TITLE in-addition

Texas Department of Agriculture

Notice of Public Hearing - Sapote Fruit Fly Quarantine

The Texas Department of Agriculture (the department) will hold a hearing to take public comment on the department's Sapote Fruit Fly Quarantine, Title 4, Part 1, Sections 19.170-19.178, which was filed by the department on an emergency basis on March 10, 2003, for publication in the Friday, March 28, 2003 issue of the Texas Register.

The hearing will be held on April 1, 2003, beginning at 9:00 a.m., at the department's San Juan Regional Office located at 900-B East Expressway, San Juan, Texas.

For more information regarding the quarantine, please contact Dr. Shashank Nilakhe, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, (512) 463-1145.

TRD-200301665

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: March 11, 2003


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were deemed administratively complete for the following projects(s) during the period of February 28, 2003, through March 6, 2003. The public comment period for these projects will close at 5:00 p.m. on April 11, 2003.

FEDERAL AGENCY ACTIONS:

Applicant: Orion Construction, Inc.; Location: The project site is located in Old River, a tributary of the Houston Ship Channel, at 14140 market Street, in Channelview, Harris County. The project can be located on the U.S.G.S. quadrangle map entitled: Highlands, Texas. Approximate UTM Coordinates: Zone 15; Easting: 298043; Northing: 3297016. Project Description: The applicant is requesting authorization to amend Permit #21836 to extend a sheetpile bulkhead and to perform dredging immediately in front of the area to be bulkheaded. The proposed permit amendment is necessary to expand the existing facility. The proposed sheetpile bulkhead will measure 485 feet long and will require the discharge of approximately 1725 cubic yards of material as backfill below mean low tide (MLT). Fill material to be discharged behind the bulkhead will be excavated from upland areas onsite. The area to be dredged lies immediately in front of the area to be bulkheaded and extends approximately 150 feet waterward. The area will be dredged to a depth of -10 feet MLT. The proposed dredging involves the mechanical excavation of 10,500 cubic yards of material that will serve to backfill the upland borrow areas. Permit #21836 was issued on March 6, 2000 and authorized the expansion of an existing barge slip; the construction of a sheetpile bulkhead along the north, south, and west side of the slip; the installation of a geotube along the eastern side of the slip; and the discharge of concrete riprap along the southeastern segment of the slip. In addition, the permit authorized the construction of 6 mooring dolphins. To compensate for impacts to the aquatic environment, the applicant constructed 1.98 acres of wetlands on the eastern part of the site. To date, all of the previously authorized construction, including the mitigation, has been completed. The proposed bulkhead and dredging activities will not impact any additional wetlands or vegetated shallow. CCC Project No.: 03-0069-F1; Type of Application: U.S.A.C.E. permit application #21836(01) 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: Gryphon Exploration Company; Location: The project site is located approximately 13 miles SE of Freeport in the Freeport Anchorage Area, in Galveston Area, OCS Block 313, offshore Texas in the Gulf of Mexico. Approximate State Plane Coordinates using North American Datum 27, South-Central Zone: X=3,240,670.81; Y=379,280. Project Description: The applicant proposes to install, operate, and maintain a typical jack-up rig, production platform and/or well protector, with appurtenant structures and equipment necessary to conduct oil and gas drilling/production operations. CCC Project No.: 03-0072-F1; Type of Application: U.S.A.C.E. permit application #22955 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).

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-200301714

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: March 12, 2003


Comptroller of Public Accounts

Local Sales Tax Rate Changes Effective April 1, 2003

TRD-200301676

Martin Cherry

Chief Deputy General Counsel

Comptroller of Public Accounts

Filed: March 11, 2003


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of March 17, 2003 - March 23, 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 March 17, 2003 - March 23, 2003 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-200301677

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 11, 2003


Court Reporters Certification Board

Certification of Court Reporters

Following the examination of applicants on February 7, 2003, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

MACHINE SHORTHAND: RUBY CASTILLEJA - NEW BRAUNFELS, TX; CHERYL SAMPLEY MANN - ORANGE, TX; LESA CLAPP - GRAND PRAIRIE, TX; SHAYNE WIMMER - MUENSTER, TX; STACEY BIEGERT - SCHERTZ, TX; MARY LOPEZ - SAN ANTONIO, TX; MARSHA ST. NICHOLASY - DICKINSON, TX; J'LYN WILLIAMS - ARLINGTON, TX; DEANA ROUSE - DALLAS,TX; KATHY WILLEFORD - ROWLETT, TX; CAMILLA MADRID - EL PASO, TX; ANICA DIAZ - MERCEDES, TX; SARAH BINA - ALLEN, TX; WHITNEY MORROW - COLLEYVILLE, TX; ALMA RODRIGUEZ - HALTOM CITY, TX; YVETTE PERRODIN - HOUSTON, TX; and EMILY EAKLE - YUKON, OK.

Following the examination of applicants on February 7, 2003, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

ORAL STENOGRAPHY: DEBORAH HOLDERBY - BURLESON, TX; SHERRI ROBINSON - DALLAS, TX; JULIE EDMONDS - HOUSTON, TX; KARLA CLARK - ARLINGTON, TX; and MELODY WRIGHT - AUBREY, TX.

TRD-200301635

Sheryl Jones

Director of Administration

Court Reporters Certification Board

Filed: March 10, 2003


Interagency Council on Early Childhood Intervention

Public Hearings on Proposed Agency Policy Changes

The Texas Interagency Council on Early Childhood Intervention will host public hearings on proposed agency policy changes to the ECI Policy and Procedures Manual. The public is encouraged to attend these hearings and provide comments to the agency. Depending on the number of individuals interested in testifying, participants may be asked to limit their testimony to five minutes in order to allow all interested parties to present comments. Individuals are encouraged, but not required, to submit their comments or testimony in written form.

The hearings will be held at:

Brown Heatly Building, Room 1420, 4900 North Lamar Boulevard Austin, Texas 78751, Monday, March 24, 2003 2:00 p.m. - 3:00 p.m.

Harris County Department of Education, 6300 Irvington Houston, Texas 77022, Tuesday, March 25, 2003 3:30 p.m. - 4:30 p.m.

The proposed policy changes are posted on the agency's website at www.eci.state.tx.us or you may obtain a copy by calling (512) 424-6754. For more information, please contact Cindy Martin, Deputy Executive Director, at (512) 424-6754.

