.us,
under the "Texas Medicaid Program" link.
HHSC will provide printed copies of the RFP or further information concerning
the RFP only to those specifically requesting it.
The HHSC Project Manager for the project is:
Charlotte Dokes, HHSC Office of Investigations and Enforcement, 206 East
9th Street, Austin, Texas 78701, Telephone: (512) 482-3286, Charlotte.dokes@hhsc.state.tx.us
To be considered, all proposals must be received at the foregoing address
on or before 5:00 p.m., local time, on June 20, 2003. Proposals received after
this time will not be considered.
The selected contractor will be expected to begin performance of the contract
on or about August 1, 2003.
Evaluation and Award Procedure: All proposals will be subject to evaluation
based on the evaluation criteria and procedures set forth in the RFP. HHSC
reserves the right to accept or reject any or all proposals submitted. HHSC
is under no legal or other obligation to execute any contracts on the basis
of this notice, and the award of a contract is conditioned upon the receipt
of a finding of fact from the Governor's Office. HHSC shall pay for no costs
incurred by any entity in responding to this RFP.
The anticipated schedule of events is as follows:
(1) Issuance of RFP - May 20, 2003;
(2) Deadline for submitting questions concerning the RFP - 5:00 p.m., May
30, 2003;
(3) Deadline for submitting proposals -- 5:00 p.m., June 20, 2003;
(4) Contract execution - on or before August 1, 2003;
(5) Commencement of Project activities - August 1, 2003, or as soon thereafter
as practical.
TRD-200303379
Steve Aragon
General Counsel
Texas Health and Human Services Commission
Filed: June 4, 2003
Notice of Consultant Contract Award
Pursuant to the provisions of Government Code, Chapter 2254, the North
Central Texas Council of Governments publishes this notice of consultant contract
award. The consultant proposal request appeared in the August 2, 2002 issue
of the Texas Register (27 TexReg 6899). The selected consultant will perform
technical and professional work for rail planning and public participation.
One of the consultants selected for this project is URS Corporation, 1225
17th Street, Denver, Colorado. The maximum amount of this contract is $400,000.
Issued in Arlington, Texas on May 30, 2003.
TRD-200303331
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: May 30, 2003
Public Notice
NOTICE OF AVAILABILITY AND REQUEST FOR COMMENTS ON A DRAFT RESTORATION
PLAN/ENVIRONMENTAL ASSESSMENT AND TEXAS COASTAL MANAGEMENT PLAN CONSISTENCY
DETERMINATION RELATED TO THE T/T BERGE BANKER AND M/T SKAU BAY OIL SPILL
AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Commission
on Environmental Quality (TCEQ), Texas General Land Office (GLO) and the National
Parks Service (NPS) and U.S Fish and Wildlife Service (USFWS) on behalf of
the Department of the Interior (DOI), collectively, the Natural Resource Trustees.
ACTION: Notice of availability of a proposed Draft Restoration Plan and
Environmental Assessment, the Federal Consistency Determination for this Plan
under the Texas Coastal Management Program (TCMP), and a thirty (30) day period
for public comment on the Plan and the Federal Consistency Determination beginning
the date of publication of this notice.
SUMMARY: Notice is hereby given that a document entitled "SKAUBAY / BERGE
BANKER Oil Spill- Draft Restoration Plan/Environmental Assessment" (Draft
RP/EA) is available for public review and comment. This document presents
restoration actions which the Natural Resource Trustees propose to implement
to restore or enhance natural resources and the services that they provided
that were injured or lost due to the February 5, 1995 oil spill resulting
from the collision of the T/T Berge Banker and M/T Skaubay in the Gulf of
Mexico off Galveston, Texas. The document also describes the process followed
by the Trustees to evaluate appropriate restoration alternatives and select
the recommended alternatives identified in the plan. These recommended alternatives
are proposed for implementation using funds recovered by the Trustees as part
of a December 1999 settlement of natural resource damages claims associated
with the oil spill. The funds are required by law to be spent to benefit natural
resources and associated resource services injured, destroyed or lost as a
result of the spill.
