TITLE in-addition

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 project(s) during the period of March 12, 2004, through March 18, 2004. The public comment period for these projects will close at 5:00 p.m. on April 23, 2004.

FEDERAL AGENCY ACTIONS:

Applicant: Buckeye Gulf Coast Pipelines ; Location: The 38-mile long pipeline originates at an intersection of an existing pipeline corridor and FM 563 near the Moss Bluff area in Liberty County, Texas. The coordinates of the origin are Latitude N 29°54'44"; Longitude W 94°41'58" (N= 13,904,269.71; E= 3,330,656.76). The pipeline runs in a southern direction and enters Trinity Bay at Latitude N 29°46'42"; Longitude W 94°43'51". The pipeline terminates west of Dollar Point in Texas City, Galveston County, Texas. The coordinates of the terminus are Latitude N 29°26'16"; Longitude W 94°54'15" (N=13,730,358.13; E=3,271,411.96). Project Description: The applicant proposes to construct a 38-mile 12-inch diameter pipeline to transport hydrogen gas to consumers in Texas City. The project will have a 100-foot right-of-way and will temporarily impact 26.84 acres of wetlands. Directional drills will be utilized in crossing Hog Bayou, the Trinity River, the Houston Ship Cannel, and the Dickinson Channel/Texas City Levee. The overall project will result in 24.28 acres of temporary impacts to freshwater wetlands and 3.62 acres of permanent impacts to forested wetlands. Approximately 2.66 acres of the forested wetlands are categorized as mixed hardwood and Chinese tallow forest. The remaining 0.96-acre of forested wetland is dominated by Chinese tallow. The pipeline route near the Houston Ship Channel, within blocks 262 and 249, crosses the oyster reef pad #5 on the west side and the South Boater Cut on the east side of the channel. The applicant is resolving these areas by utilizing directional drilling. Updated plans, of this crossing, will be available if requested within the comment period. The applicant proposes to restore the 24.28 acres of temporarily impacted wetland areas in the proposed pipeline right of way by restoring the areas to pre-project contours and allowing the area to naturally revegetate. The applicant will achieve a success rate of 50% vegetative cover within 2 years. For the permanent forested wetland impacts of 3.62 acres, the applicant will establish an in- lieu-fee agreement with the National Fish and Wildlife Foundation at the Lower Trinity River Habitat Fund. The funds will contribute to the purchase of 15 acres of mixed bottomland hardwood habitat within the Trinity River floodplain. The 15 acres will be incorporated into the Trinity River National Wildlife Refuge. The monitoring plan is included with the project plans. CCC Project No.: 04-0063-F1; Type of Application: U.S.A.C.E. permit application #23290 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 §1251-1387). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Robert Carl Bedgood ; Location: The project is located southeast of the intersection of Scurlock Street and Stella Street, in Port O'Connor, along the Gulf Intracoastal Waterway, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port O'Connor, Texas. Approximate UTM Coordinates: Zone 14; Easting: 751712; Northing: 3147735. Project Description: The permittee proposes to modify U. S. Army Corps of Engineers Permit 22739. The proposed changes involve changing the mitigation plan and adding structures for property owners. The mitigation modification is necessary due to erosion incurred during Hurricane Claudia. All dredging, bulkheading, and filling behind the bulkhead have been completed. The permittee proposes to create 0.28-acre of smooth cord grass emergent intertidal wetlands instead of the original 0.16-acre authorized. The elevation would be stabilized above mean sea level using the excavated soils located in the northwest corner of the basin. These consist of sand and loamy sands with some organic content. Once the stabilized bed elevation is established, the rock wavebreak fronting this bed and bulkhead would be completed. The permittee proposes to install 0.21-acre of submerged hard substrate materials instead of the 0.17-acre authorized in the original permit. This will function as submerged habitat and wave absorption buffers for both the existing seagrass beds and the created intertidal wetland, reducing further loss of existing beds due to hydrologic forces and preventing the erosion of the clay lenses the seagrass beds are situated upon. The permittee proposes to construct six L-head piers in front of the bulkhead on the west side of Larry's Harbor for the property owners of those lots. This would allow a full review of the entire project instead of the property owners coming in independently without regard to the mitigation area. Lastly, the permittee proposes to change the authorized location of the boat ramp to avoid utility lines. CCC Project No.: 04-0067-F1; Type of Application: U.S.A.C.E. permit application #22739(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 §1251-1387).