Persons who plan to attend this hearing and who need auxiliary aids, interpreter services, or other accommodations are requested to call (512) 424-6754 at least 3 days prior to the scheduled meeting so that arrangements can be made.

TRD-200301710

Mary Elder

Executive Director

Interagency Council on Early Childhood Intervention

Filed: March 12, 2003


Texas Commission on Environmental Quality

Notice of Application and Preliminary Decision for Hazardous Waste Permit Modification

For the Period of February 27, 2003

APPLICATION Vopak Industrial Services USA, Inc., 2759 Battleground Road, Deer Park, Harris County, Texas 77536, a commercial waste management facility that stores and treats industrial and hazardous wastes prior to disposal in a injection well that is permitted under the Clean Water Act, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Class 3 modification to Hazardous Waste Permit HW-50025-001 to authorize the addition of 20 new hazardous waste storage and treatment tanks, the replacement of seven existing hazardous waste storage and treatment tanks with larger tanks, the addition of a new hazardous waste container storage area, the increase of hazardous waste storage capacity for two existing container storage areas, and the modification of the inspections schedule, waste analysis plan and closure plan. The facility is located approximately 0.8 miles southwest of the San Jacinto Monument in Deer Park, on approximately 5.4720 acres. The application was submitted to the TCEQ on May 1, 2002.

The TCEQ executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.

The TCEQ executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the Deer Park Community Center, 610 East San Augustine, Deer Park, Texas 77536.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. Generally, the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application, if requested in writing by an affected person, or if requested by a local legislator. A public meeting is not a contested case hearing.

Written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 45 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or requested to be on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comments may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the permit and will forward the application and requests to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

MAILING LIST. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific application; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing list(s) to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address below. Unless you otherwise specify, you will be included only on the mailing list for this specific application.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us. The permittee's compliance history during the life of the permit being modified is available from the Office of Public Assistance.

Further information may also be obtained from Vopak Industrial Services USA, Inc. at the address stated above or by calling Mr. Quirino Q. Wong at (713) 561-7200.

TRD-200301678

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 11, 2003


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 122 and the State Implementation Plan

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 122, specifically the repeal of §122.131 and §§122.511 - 122.516 and proper notification of §122.217 being submitted as a revision to the state implementation plan (SIP), under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102 of the United States Environmental Protection Agency regulations concerning SIPs.

The rules in Chapter 122 were originally developed to meet Title V of the Federal Clean Air Act Amendments of 1990 (FCAA) as codified in 42 United States Code. The commission is now proposing to repeal §122.131 because the phased permit process has not been used by any facilities and the scheduled dates have since passed. The commission is also proposing the repeal of §§122.511 - 122.516 since the types of permits referenced have been converted to non-rule general operating permits and no longer exist.

On November 20, 2002, the commission adopted amendments to §122.217 regarding minor revision procedures. However, the commission did not submit §122.217 to the EPA as a revision to the state implementation plan (SIP). Public comment will be accepted on this section being submitted as a revision to the SIP. The adopted rule for §122.217 can be viewed on the Texas Register web site at: http://www.sos.state.tx.us

A public hearing on this proposal will be held in Austin on April 14, 2003 at 10:00 a.m. in Building F, Room 2210 at the commission's central office located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

Comments may be submitted to Joyce Spencer, MC 205, Office of Environmental Policy, Analysis, and Assessment, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Log Number 2002-056-122-AI, and must be received by 5:00 p.m., April 21, 2003. For further information, please contact Debra Barber, Policy and Regulations Division at (512) 239-0412.

TRD-200301618

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: March 7, 2003


Notice of Water Quality Applications

The following notices were issued during the period of March 3, 2003 through March 10, 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

CNP UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 11239-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located on the south bank of Cypress Creek, approximately 2,700 feet west of Interstate Highway 45 in Harris County, Texas.

CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, that operates the Greenspoint Service Center, which provides auxiliary services for the transmission and distribution of electric power, has applied for a renewal of TPDES Permit No. 02596 which authorizes the discharge of treated domestic wastewater, vehicle wash water, and cooling tower blowdown at a daily average flow not to exceed 20,000 gallons per day via Outfall 001. The facility is located at 2301 Gears Road, approximately 0.5 miles east of the intersection of Veterans Memorial Drive and Gears Road, north of the City of Houston, Harris County, Texas.

CITY OF ENNIS has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10443-004, to authorize the discharge of treated filter backwash water at a daily average flow not to exceed 250,000 gallons per day. The facility is located at 4400 Beach Road, approximately two miles south-southwest of the intersection of State Highway 34 and Lakeview Drive in Ellis County, Texas.

FALLBROOK UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 10919- 001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,300,000 gallons per day. The facility is located north of Halls Bayou, 1,300 feet south of West Road and 2,500 feet east of Stuebner-Airline Road (Veteran's Memorial Drive) and approximately 1.0 mile west of Interstate Highway 45 in Harris County, Texas.

CITY OF HONEY GROVE has applied for a renewal of TPDES Permit No. 10710-003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located approximately 2,000 feet west from Farm-to-Market Road 100 and approximately 3,000 feet north of U.S. Highway 82 in Fannin County, Texas.

LAZY RIVER IMPROVEMENT DISTRICT has applied for a renewal of TPDES Permit No. 11820-001, 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 approximately 7,500 feet southeast of the intersection of Interstate 45 and Farm-to-Market Road 1488, south of the City of Conroe in Montgomery County, Texas.

PONDEROSA JOINT POWERS AGENCY, has applied for a renewal of TPDES Permit No. 11081-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,870,000 gallons per day. The facility is located at 17940 Butte Creek Drive in Houston, immediately south of Cypress Creek and approximately 2.3 miles west of Interstate Highway 45 in Harris County, Texas.

SEABOARD FARMS OF TEXAS, LLC, which proposes to operate a pork processing and fabrication facility, has applied TCEQ for a new permit, Proposed Permit No. 04478 to authorize the disposal of slaughterhouse processing plant wastewater, rendering plant wastewater, stockyard and truck wash water, boiler and cooling tower blowdown, sanitation water, domestic wastewater, utility water (associated with weekend operations), and storm water at an annual average flow not to exceed 2,400,000 gallons per day via irrigation of 3,000 acres; and the disposal of water softener regeneration waste and casing operations wastewater at an annual average flow not to exceed 2,200 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and irrigation site number 1 are located 1.5 miles west of the intersection of State Highway 354 and State Highway 287, on the south side of State Highway 354 in Moore County, Texas. Irrigation site number 2 is located 0.5 miles west of the intersection of State Highway 354 and County Road 2202, on the north side of State Highway 354, Moore County, Texas.