The opportunity for public review and comment on the proposed Restoration
Plan announced in this notice is required under the Oil Pollution Act 33 U.S.C.
2706(c)(5), and parallels provisions of 15 CFR 990.14 (d) and 990.55 of the
federal Natural Resource Damage Assessment regulations.
The Federal Consistency Determination for this Draft RP/EA outlines the
basis for DOI’s determinations that the restoration actions described
in the Draft RP/EA are consistent to the maximum extent possible, and will
be undertaken in a manner consistent with, the applicable policies of the
Texas Coastal Management Plan (TCMP). Under federal law, federal agency activities
and actions affecting the Texas coastal zone must be consistent with the goals
and policies of the TCMP identified in 31 Texas Administrative Code (TAC)
Chapter 501. Under 31 TAC Section 506.2(c), a determination of consistency
with the TCMP must be made by the federal trustees for natural resource damage
assessment and restoration plans that are the product of a joint cooperative
natural resource damage assessment by state and federal trustees. Review of
the Federal Consistency Determination is delegated to the State Trustee agencies
(TPWD, TCEQ and the GLO). The State Trustees will consider all comments received
during the public comment period in their evaluation of the Federal Consistency
Determination for the Draft RP/EA and will, depending on the comments received,
submit a letter of concurrence to the Federal Trustees.
Interested members of the public are invited to request a copy of the Draft
RP/EA from: Don Pitts, Resource Protection Division, Texas Parks & Wildlife
Department, 4200 Smith School Road, Austin Texas 78744, (512) 912-7156, Fax
(512) 912-7160.
DATES: Comments must be submitted in writing within 30 days of publication
of this notice to Don Pitts of the Texas Parks and Wildlife Department at
the address listed in the previous paragraph. The Trustees will consider all
written comments received during the 30-day comment period prior to finalizing
the Draft RP/EA.
SUPPLEMENTAL INFORMATION: On February 5, 1995, two Norwegian tankers, the
T/T Berge Banker and the M/T Skaubay, owned and operated by Bulk Transport
LTD of Bermuda ("Bulk Transport") and SPT Marine Inc. (SPT Marine"), respectively,
collided in the Gulf of Mexico while preparing to transfer fuel oil, causing
a discharge of approximately 845 barrels (35,490 gallons) of Bunker C fuel
oil. Wind, ocean and tidal currents caused the oil to be deposited as tar
balls and tar mats on the publicly owned beaches of Matagorda Island, Mustang
Island, and Padre Island, which are part of the Matagorda Island National
Wildlife Refuge, Mustang Island State Park, Matagorda Island State Park, and
Padre Island National Seashore, respectively. The oil spill occurred in a
biologically diverse barrier island system in the Gulf of Mexico. Resources
found in this system include saltwater fish; crustaceans, including crabs
and shrimp; mammals; amphibians; reptiles; migratory birds, including gulls,
herons, egrets, and terns and other water fowl; and shorebirds; lands, including
beaches, dunes, grasslands, and intertidal flats; wild shore plants, including
sea oats; and coastal waters and air. Services provides by these resources
to the public include habitat for the variety of plant and animal species
in the area, sport fisheries, and recreational uses (including fishing, swimming,
hiking, camping, and nature observation). Based on investigations of the impacted
coastal areas, the Trustees found that natural resources and park system resources
and services they provide were lost, injured, or harmed as a result of the
unauthorized discharge and clean-up actions.
The Trustees conducted a natural resource damage assessment to address
those losses. The assessment focused on losses to migratory birds, beach and
dune habitats, and public recreational opportunities at Matagorda Island State
Park, Mustang Island State Park and Padre Island National Seashore.