Applicant: Davis Petroleum Corporation ; Location: The project is located in Texas State Tracts 99, 100, 113, 114, 131, and 205. The proposed well is located in State Tract 99 in Galveston Bay, Chambers County, Texas. The well can be located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 319657; Northing: 3277583. The first proposed pipeline will be installed from the proposed well to the second proposed pipeline in Galveston Bay, Chambers County, Texas. The tie-in location for the two proposed pipelines can be located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 320577; Northing: 3276794. The second proposed pipeline would be installed from a previously permitted well location to an existing pipeline. The previously permitted well can be located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 320792; Northing: 3277140. The tie-in location at the existing pipeline can be located on the U.S.G.S. quadrangle map entitled: Bacliff, Texas. Approximate UTM Coordinates: Zone 15; Easting: 316728; Northing: 3274393. Project Description: The applicant proposes to erect and maintain structures and to perform work to drill and produce the ST-99 Well No. 1. This activity consists of the permanent placement of a 30-foot by 7-foot well platform and a 70-foot by 70-foot production platform. During drilling operations the applicant will place 2,667 cubic yards of shell, gravel, or crushed rock for the marine barge pad. The barge pad will cover 24,000 square feet of mud bottom in Galveston Bay. Upon successful completion of the well, the applicant proposes to install an 8-inch pipeline for the production of the well. The first pipeline will be 2,162 feet long and connect the well to a second proposed pipeline. The applicant will bury the pipeline a minimum of 3 feet below the mudline by trenching, boring, or jetting. The applicant also proposes to install a second 8-inch pipeline from a previously permitted well, ST-100 Well No. 1, to an existing pipeline. The second proposed pipeline would be 15,447 feet long. The applicant will bury the pipeline a minimum of 3 feet below the mudline by trenching, boring, or jetting. There will be 11,310 total cubic yards of bay bottom material displaced during installation of both pipelines. CCC Project No.: 04-0076-F1 Type of Application: U.S.A.C.E. permit application #23326 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 §1251-1387). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Gulf Fiber Corporation ; Location: The project is located in OCS federal waters, in the Gulf of Mexico, in the Galveston Area coastwise safety fairway, in Block 362, Offshore Texas. Project Description: The applicant proposes to modify Permit 21689 that authorized the installation of 810,546 feet of 1.5-inch in diameter fiber optic cable in the Gulf of Mexico. The applicant proposes to install the cable within the coastwise safety fairway to a depth of 3 feet below the Gulf bottom. The previously authorized permit required that 10 feet of cover be maintained crossing the fairway. The applicant states that 3 feet of burial depth is sufficient for protection against trawler door or anchor penetration given the shear strength of the sediments. The applicant realizes that a ship anchor weighing in excess of 5 tons could penetrate the sediments to a depth of more than 3 feet and is aware of the risk and is willing to absorb the associated costs for repair and lost service in this event. The cable will be installed by jetting using a remotely operated vehicle equipped with a water jet system. CCC Project No.: 04-0079-F1 Type of Application: U.S.A.C.E. permit application #21689(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Sterling Exploration and Production Co., LLC ; Location: The project is located in Matagorda Bay along State Tracts 47, 48, and 52, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate UTM Coordinates NAD 27: Zone 14; Easting: 743008; Northing: 3159490 to the U.S.G.S. quadrangle map entitled: Keller Bay, Texas. Approximate UTM Coordinates NAD 27: Zone 14; Easting: 745858; Northing: 3158471. Project Description: The applicant proposes to install 9,758 linear feet of 2- to 4-inch flowline. Approximately 1.13 acre of native waterbottom will be temporarily affected by the jetting activity. CCC Project No.: 04-0082-F1; Type of Application: U.S.A.C.E. permit application #23321 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Texas Parks and Wildlife Department ; Location: The project is located in Aransas Bay, off of Goose Island State Park, on the Lamar Peninsula, 9 miles north of Rockport, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: St. Charles Bay, Texas. Approximate UTM Coordinates: Zone 14; Easting: 697257; Northing: 3112846. Project Description: The applicant proposes a shoreline protection and marsh construction project for Goose Island. The shoreline protection includes a 4,400-foot-long by 30-foot-wide breakwater and a 1,000-foot long by 50-foot-wide access channel. The proposed 24-acre marsh will be constructed with the use of confined dredged material from the access channel (5,500 yds3) as well as dredged material from the 5,500-foot-long TPWD channel (26,000 yds3) and the 4,600-foot-long Neptune Harbor channel (34,000 yds3). CCC Project No.: 04-0077-F1; Type of Application: U.S.A.C.E. permit application #23307 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 §1251-1387). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: Byron and Sharon Cumberland ; Location: The project is located at on Matagorda Bay at Lots 23 through 35 on Edgewater Street, Alamo Beach, in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East Texas. Approximate UTM Coordinates: Zone 14; Easting: 738469; Northing: 3162909. Project Description: The applicant proposes to place 527 cubic yards of fill material into Matagorda Bay to construct a 390-foot concrete bulkhead and prevent further erosion of this property. Two hundred eighty nine cubic yards of oyster shell fill will be placed to construct a 12- inch thick pad in order to support a barge during bulkhead construction. Two hundred thirty eight cubic yards of clean fill material, from a borrow site owned by the applicant, is to be placed behind the bulkhead to stabilize the structure. The stated purpose for the fill is to reclaim eroded property on 13 lots in order to accommodate septic systems for a housing development. Local ordinance requires 4,000 square feet of unobstructed surface area for a septic system. CCC Project No.: 04-0087-F1; Type of Application: U.S.A.C.E. permit application #23298 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 §1251-1387).