CITY OF WILLIS has applied for a renewal of TPDES Permit No. 10315-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located 200 yards west of the U.S. Highway 75 crossing of the East Fork of Crystal Creek and approximately 2 miles south of the City of Willis in Montgomery County, Texas.

TRD-200301679

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 11, 2003


Notice of Water Rights Application

Notices mailed March 7, 2003.

APPLICATION NO. 5792; Keith Weber and wife Helen Weber, 20100 Belinda Ln., Manor, Texas, 78653, seek a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicants seek authorization to divert not to exceed 9 acre-feet of water from a well that captures underflow of the Colorado River, Colorado River Basin at a point bearing N46 E, 340 feet from the Southwest corner of Lot 1, Owen Acres Section Two, also being Latitude 30.219 N, Longitude 97.498 W. Said point being 17 miles east from the Travis County Courthouse and 16 miles southeast from Manor, Texas. The water will be diverted at a maximum rate of 0.049 cfs (22 gpm) for agricultural purposes to irrigate 3 acres of land out of a 3.6 acre- tract located in the Matthew Duty « League No. 10, Abstract 10, Travis County. Ownership of the land to be irrigated is evidenced by a General Warranty Deed as recorded in Volume 12939, Page 1413 in the Real Property Records Travis County, Texas. The application was received on November 12, 2002. Additional information was received on December 27, 2002. The application was declared administratively complete on January 2, 2003. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

PROPOSED PERMIT NO. 8236; Valero Three Rivers Refinery, P.O. Box 490, Three Rivers, TX 78071-0490, applicant, seeks a temporary Water Use Permit, pursuant to Texas Water Code (TWC)11.138 and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq., to divert and use not to exceed 1,200 acre-feet of water during a two year period from the Frio River, tributary of the Nueces River, Nueces River Basin for industrial (hydrostatic testing and refill of fire water pond) purposes. Water will be diverted at a maximum rate of 2.23 cfs (1,000 gpm)from a point located near Highway 72,10 miles northwest of George West, and 1 mile west of Three Rivers, a nearby town, Live Oak County, said point also being Latitude 28.4633 N,Longitude 98.1889 W. The applicant will divert not to exceed 600 acre-feet of water per annum, and the water will be held for approximately 20 days prior to release back into the river. The water will be returned to the Frio River, downstream of the diversion point, at a point being Latitude 28.4558 N, Longitude 98.1944 W. The temporary permit, if issued, will be junior in priority to all senior and superior water rights in the Nueces River Basin. The application was received on December 20, 2002. The application was determined to be administratively complete and filed with the Chief Clerk on February 11, 2003. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by March 28, 2003.

Information Section

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

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

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

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

TRD-200301680

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 11, 2003


Texas Department of Health

Notice of Agreed Order with Corinthian Schools, Inc. dba National Institute of Technology, Inc.

On February 28, 2003, the director of the Bureau of Radiation Control (bureau), Texas Department of Health, approved the settlement agreement between the bureau and Corinthian Schools, Inc., doing business as National Institute of Technology, Inc. (registrant-R25596) of Houston. A total administrative penalty in the amount of $4,250 was assessed the registrant for violations of 25 Texas Administrative Code, Chapter 289.

A copy of all relevant material is available for public inspection, by appointment, 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 Street, Austin, Texas 78756-3189, by calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall Street, Austin, Texas.

TRD-200301706

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 12, 2003


Notice of Intent to Revoke Certificates of Registration

Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Acupuncture/Chiropractic Pain Clinic, Port Arthur, R25053; Austin Semiconductor, Inc., Austin, R16792; Caleb Brett USA, Inc., St. Rose, Louisiana, R19981; Floyd Howell Tuley, Jr., Ph.D., Dallas, R21982; John M. Cook, III, D.D.S., Houston, R03899; Jose E. Aguirre, D.M.D., San Antonio, R13232; Khanh Q. Nguyen, M.D., P.A., Houston, R10582; McAllen Hospitals LP, Edinburg, R01349; Occupational Health, P.A., San Marcos, R22914; Robert C. McDaniel, M.D., P.A., Longview, R16827; Transpacific Technology Distribution Corporation, Sunnyvale, California, R22144; VG Scientific, Beverly, Massachusetts, R24336; We Pack Logistics LP, Paris, R22841; Brownsville Medical Center, Brownsville, Z00393; Medical Equipment Designs, Inc., Grand Prairie, Z01483; Visual Concepts 2000, Corpus Christi, Z01516.

The complaints allege that these registrants have failed to pay required annual fees. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice.

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-200301705

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 12, 2003


Notice of Intent to Revoke Radioactive Material Licenses

Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: Colorado-Fayette Medical Center, Weimar, L03470; Independent Testing Laboratories, Houston, L03795; Paragon Wireline, Inc., Bryan, L05367.

The complaints allege that these licensees have failed to pay required annual fees. The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the licensees for a hearing to show cause why the radioactive material licenses should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material licenses will be revoked at the end of the 30-day period of notice.

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-200301704

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 12, 2003


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Anant Mauskar, M.D., P. A.

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 against Anant Mauskar, M.D., P.A. (registrant-R22288) of Houston. A total penalty of $5,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §289.227.

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-200301709

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 12, 2003


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Randy Miles

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 against Randy Miles (registrant-Unregistered) of Arlington. A total penalty of $8,000 is proposed to be assessed Miles for alleged violations of 25 Texas Administrative Code, §289.226.

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-200301707

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 12, 2003


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on TWM Health Services, Inc.

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 against TWM Health Services, Inc. (registrant-R23651) of Baytown. A total penalty of $10,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §§289.226 and 289.227.