A joint settlement of all claims of the Trustees associated with this oil
spill was achieved with the responsible parties in December 1999. The settlement
included funds to compensate the public for natural resource injuries resulting
from the spill. These funds, which were jointly recovered by all the Trustees,
were placed into an account established with the Registry of the Federal District
Court, Southern District of Texas, pending joint planning and decisions by
the Trustees as to the appropriate use of the funds to implement actions to
restore, replace, rehabilitate or acquire the equivalent of natural resources
injured by the spill. As part of the initial restoration planning efforts,
the trustees prepared a Public Scoping Document describing injuries associated
with the spill and potential restoration projects that was presented at a
Corpus Christi, Texas public meeting in September 2002. Input received as
a result of that effort was incorporated in the Draft RP/EA.
The Draft RP/EA announced today presents the restoration actions which
the Trustees propose to implement using these funds to effect restoration,
rehabilitation, replacement, or acquisition of resources or resource services
that were injured by the spill. The Restoration Plan is in the form of an
Environmental Assessment and, as such, is used as a planning document for
the Federal Trustees to use to decide on a final restoration plan (as required
by the National Environmental Policy Act 42 U.S.C. 4321, et seq.).
For further information, contact Don Pitts at Texas Parks and Wildlife
Department (512) 912-7156, fax: (512) 912-7154, email: don.pitts@tpwd.state.tx.us.
TRD-200303381
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Filed: June 4, 2003
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On May 30, 2003, Texas Am-Tel I, L.P. filed an application with the Public
Utility Commission of Texas (commission) to amend its service provider certificate
of operating authority (SPCOA) granted in SPCOA Certificate Number 60483.
Applicant intends to reflect a change in ownership/control of its parent company.
The Application: Application of Texas Am-Tel I, L.P. for an Amendment to
its Service Provider Certificate of Operating Authority, Docket Number 27895.
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
June 18, 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 27895.
TRD-200303351
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 2, 2003
Notice is given to the public of an application filed with the Public Utility
Commission of Texas (commission) on May 30, 2003, for designation as an eligible
telecommunications provider and eligible telecommunications carrier pursuant
to P.U.C. Substantive Rule §26.417 and §26.418, respectively.
Docket Title and Number: Application of Amarillo CelTelCo (Amarillo CelTelCo
or the company) for Designation as an Eligible Telecommunications Carrier
(ETC) Pursuant to P.U.C. Substantive Rule §26.418 and Eligible Telecommunications
Provider (ETP) Pursuant to P.U.C. Substantive Rule §26.417. Docket Number
27890.
The Application: Amarillo CelTelCo is requesting ETC/ETP designation in
order to be eligible to receive federal and state universal service funding
to assist it in providing universal service in Texas. The company provides
commercial mobile radio services in Texas under the names Cellular One of
Amarillo and High Plains Wireless Communications. The company seeks ETC/ETP
designation in the study areas of the following rural incumbent local exchange
carriers, in the state of Texas: Cap Rock Telephone Cooperative; Five Area
Telephone Cooperative, Incorporated; Mid-Plains Rural Telephone Cooperative;
Plateau Telecommunications; Poka-Lambro Telephone Cooperative, Incorporated;
Valor Telecommunications of Texas; West Plains Telephone Cooperative, Incorporated;
West-Texas Telephone Cooperative, Incorporated; and XIT Rural Telephone Cooperative,
Incorporated.
On or before July 3, 2003, persons wishing to comment on this application
should contact the Public Utility Commission of Texas by mail at P.O. Box
13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll-free 1-800-735-298.
All correspondence should refer to Docket Number 27890.
TRD-200303366
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 3, 2003
On May 27, 2003, PF.Net Network Services Corp. 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 60514. Applicant intends to relinquish its certificate.
The Application: Application of PF.Net Network Services Corp. to Relinquish
its Service Provider Certificate of Operating Authority, Docket Number 27870.
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
June 18, 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 27870.
TRD-200303309
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 29, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on May 23, 2003, for waiver of denial
by North American Numbering Plan Administrator (NANPA) Pooling Administrator
(PA) of applicant's request for NXX code.