Applicant: Laguna Development Group, Ltd. ; Location: The project is located adjacent to Laguna Madre, southeast of the intersection of State Highway 100 and F.M. Road 510 in Laguna Vista, Cameron County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Laguna Vista, Texas. Approximate UTM Coordinates: Zone 14; Easting: 671854; Northing: 2886993. Project Description: The applicant proposes to fill 0.86 acres of saltwater coastal flat wetlands associated with the construction of a 1,550 linear feet of bulkhead, of which 0.49 acres is after-the-fact. An additional 0.05 acres of jurisdictional area is to be filled in association with slope stabilization on either side of an existing 900-foot drainage ditch located on the north part of the property. The ditch contains a 0.55-acre mature mangrove community that is to be preserved as part of the applicant's proposed mitigation. Additional mitigation includes the enhancement of 1.43 acres of existing onsite wetlands. The proposed and existing bulkhead is intended to service a 70+ lot residential subdivision. The applicant further proposes to install a wildlife observation platform that is connected to the proposed bulkhead with a 70-foot-long by 6-foot-wide boardwalk. The applicant's agent has stated that a deed restriction/covenant will be established that will prohibit the construction of docks or any other structures waterward of the bulkhead. CCC Project No.: 04-0088-F1; Type of Application: U.S.A.C.E. permit application #23330 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 §1251-1387). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: Triton Coastal Ventures ; Location: The project is located in and adjacent to Eckerts Bayou, Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Lake Como, Texas. Approximate UTM Coordinates of the project site are: Zone 15; Easting: 311955; Northing: 3234319; mitigation site: Zone 15, Easting: 297760, Northing: 3223324. Project Description: The applicant proposes to fill a total of 0.40 acres of jurisdictional waters, including wetlands, for the purpose of constructing a waterfront residential subdivision. Fill will be discharged into 0.33 acres for the raising of pads for home sites. The remaining 0.07-acre of waters will be filled for the construction of a concrete breakwater 25 to 30 feet from and parallel to the existing shore. The proposed breakwater will be constructed of sacks of concrete stacked with breaks every 100 feet to allow for tidal exchange. Additionally, the applicant proposes to construct three piers, and a boardwalk parallel to the shoreline. The applicant proposes to mitigate for the impacts by excavating 3.1 acres of uplands of a 24-acre tract of land and creating high marsh habitat. The 24-acre tract would be placed into a conservation easement. CCC Project No.: 04-0089-F1; Type of Application: U.S.A.C.E. permit application #23140 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 §1251-1387).

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-200402090

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: March 24, 2004


Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Sections 403.011, 2155.001, and 2156.121, Texas Government Code, and Chapter 54, Subchapter F, Sections 54.602, 54.611 - 618, and 54.636, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the issuance of its Request for Proposals (RFP #167k) for global bond investment management services for the Texas Guaranteed Tuition Plan, the state's prepaid higher education tuition program and one of the Texas Tomorrow Funds (Program). The funds to be managed are funds from contracts and investments of the Program. The Comptroller and the Board request proposals from qualified firms for global bond investment management services for the Program's portfolio. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP in order that the Board may move forward with retaining the necessary investment manager(s). The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, the successful respondent(s) will be expected to begin performance of the contract on or about July 6, 2004.

Contact: Parties interested in submitting a proposal should contact John C. Wright, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, April 2, 2004, between 2:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Texas Marketplace after Friday, April 2, 2004, 2:00 p.m. CZT. The website address is http://esbd.tbpc.state.tx.us.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Tuesday, April 13, 2004. Prospective respondents are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to John C. Wright, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or before Thursday, April 15, 2004, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice on the issuance of this RFP.