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-200301708

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 12, 2003


Texas Department of Housing and Community Affairs

HTF Capacity Building NOFA

ANNOUNCEMENT OF NOTICE OF FUND AVAILABILITY FOR THE HOUSING TRUST FUND CAPACITY BUILDING PROGRAM

The Texas Department of Housing and Community Affairs’ (TDHCA) Housing Trust Fund is accepting applications for the Housing Trust Fund Capacity Building Program. The Capacity Building Program is designed to directly assist eligible organizations to increase their capacity to provide safe, decent, affordable housing in their communities. Eligible activities under this application include hiring qualified persons or contracting with consultants who can provide technical assistance in developing housing for low, very low, and extremely low income individuals and families, including persons with special needs. Funds may also be used to contract directly with qualified technical assistance providers with experience and training in the areas prescribed by this NOFA. A total of $567,729 is available through this NOFA. Funds will be allocated evenly between the 13 Uniform State Service Regions, resulting in a maximum award of $43,671 for one organization in each region. If no qualified applications are received in a region, the funds will be awarded to qualified applicants in another region. These funds may not be used to pay for existing staff. Restructuring of staff duties, re-assignment of staff duties, or other changes to existing staff do not constitute the hiring of additional staff. If the applicant is a recipient of 2001 or 2002 Capacity Building Funds used to hire additional staff, the staff paid for through those funds will be eligible as additional staff under the 2003 Capacity Building Funds, provided that the assistance does not exceed three years.

Respondents will complete an application that includes, but is not limited to, a detail of the type of staff needed for improving the organization’s housing development capacity, or the type of training to be provided through the use of a qualified technical assistance consultant. The application will also include a detailed breakdown of all costs associated with the staffing or provision of technical assistance associated with these funds. Applicants must provide a copy of an IRS determination letter which states that the organization is a 501(c)(3) or (4) entity as well as the articles of incorporation of the nonprofit organization which specifically state that the development of affordable housing is one of the entity’s tax exempt purposes.

The staff hired with the funds will be required to attend at least two workshops sponsored by TDHCA on multifamily and single family affordable housing development. The funds will be distributed in a lump sum. The Department will monitor the organization at least 2 times during the year. Prior to the expiration of the contract, a final report will be submitted which verifies that the individual has satisfied the measures described in the application. If it is determined that the goals stated in the application were not satisfied, the organization will not be eligible for funds in the following year.

Applications will be evaluated based on the following criteria:

The organization’s ability to serve rural areas as evidenced in the articles of incorporation, bylaws, or corporate resolution.

The organization’s ability to serve persons with special needs as evidenced in the articles of incorporation, bylaws, or corporate resolution.

The organization’s ability to serve individuals and families with incomes at 50% or below of the Area Median Gross Income as evidenced in the articles of incorporation, bylaws, or corporate resolution.

Community support for the organization’s effort in affordable housing development.

The organization has unsuccessfully applied for TDHCA funding within the past two years.

Funding is available for the following areas of technical assistance:

Architectural Barrier Removal/Universal Design;

Comprehensive Capacity Building (including Planning, Resource Development, Internal Operations and Governance, Program Delivery, and Networking);

Construction Management;

Energy Efficiency and Alternative Building Methods;

Property Management;

Real Estate/Project Development

Applications must be received at TDHCA by 5:00 p.m. on April 23, 2003. Faxed applications will not be accepted.

The Housing Trust Fund plans to select a diverse group of applications that will serve nonprofit housing development organizations throughout the state. Further detail on the application submission and selection criteria will be outlined in the application guidelines. Awards will be made as grants. Contracts funded under this Notice of Funds Available will be limited to one year. TDHCA’s Board of Directors reserves the right to change the award amount, or to award less than the requested amount.

All interested parties with a workable plan are encouraged to participate in the program. For more information or to request an application, please contact the Multifamily Finance Production Division at (512) 475-3340, or e-mail eweilbae@tdhca.state.tx.us. Please direct your proposal to: Texas Department of Housing and Community Affairs, Multifamily Finance Production Division, P.O. Box 13941, Austin, Texas 78711-3941 or Physical Address, 507 Sabine, Suite 400, Austin, Texas 78701.

TRD-200301722

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 12, 2003


Houston-Galveston Area Council

Public Meeting Notice

Public Comment Period Open for Amendments to the 2022 Metropolitan Transportation Plan (MTP) and the 2002-2004 Transportation Improvement Program (TIP)

A public meeting was held on Tuesday, March 18, 2003, at the Houston-Galveston Area Council (H-GAC) on proposed amendments to the 2022 Metropolitan Transportation Plan (MTP) and the 2002-2004 Transportation Improvement Program (TIP). The public is encouraged to provide comments to H-GAC on the following proposed amendments:

Addition of project to add 600 spaces to the Fuqua Park and Ride lot.

Cancellation of Congestion Mitigation and Air Quality Improvement Program projects in Brazoria, Galveston and Harris counties totaling $14.3 million.

The public comment period on the amendments begins Sunday, March 9, 2003 . All comments must be received by H-GAC no later than 5 p.m., Monday, April 7, 2003 . To obtain more detailed information, please visit www.hgac.cog.tx.us/transportation or call Pat Waskowiak, Transportation Senior Planner, at (713) 993-2456. Copies of the proposed amendments will also be available at the meeting. Written comments may be submitted to Pat Waskowiak, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227, emailed to pwaskowiak@hgac.cog.tx.us or faxed to (713) 993-4508.

In compliance with the Americans with Disabilities Act, H-GAC will provide for reasonable accommodations for persons with disabilities attending H-GAC functions. Requests should be received by H-GAC 24 hours prior to the function. Call Pat Waskowiak at (713) 993-2456 to make arrangements.

TRD-200301601

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: March 6, 2003


Request for Proposal

The Houston-Galveston Area Council solicits proposals to implement programs to improve the retention of students enrolled in nursing programs seeking initial licensure as registered nurses. This region includes Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Houston, Liberty, Matagorda, Montgomery, Walker, Waller, and Wharton Counties. A proposal is available to download at www.theworksource.org. Hard copies of the proposal package will be available for mail out beginning February 17, 2003. Proposals are due at H-GAC offices on or before 12:00 noon Central Daylight Time on March 28, 2003. H-GAC will not accept late proposals; there will be no exceptions.

Prospective bidders may contact Carol Kimmick at (713) 627-3200 or ckimmick@theworksource.org or visit the web site to request a proposal package.