Docket Title and Number: Application of Verizon Southwest, Inc. (Verizon)
for Waiver of Denial by NANPA of NXX Code Request in the Canton Rate Center.
Docket Number 27866.
The Application: A customer of Verizon, Homemade Gourmet, has requested
that Verizon provide a block of 1,000 numbers in the Canton rate center. The
request specified that these numbers must be in the 1xxx or 2xxx range to
satisfy Homemade Gourmet's phone system technical specifications. Verizon
stated that its existing telephone resources cannot satisfy its customer's
specific need for both the specific volume of numbers as well as for a block
of 1,000 consecutive numbers. Verizon seeks an exception to the application
of NXX assignment guidelines. Verizon asks that the commission waive the PA's
denial of Verizon's NXX assignment request and direct the PA to provide Verizon
the one thousand-block in the Canton 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
June 23, 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 27866.
TRD-200303334
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 30, 2003
Notice is given to the public of Livingston Telephone Company, Incorporated's
application filed with the Public Utility Commission of Texas (commission)
on May 8, 2003, to make minor rate changes.
Docket Title and Number: Livingston Telephone Company's Statement of Intent
to Implement Minor Rate Changes Pursuant to P.U.C. Substantive Rule §26.171.
Docket Number 27767.
The Application: On May 8, 2003, Livingston Telephone Company, Incorporated
(Livingston) filed a statement of intent to implement minor rate changes to
residential and business monthly Local Exchange Access Line Service. The proposed
effective date for the tariff change is September 1, 2003. The estimated annual
revenue increase recognized by Livingston is $91,119.60 or 2.11% of the total
regulated intrastate gross annual revenues. For a copy of the proposed tariff
or additional information regarding this application, customers may contact
Livingston Telephone Cooperative, Incorporated at 1-936-327-4309.
Customers have a right to petition the commission for a review of this
application. The commission may suspend the application for further review
if the lesser of 5.0% or 1,500 of Livingston's existing customers sign a complaint
relating to the proposed change. The deadline to comment or request to intervene
in this proceeding is August 1, 2003. Persons wishing to comment or intervene
should contact the Public Utility Commission of Texas, Customer Protection
Division, P.O. Box 13326, Austin, Texas 78711-3326 or call the commission
at (512) 936-7120 or in Texas (toll-free) at 1-888-782-8477. Hearing- and
speech-impaired individuals with text telephones (TTY) may contact the commission
at (toll-free) 1-800-735-2988.
TRD-200303311
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 29, 2003
Notice is given to the public of Valor Telecommunications of Texas, L.P.'s
application filed with the Public Utility Commission of Texas (commission)
on May 9, 2003 to discontinue services.
Docket Title and Number: Application of Valor Telecommunications of Texas,
L.P. to Revise General Exchange Tariff Number 1, Section 6, First Revised
Sheets Numbers 6, 8, 9, 10, 31, 33 and 35 and Second Revised Sheet Number
34 Pursuant to P.U.C. Substantive Rule 26.208. Docket Number 27776.
Valor Telecommunications of Texas, L.P. (Valor) filed an application to
revise its General Exchange Tariff by deleting references made to special
rate areas (SRAs) in its tariff. Valor is withdrawing services to SRAs because
it has had no subscribers and has collected no revenues in the SRAs since
September 1, 2000, the date Valor acquired the exchanges from GTE.
Persons wishing to comment on this application should contact the Public
Utility Commission of Texas, by June 20, 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 toll-free 1-800-735-2989. All correspondence
should refer to Docket Number 27776.
TRD-200303365
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 3, 2003
On May 22, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and AMA Communications LLD doing business as AMA*TechTel Communications,
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 27848. 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
27848. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by June 24, 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 27848.