Closing Date: Proposals must be delivered to the Office of the Deputy General Counsel for Contracts, at the location specified above (ROOM G24) no later than 2:00 p.m. (CZT), on Wednesday, April 21, 2004. Proposals received in ROOM G24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (ROOM G24).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board shall make the final decision on any contract award or awards resulting from this RFP.

The Comptroller and the Board each reserve the right, in their sole discretion, to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - April 2, 2004, 2:00 p.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - April 13, 2004, 2:00 p.m. CZT; Official Responses to Questions posted - April 15, 2004; Proposals Due - April 21, 2004, 2:00 p.m. CZT; Contract Execution - July 1, 2004, or as soon thereafter as practical; Commencement of Project Activities - July 6, 2004.

TRD-200402074

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: March 22, 2004


Notice of Request for Proposals

Pursuant to Sections 403.011, 2155.001, and 2156.121, Texas Government Code, and Chapter 54, Subchapter F, Sections 54.602, 54.611 - 618, and 54.636, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the issuance of its Request for Proposals (RFP #167l) for high yield bond investment management services for the Texas Guaranteed Tuition Plan, the state's prepaid higher education tuition program and one of the Texas Tomorrow Funds (Program). The funds to be managed are funds from contracts and investments of the Program. The Comptroller and the Board request proposals from qualified firms for high yield bond investment management services for the Program's portfolio. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP in order that the Board may move forward with retaining the necessary investment manager(s). The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, the successful respondent(s) will be expected to begin performance of the contract on or about July 6, 2004.

Contact: Parties interested in submitting a proposal should contact John C. Wright, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, April 2, 2004, between 2:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Texas Marketplace after Friday, April 2, 2004, 2:00 p.m. CZT. The website address is http://esbd.tbpc.state.tx.us.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Wednesday, April 14, 2004. Prospective respondents are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to John C. Wright, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or before Friday, April 16, 2004, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice on the issuance of this RFP.

Closing Date: Proposals must be delivered to the Office of the Deputy General Counsel for Contracts, at the location specified above (ROOM G24) no later than 2:00 p.m. (CZT), on Thursday, April 22, 2004. Proposals received in ROOM G24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (ROOM G24).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board shall make the final decision on any contract award or awards resulting from this RFP.

The Comptroller and the Board each reserve the right, in their sole discretion, to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - April 2, 2004, 2:00 p.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - April 14, 2004, 2:00 p.m. CZT; Official Responses to Questions posted - April 16, 2004; Proposals Due - April 22, 2004, 2:00 p.m. CZT; Contract Execution - July 1, 2004, or as soon thereafter as practical; Commencement of Project Activities - July 6, 2004.

TRD-200402075

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: March 22, 2004


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 03/29/04 - 04/04/04 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 03/29/04 - 04/04/04 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-200402080

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 23, 2004


Concho Valley Workforce Development Board

Request for Vendor Enrollment

The Concho Valley Workforce Development Board through its One-Stop Contractor, ACS State and Local Solutions, operating the Texas Workforce Center of the Concho Valley is seeking enrollment from organizations to provide gasoline upon receipt of an authorized voucher by a program client in the following counties: Coke, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Reagan, Schleicher, Sterling, Sutton, and Tom Green.

All types of provider sources will be reviewed and considered for acceptance and use in accordance with the Federal and State guidelines.

Applicant Requirements: Proposers must have adequate personnel capabilities necessary to implement the goals and objectives of the program and to ensure compliance with the ensuing contract.

Contact Person: Requests for a copy of this application as well as any and all questions concerning this Request for Proposal are to be directed to Morris Apple, Texas Workforce Center of the Concho Valley, 202 Henry O. Flipper Street, San Angelo, Texas 76903, or e-mail: william.apple@twc.state.tx.us.

Application Deadline: All applications must be received by 3:00p.m., April 30, 2004.

The Texas Workforce Center of the Concho Valley is an Equal Employment Opportunity Employer.