TRD-200301583

Jack Steele

Executive Director

Houston-Galveston Area Council

Filed: March 5, 2003


Request for Proposal

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

A Pre-Proposal Conference is scheduled at 3 p.m. on Monday, March 24, 2003 , at H-GAC offices. Submittals are due by 3 p.m. on Tuesday, April 15, 2003 . Twelve (12) typewritten, bound/stapled and signed copies of the proposal are required. Late proposals will NOT be accepted.

The Request for Proposal packet can be downloaded from the H-GAC Transportation Department Web site at www.hgac.cog.tx.us/transportation/rfps.html. Interested firms may also obtain the packet at the H-GAC offices at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, or by contacting Jerry L. Bobo at 713-993-4571. All questions regarding the Request for Proposal can be sent to the attention of Jerry L. Bobo by email to jbobo@hgac.cog.tx.us, faxed to 713-993-4508, or mailed to the Houston-Galveston Area Council, P.O. Box 22777, Houston, TX 77227-2227.

TRD-200301633

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: March 10, 2003


Texas Department of Human Services

Request for Proposals to Provide Services to Disabled TANF Recipients

The Texas Department of Human Services (DHS) announces a request for proposal (RFP) from applicant organizations to provide services to disabled recipients of Temporary Assistance for Needy Families (TANF) financial assistance. Proposals should address how the applicant will assist disabled TANF recipients in establishing eligibility for federal Supplemental Security Income (SSI) or Retirement, Survivors, and Disability Insurance (RSDI) for disability benefits issued by the Social Security Administration (SSA).

Description of Services: The contractor must have an extensive and thorough knowledge of the SSI and RSDI programs and application/certification procedures. DHS expects the contractor to screen referred clients to ensure clients are potentially eligible for SSA disability-based benefits and assist clients throughout the SSI/RSDI application and appeal process. This request for proposals does not address services to any recipients of TANF financial assistance other than those who are disabled and who (with the assistance of the contractor) become qualified for disability- based SSI or RSDI benefits. DHS expects the contractor to provide sufficient resources for the contract period to perform the services required by this proposal.

Applicant organizations must demonstrate ability to provide the following services: assist clients in completing and filing application forms and other required documents; submit medical and other required documentation on applicants' behalf; ensure application and appeal deadlines are met; represent clients at appeals and hearings; monitor and follow up on the progress of applications filed with SSA; and attend meetings with DHS staff, as needed, to discuss issues affecting the efficiency and operation of the project.

Closing Date: Proposals must be received no later than 5:00 p.m. CDT, Monday, April 21, 2003 . Late proposals will be returned unopened to the applicant. DHS will not accept proposals by facsimile transmission or email. All proposals will receive a date stamp upon receipt.

Terms and/or Amount: The applicant should indicate the amount it intends to charge DHS for each successful referral of a disabled TANF recipient to SSI or disability-based RSDI. Although the cost-per-referral will be considered when awarding the contract, DHS is not bound to award the contract to the bidder with the lowest cost-per-referral.

Offeror's Conference: Applicant's teleconference (participation optional) will be held Monday, March 31, 2003, from 1:30 p.m. to 3:30 p.m. (CST). Notification deadline for participation in the conference is Friday, March 28, 2003, at 5:00 p.m. (CST).

Selection and Evaluation: DHS will review the proposals according to the criteria described in this RFP. DHS will retain all proposals and they will not be returned to the applicants. DHS will screen all proposals for eligibility and completeness. DHS will disqualify any proposal that does not meet the eligibility requirements in this RFP. Proposals that are deemed complete and eligible will be referred to the appropriate evaluation team. Proposals must meet the following in order to be considered complete: received timely; and proposal complete, including signature, copies, attachments, and other specified items.

Proposals must contain the following to be considered: cover page, relevant successful experience of applicant and effectiveness addressing the project needs, staffing, timeframe, and budget summary.

Applicants must submit an original and five copies. Applicants must include an electronic copy submitted on a 3-1/2 inch disk format or on a CD-ROM in MS Word format.

Contact Person: To obtain a Request for Proposal packet, contact Donna Bragdon, Texas Department of Human Services, 701 West 51st St., Mail Code W-323, Austin, Texas 78751; telephone (512) 438-3300; or email: donna.bragdon@dhs.state.tx.us.

The detailed version of the RFP can also be viewed at http://esbd.tbpc.state.tx.us - Texas Department of Human Services requisition number DB0403.

TRD-200301720

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: March 12, 2003


Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by HUDSON INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Wilmington, Delaware.

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

TRD-200301718

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 12, 2003


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by National American Insurance Company proposing to use rates for commercial automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages of +40.4 for Liability and +30 for Physical Damage under Truckers Coverage and +30 for Liability and Physical Damage under all Other Coverages. The overall rate change is +5.69%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by April 7, 2003.

TRD-200301611

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 7, 2003


Notice of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket No. 2547, on April 2, 2003 at 9:30 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider two nominations for re-appointment to the Board of Directors of the Texas Windstorm Insurance Association (TWIA). Mr. Harley Londrie of Laguna Vista, Texas has been nominated by the Office of Public Insurance Counsel for re-appointment as one of the two general public members to serve on the TWIA Board; and Mr. Garry P. Kaufman, of the Galveston Insurance Associates in Galveston, Texas, Texas has been nominated by the Texas Department of Insurance staff for re-appointment as one of the two local recording agent members to serve on the TWIA Board.

The hearing is held pursuant to the Insurance Code, Article 21.49, Section 5A, which provides that the Commissioner after notice and hearing, may issue any orders considered necessary to carry out the purposes of Article 21.49 (Catastrophe Property Insurance Pool Act), including but not limited to, maximum rates, competitive rates, and policy forms. Any person may appear and testify for or against the proposed appointment.

Pursuant to Article 21.49, §5, two members of the nine-member TWIA Board of Directors are to be representatives of the general public, nominated by the Office of Public Insurance Counsel, who, as of the date of the appointment, reside in a catastrophe area and are TWIA policyholders; and two members are to be local recording agents licensed under the Texas Insurance Code with demonstrated experience in the TWIA and whose principal offices, as of the date of the appointment, are located in a catastrophe area.

Any questions concerning this matter should be addressed to Marilyn Hamilton, Associate Commissioner, Property and Casualty Program, (512) 322-2267, MC 104-PC, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104.

TRD-200301610

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 7, 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 ESIS, Inc, a foreign third party administrator. The home office is Philadelphia, Pennsylvania.