TRD-200303292
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 29, 2003
Notice is given to the public of the filing, on June 2, 2003, with the
Public Utility Commission of Texas (commission), a notice of intent to file
a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule
26.215. The Applicant will file the LRIC study on or about June 12, 2003.
Docket Title and Number. Verizon Southwest's Application for Approval of
LRIC Study for Frame Relay Back-Up UNI and Software Change Charges Pursuant
to P.U.C. Substantive Rule 26.215, Docket Number 27899.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 27899. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission
Customer Protection Division at (512) 936-7120. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200303357
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 3, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas, a notice of intent, on May 28, 2003, to file a long run incremental
cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant
will file the LRIC study on June 9, 2003.
Docket Title and Number. Sugar Land Telephone Company Application for Approval
of LRIC Study for Intra-Exchange T-1 Service pursuant to P.U.C. Substantive
Rule §26.214, Docket Number 27883.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 27883. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission
Customer Protection Division at (512) 936-7120. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200303312
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 29, 2003
On May 22, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Texapage N.E., Inc., collectively referred to as applicants, filed
a joint application for approval of interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104- 104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA).
The joint application has been designated Docket Number 27849. 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 27849. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
June 24, 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 27849.
TRD-200303293
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 29, 2003
On May 28, 2003, Santa Rose Telephone Cooperative, Inc. and Sprint Spectrum
doing business as Sprint PCS, collectively referred to as applicants, filed
a joint application for approval of interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA).
The joint application has been designated Docket Number 27882. 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 27882. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
June 30, 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 27882.
TRD-200303294
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 29, 2003
The Public Utility Commission of Texas (commission) will hold on Thursday,
June 26, 2003, a workshop on the development of a form to be used by transmission
and distribution utilities, their affiliated retail electric providers, and
their affiliated power generation companies in the filing applications for
stranded-cost true-up proceedings pursuant to Public Utility Regulatory Act §39.262
and P.U.C. Substantive Rule §25.263. The workshop will be held from 9:00
a.m. to 1:00 p.m. in the Commissioners' Hearing Room on the 7th floor of the
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701.
Project Number 26892, Development of Filing Package for PURA §39.262
True-up Proceedings, has been established for this proceeding.
By June 13, 2003, the commission staff will make available in Central Records
under Project Number 26892 a copy of a draft filing form for discussion at
the workshop.
Questions concerning the workshop or this notice should be referred to
Darryl Tietjen, Director of Financial Analysis, Financial Review Division,
at 512-936-7436 or darryl.tietjen@puc.state.tx.us. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200303378
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2003
Austin-San Antonio Intermunicipal Commuter Rail District
Texas Building and Procurement Commission
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
Comptroller of Public Accounts
Notice of Suspension of the "Tax Credit for Incremental Production Techniques"
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
Credit Union Department
Texas Department of Criminal Justice
Notice of Award
Texas Commission for the Deaf and Hard of Hearing
Interagency Council on Early Childhood Intervention
Texas Commission on Environmental Quality
Proposal for Decision
General Land Office
Texas Department of Health
Notice of Agreed Order With Smithville Hospital Authority, dba Smithville Regional Hospital
Notice of Amendment to the Schedules of Controlled Substances for the Substances alpha-methyltryptamine (AMT) and 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT) to Schedule I
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Lone Star Beverage, L.L.C.
Notice of Public Hearing on Proposed Human Immunodeficiency Virus (HIV) Medication Program Rules
Texas Health and Human Services Commission
North Central Texas Council of Governments
Texas Parks and Wildlife Department
Public Utility Commission of Texas
Notice of Application for Designation as an Eligible Telecommunications Provider and Eligible Telecommunications Carrier Pursuant to P.U.C. Substantive Rule §26.417 and §26.418
Notice of Application for Relinquishment of Service Provider Certificate of Operating Authority
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Filing Made for Approval of Minor Rate Changes Pursuant to P.U.C. Substantive Rule §26.171
Notice of Filing to Discontinue Services Pursuant to P.U.C. Substantive Rule 26.208
Public Notice of Amendment to Interconnection Agreement
Public Notice of Intent to File LRIC Pursuant to P.U.C. Substantive Rule 26.215
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Workshop on Development of Filing Package for PURA §39.262 True-Up Proceedings
Texas Water Development Board