Application for admission to Texas of Midlands Claim Administrators, Inc., a foreign third party administrator. The home office is Oklahoma City, Oklahoma.

Application for admission to Texas of Business Administrators & Consultants, Inc., a foreign third party administrator. The home office is Columbus, Ohio.

Application for incorporation in Texas of Benemetrics Corporation DBA EMS Administrators, a domestic third party administrator. The home office is Fort Worth, Texas.

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

TRD-200301719

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 12, 2003


Texas Lottery Commission

Instant Game No. 378 "Armadillo Dollars"

1.0 Name and Style of Game.

A. The name of Instant Game No. 378 is "ARMADILLO DOLLARS". The play style is "match 3 of 9 with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 378 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 378.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $500, $5,000, ARMADILLO SYMBOL.

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

Figure 1: GAME NO. 378 - 1.2D

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

Figure 2: GAME NO. 378 - 1.2E

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

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be: 0000000000000.

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

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

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

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (378), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 378-0000001-000.

L. Pack - A pack of "ARMADILLO DOLLARS" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000-004 will be on the first page, tickets 005-009 will be on the next page and so forth with tickets 245-249 on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "ARMADILLO DOLLARS" Instant Game No. 378 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 "ARMADILLO DOLLARS" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) play symbols. If the player gets three (3) like amounts, the player will win that amount. If the player gets two (2) like amounts and an armadillo symbol, the player will win that amount automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly nine (9) 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 nine (9) 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 nine (9) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the nine (9) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No four or more like play symbols on a ticket.

C. No more than two (2) pairs of like play symbols on a ticket.

D. The armadillo symbol will appear only once on a ticket.

E. When the armadillo symbol appears on a winning ticket, there will be no more than two like play symbols.

2.3 Procedure for Claiming Prizes.

A. To claim a "ARMADILLO DOLLARS" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "ARMADILLO DOLLARS" Instant Game prize of $5,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 15,010,000 tickets in the Instant Game No. 378. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 378 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 378 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. 378, 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-200301649

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 10, 2003


Instant Game No. 390 "Hot Numbers"

1.0 Name and Style of Game.

A. The name of Instant Game No. 390 is "HOT NUMBERS". The play style is "match up".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 390 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 390.

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, $1.00, $2.00, $5.00, $10.00, $15.00, $20.00, $30.00, $60.00, $2,000, $6,000.

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

Figure 1: GAME NO. 390 - 1.2D

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

Figure 2: GAME NO. 390 - 1.2E

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

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $5.00, $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $40.00, $60.00, or $180.

I. High-Tier Prize - A prize of $6,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (390), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 390-0000001-000.

L. Pack - A pack of "HOT NUMBERS" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000-004 will be on the first page, tickets 005-009 will be on the next page and so forth with tickets 245-249 on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "HOT NUMBERS" Instant Game No. 390 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 "HOT NUMBERS" Instant Game is determined once the latex on the ticket is scratched off to expose 10 (ten) play symbols. The player must scratch the entire play area. If the player gets two (2) like numbers in the play area, the player will win the prize shown. If the player gets three (3) like numbers, the player will double the prize shown. If the player gets four (4) like numbers, the player will triple the prize shown. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 10 (ten) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 10 (ten) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 10 (ten) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No more than one set of like numbers on a ticket.

C. No five (5) or more like play symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "HOT NUMBERS" Instant Game prize of $1.00, $2.00, $5.00, $10.00, $15.00, $20.00, $40.00, $60.00, $180, 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 $60.00 or $180 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "HOT NUMBERS" Instant Game prize of $6,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 15,174,750 tickets in the Instant Game No. 390. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 390 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 390 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. 390, 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-200301650

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 10, 2003


Manufactured Housing Division

Notice of Administrative Hearing

Wednesday, April 9, 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 Texas Department of Housing and Community Affairs vs. Gila Multi-Media, Inc. dba New Century Homes to hear alleged violations of Sections 6(m), 6(m)(1), and 6(m)(3) of the Act by not refunding the consumers entire deposit after receiving written notice requesting the deposit be returned. SOAH 332-03-2187. Department MHD2003000205-R and MHD2003000207-R.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589, jhicks@tdhca.state.tx.us

TRD-200301602

Tim Irvine

Deputy Executive Director

Manufactured Housing Division

Filed: March 7, 2003


North Central Texas Council of Governments

Notice of Availability of Request for Qualifications to Consulting Firms for Hazard Mitigation Action Plan (HazMAP)

This notice by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.

The North Central Texas Council of Governments (NCTCOG) is providing notice of the availability of a Request for Qualifications (RFQ). This Request for Qualifications (RFQ) is being made available by the North Central Texas Council of Governments (NCTCOG) to professional consulting firms who may have an interest in assisting NCTCOG, its participating member local governments, and other partners to prepare a multi-jurisdictional Hazard Mitigation Action Plan (HazMAP) that can be used in response to a nationally identified need to reduce our vulnerability to disasters. The NCTCOG Department of Environmental Resources has lead responsibility, with direct involvement of the Emergency Preparedness, Transportation, and Research and Information Services Departments.

The HazMAP planning process has been organized into the following four major components, which generally mirror the outline of local mitigation plan contents in 44 CFR Part 201.6(c) Plan Contents of the February 26, 2002 Federal Register rule (http://www.fema.gov/fima/mitactivities.shtm).

These are:

1. Planning Process,

2. Risk Assessment,

3. Mitigation Strategies,

4. Plan Adoption and Maintenance

www.hazmap.dfwinfo.com: This website will be a primary vehicle for up-to-date information on progress of HazMAP, with draft materials posted for comments by NCTCOG throughout the process. The complete Request for Qualifications is available at this website or by contacting NCTCOG staff at (817) 608-2361.

EVALUATION OF QUALIFICATIONS

To assist interested consultants, a Consultant Briefing will be held:

On: Wednesday, March 26, 2003

At: 9:30 a.m.

In: NCTCOG offices

NCTCOG will discuss the proposed project and respond to questions concerning the Request for Qualifications. Questions and NCTCOG responses subsequent to the consultant briefing will be posted on a bulletin board at www.hazmap.dfwinfo.com

A HazMAP Review Team, which will be guiding the planning effort, will review the responses to the RFQ, select the consultants for interviews, and rank the consultants. NCTCOG will negotiate a contract with the top-ranked consultant. If a satisfactory contract cannot be negotiated, NCTCOG will proceed to the next most highly qualified firm pursuant to Texas Government Code--Chapter 2254, Subchapter A--Professional Services Procurement Act. It is anticipated that the contract would include hourly rates for the various categories of consultant staff and/or similar means to establish a fair and equitable costing method. Target funding for the consultant services is $150,000.

It is NCTCOG's intent to engage consultant assistance as soon as possible (target to obtain Executive Board approval at its May 22nd meeting). Once the consultant is engaged, it is anticipated that an intensive two-day work session will be conducted to develop the more detailed consultant scope of services. Given the interactive nature of this engagement, initial work assignments may be best organized into components with a specific cost, while others may require a specific authorization to proceed from NCTCOG at a later time. The consultant may recommend other ways to insure that their services are used effectively and efficiently. This contract is dependent on funding from FEMA through TxDEM. NCTCOG reserves the right to terminate this process at any time.

CONSULTANT RESPONSE

Consultants will submit 25 copies of a written response to the available Request for Qualifications to John Promise, P.E., NCTCOG Director of Environmental Resources, to be received by close of business on Wednesday, April 9, 2003 at the NCTCOG offices. This written response should be concise, specific to this RFQ, and not exceed 20 pages of text and graphics in the main submission document (including any multi-consultant proposal). Additional separate appendices may be submitted without limitation.

NCTCOG CONTACT

The project will be coordinated by NCTCOG's Department of Environmental Resources, with its Director, John Promise, serving in a Principal-in-Charge role. For further information, contact NCTCOG at (817) 608-2361.

TRD-200301664

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: March 11, 2003


Public Utility Commission of Texas

Notice of Application for A Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 28, 2003, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Energy West Resources, Ltd. for Retail Electric Provider (REP) Certification, Docket Number 27435 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire State of Texas.

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 March 28, 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 27435.

TRD-200301594

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 6, 2003


Notice of Application for Amendment to Certificated Service Area Boundary in Comal County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on February 24, 2003, for an amendment to a certificated service area boundary in Comal County, Texas.

Docket Style and Number: Application of Southwestern Bell Telephone, L.P. d/b/a SBC Texas for an Amendment to a Certificate of Convenience and Necessity to Realign the Boundary Between SBC Texas Elm Creek Zone of the San Antonio Metropolitan Exchange and Guadalupe Valley Telephone Cooperative's Bulverde Exchange. Docket Number 27419.

The Application: On February 24, 2003, Southwestern Bell Telephone, L.P. d/b/a SBC Texas (SBC Texas) filed an application to amend its certificate of convenience and necessity (CCN). SBC Texas proposed to realign the boundary between SBC Texas' Elm Creek zone of the San Antonio metropolitan exchange and Guadalupe Valley Telephone Cooperative's (GVTC) Bulverde exchange. In its application, SBC Texas stated it will relinquish a portion of its service area to GVTC so that the entry gate and all the homes of a new subdivision can be served by a single dominant certificated telecommunications utility (DCTU).

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. 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 27419.

TRD-200301622

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 7, 2003


Notice of Application for Amendment to Certificated Service Area Boundary in Montgomery County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on February 28, 2003, for an amendment to a certificated service area boundary in Montgomery County, Texas.

Docket Style and Number: Application of CenterPoint Energy Houston Electric, LLC for a Certificate of Convenience and Necessity for Service Area Boundaries within Montgomery County. Docket Number 27434.

The Application: On February 28, 2003, CenterPoint Energy Houston Electric, LLC (CenterPoint) filed an application for the purpose of defining the southwest Montgomery County boundary line between the electric distribution service territory of Mid-South Electric Cooperative Association (Mid-South Synergy) and CenterPoint (previously known as HL&P or Reliant Energy). For many years the boundary line between these two electric providers as defined on the ground has been undetermined. Due to the growth in this part of Montgomery County, Texas, the two companies have jointly filed this application for purposes of defining the boundary line. No new loads will be gained or new facilities built by either company. If the application is granted, the boundary line will be more clearly defined between the two companies.

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. 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 27434.

TRD-200301623

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 7, 2003


Notice of Application for Amendment to Certificated Service Area Boundary in Oldham and Hartley Counties, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on February 28, 2003, for an amendment to a certificated service area boundary in Oldham and Hartley Counties, Texas.

Docket Style and Number: Application of XIT Rural Telephone Cooperative, Inc. for Approval to Amend Certificate of Convenience and Necessity - Certificate Service Area Boundary. Docket Number 27439.

The Application: On February 28, 2003, XIT Rural Telephone Cooperative, Inc. (XIT Rural) filed an application to amend its certificated service area boundary to include an uncertificated service area. XIT Rural requests to be the certified telecommunications provider for existing customers located in the geographic service areas of Oldham and Hartley Counties. No other utilities are affected by this application. The application will not affect XIT's current tariff rates and services.

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. 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 27439.

TRD-200301624

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 7, 2003


Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On March 6, 2003, Suretel, Inc. 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 60180. Applicant intends to remove the resale-only restriction.

The Application: Application of Suretel, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 27465.

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 March 26, 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 27465.

TRD-200301666

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 11, 2003


Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority

On February 28, 2003, Southwestern Broadband Holdings 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 60242. Applicant intends to relinquish its certificate.

The Application: Application of Southwestern Broadband Holdings I, L.P. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 27436.

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 March 26, 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 27436.

TRD-200301595

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 6, 2003


Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority

On March 3, 2003, GiantLoop Telecom, 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 60476. Applicant intends to relinquish its certificate.

The Application: Application of GiantLoop Telecom, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 27446.

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 March 26, 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 27446.

TRD-200301596

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 6, 2003


Notice of Application for Relinquishment of its Service Provider Certificate of Operating Authority

On March 6, 2003, Tri-Tel Services, Inc. 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 60448. Applicant intends to relinquish its certificate.

The Application: Application of Tri-Tel Services, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 27469.

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 March 26, 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 27469.

TRD-200301667

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 11, 2003


Notice of Petition for Rulemaking in Regards to Quality of Service Rules for Telecommunications Service Providers

The Public Utility Commission of Texas (commission) received a petition for rulemaking on March 11, 2003, from Southwestern Bell Telephone, L.P., doing business as SBC Texas (SBC Texas or Petitioner). SBC Texas requests that the commission conduct a rulemaking to make changes to its service quality benchmarks set forth in substantive rule §26.54, relating to Service Objectives and Performance Benchmarks. The petition is assigned Project Number 27500, Petition for Rulemaking of SBC Texas to Amend Substantive Rules Applicable to Telecommunications Service Providers in Regard to Quality of Service . Under the Administrative Procedure Act, Texas Government Code §2001.021, the commission shall either deny the petition in writing, stating its reasons for denial, or initiate a rulemaking proceeding not later than the 60th day after the date the petition is filed.

Petitioner seeks immediate review of two specific standards. First, Petitioner maintained that §26.54(c)(6)(A), regarding customer trouble reports, should be amended to increase from three to six the number of customer trouble reports per 100 customer access lines per month (on average), per exchange. Second, Petitioner stated that the business office speed of answer requirement in §26.54(c)(2)(B) should be eliminated.

Petitioner stated that given the sweeping changes that have followed enactment of the federal Telecommunications Act of 1996 (FTA), it is time to reconsider whether certain provisions of §26.54 should be eliminated or modified. Petitioner opined that the service quality rules are clearly a vestige of traditional rate-of-return regulation in a pre-1996 monopoly environment and that most, if not all, of the benchmarks currently required by §26.54 no longer serve the purposes for which they were created. In addition, SBC Texas urged the commission, to the extent it finds that some of the current service quality standards are still necessary and appropriate, to apply these standards equally to all local exchange carriers. Petitioner asserted that the legislature granted the commission wide latitude in adopting service quality standards, and that the authority to apply its service quality rules is not limited to only incumbent local exchange carriers.

Comments on the petition may be filed no later than 3:00 p.m. on Friday, April 11, 2003. Copies of the petition may be obtained from the commission's Central Records Division, William B. Travis Building, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or through the Interchange on the commission's web site at www.puc.state.tx.us under Project Number 27500.

Questions regarding this notice of petition should be directed to Patrick Tyler, Director of Telecommunications, Legal and Enforcement Division, at (512) 936-7282, or Roni Dempsey, Rules Coordinator, Policy Development Division, at (512) 936-7308. 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 inquiries and comments concerning this petition for rulemaking should refer to Project Number 27500.

TRD-200301716

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 12, 2003


Public Notice of Amendment to Interconnection Agreement

On March 5, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Max-Tel Communications, Inc., 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 27457. 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 27457. 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 April 7, 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 27457.

TRD-200301599

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 6, 2003


Public Notice of Amendment to Interconnection Agreement

On March 5, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Rosebud Telephone, LLC, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27458. 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 27458. 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 April 7, 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 27458.

TRD-200301600

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 6, 2003


Public Notice of Amendment to Interconnection Agreement

On March 6, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Express Telephone Services, Inc., 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 27472. 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 27472. 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 April 8, 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 27472.

TRD-200301625

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 7, 2003


Public Notice of Amendment to Interconnection Agreement

On March 6, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Quick-Tel Communications, Inc., 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 27473. 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 27473. 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 April 8, 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 27473.

TRD-200301626

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 7, 2003


Public Notice of Amendment to Interconnection Agreement

On March 7, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and New Edge Network, Inc. doing business as New Edge Networks, 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 27479. 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 27479. 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 April 9, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 27479.

TRD-200301671

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 11, 2003


Public Notice of Amendment to Interconnection Agreement

On March 7, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Buy-Tel Communications, Inc., 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 27480. 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 27480. 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 April 9, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 27480.

TRD-200301672

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 11, 2003


Public Notice of Interconnection Agreement

On March 4, 2003, Valor Telecommunications of Texas, LP and DVC Enterprises, Inc. doing business as DVC Telecom, 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 27453. The joint application and the underlying interconnection agreement is 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 27453. 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 April 4, 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 27453.

TRD-200301597

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 6, 2003


Public Notice of Interconnection Agreement

On March 4, 2003, Valor Telecommunications of Texas, LP and Focal Communications Corporation of Texas, 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 27454. The joint application and the underlying interconnection agreement is 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 27454. 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 April 4, 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 27454.

TRD-200301598

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 6, 2003


Public Notice of Interconnection Agreement

On March 7, 2003, V3 Global, Inc. and Verizon Southwest, 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 27475. The joint application and the underlying interconnection agreement is 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 27475. 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 April 9, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 27475.

TRD-200301668

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 11, 2003


Public Notice of Interconnection Agreement

On January 28, 2003, Mid-Plains Rural 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 27477. The joint application and the underlying interconnection agreement is 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 27477. 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 April 9, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 27477.

TRD-200301669

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 11, 2003


Public Notice of Interconnection Agreement

On March 7, 2003, CAT Communications International, Inc. and Verizon Southwest, 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 27478. The joint application and the underlying interconnection agreement is 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 27478. 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 April 9, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 27478.

TRD-200301670

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 11, 2003


Railroad Commission of Texas

Request for Professional Engineering Services

The Railroad Commission of Texas requests the qualifications for professional services from engineering firms with expertise in environmental assessments and remedial design. Selection of the engineering firms will be in accordance with the Professional Services Procurement Act, Texas Government Code, §§ 2254.001, et seq. The Commission shall have the sole authority to enter into any contracts.

Interested parties may receive a copy of a Request For Qualifications (RFQ) that describes the format and scope of services by (1) contacting Jill Edwards, Site Remediation, in writing, by mail, e-mail, or fax (mail: Railroad Commission of Texas, Oil and Gas Division, PO Box 12967, Austin Texas 78711; e- mail: jill.edwards@rrc.state.tx.us; fax: 512-463-2388); or (2) on the Railroad Commission web page (www.rrc.state.tx.us, under "What's New @ The RRC/State-Managed Cleanup Bid Opportunities/Site Remediation Engineering Services Contracts" or "Agency Services/Environmental Protection/State-Managed Cleanup Bid Opportunities/Site Remediation Engineering Services Contracts"). All Statements are to be submitted to the RRC in the required format by no later than 5:00 pm, May 15, 2003, at the mailing address noted in Section 14.0 of the Request for Qualifications.

Issued in Austin, Texas, on March 12, 2003.

TRD-200301721

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: March 12, 2003