TRD-200402015

Teri Sosa

Contract Manager

Concho Valley Workforce Development Board

Filed: March 18, 2004


Texas Education Agency

Notice of Texas Education Agency Security Environment (TEASE) Access Required for Even Start Family Literacy Program eGrant Application

Even Start Family Literacy. The grant application for Even Start Family Literacy will only be available in the Texas Education Agency eGrants system at http://www.tea.state.tx.us/opge/egrant/index.html, with an expected publication date of April 19, 2004. All external customers and users anticipating a need to access the eGrants system to submit a competitive application under Even Start Family Literacy, or those who anticipate being part of a shared services arrangement, must have a username and password to access the eGrants system. Participants are encouraged to request Texas Education Agency Security Environment (TEASE) access no later than April 8, 2004, in order to obtain a TEASE username and password in a timely manner.

Any users who have previously applied for an eGrants TEASE username and password do not need to reapply. However, users are encouraged to review the role previously requested for their eGrants username and password to ensure it is appropriate. If the role is not correct, users will need to submit a new eGrants/expenditure report (ER) TEASE access request form indicating the change in role. If a username and password were assigned to an individual who should no longer have access, please complete the eGrants/ER TEASE access form to delete or revoke the username and password for that individual.

A TEASE username and password is required for each eGrants user, including authorized officials such as superintendents and executive directors who submit grant applications, employees or contractors who will assist in writing/completing eGrants, grant personnel who will be reporting progress on eGrants projects, and business office personnel who will be entering and/or certifying and submitting expenditure reports and requesting payment for various eGrants. For each user, a single TEASE username and password is valid for all grant expenditure reporting and all eGrants applications and is not limited to any one specific grant. Privileges listed under a role apply to all grants, progress/results reports, and expenditure reports.

To request a username and password, go to http://www.tea.state.tx.us/forms/tease/egrants_ext.htm. Attachment 1 gives detailed instructions on how to apply for eGrants and ER access.

Training Available on Texas Education Telecommunication Network (TETN). TEA is offering training via TETN (TETN Event #6718) on Friday, April 16, 2004, from 12:30 p.m. to 2:30 p.m. This training will cover the new Even Start Family Literacy grant application and will provide the opportunity for questions and answers. As space is limited, individuals planning to attend the event must reserve seating with their regional education service center.

Further Information. For clarifying information about the eGrants system or TEASE access, send questions via e-mail to eGrants@tea.state.tx.us.

TRD-200402109

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: March 24, 2004


Request for Applications Concerning Texas 21st Century Community Learning Centers Grant Program, Cycle 3

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-04-025 from local educational agencies (LEAs) including public school districts, open- enrollment charter schools and regional education service centers; community-based organizations (CBOs); and other public or private entities, non-profit or for profit, or a consortium of two or more agencies, organizations, or entities to establish or expand community learning centers. Examples of agencies and organizations now eligible under the 21st Century Community Learning Center program include, but are not limited to: non-profit agencies, city or county government agencies, faith-based organizations, institutions of higher education, and for-profit corporations. A shared services arrangement of two or more LEAs is also eligible to apply.

An application must designate the specific campus(es) that meet the eligibility requirements of the grant in order to determine the students and families to be served in the 21st Century Community Learning Center(s). Eligible campuses are those that qualify for schoolwide programs under Title I, Section 1114, or schools that have a high percentage of low-income families (40% or more students identified as economically disadvantaged). One application will be limited to not more than five community learning center(s). Centers can be located in elementary or secondary schools or similarly-accessible facilities. Each community learning center may serve students from more than one eligible campus, but an eligible campus may not be served by more than one community learning center.

Description. The purpose of the Texas 21st Century Community Learning Centers Grant Program, Cycle 3, is to provide opportunities beyond the normal school day for communities to establish or expand activities in community learning centers that: (1) provide opportunities for academic enrichment, including providing tutorial services to help children, particularly students who attend low-performing schools, meet state and local student academic achievement standards in core academic subjects, such as reading and mathematics; (2) offer students a broad array of additional services, programs, and activities, such as youth development activities; drug and violence prevention programs; counseling programs; art, music, and physical education and fitness programs; and technology education programs that are designed to reinforce and complement the regular academic program of participating students; and (3) offer families of students served by community learning centers opportunities for literacy and related educational development. Program services must be offered only when schools are not in session (before or after school, during holidays, or during summer recess). The program must be carried out in active collaboration with the schools the students attend. Applications must provide for partnerships between an LEA, a CBO, and other public or private organizations, if appropriate.

Dates of Project. Applicants should plan for a starting date of no earlier than October 1, 2004, and an ending date of no later than December 31, 2005. Applicants must begin the operation of the community learning centers no later than the beginning date of the spring semester for the 2004-2005 school year.

Project Amount. Approximately $38,310,000 is available for funding approximately 218 community learning centers during the 2004-2005 school year and the summer of 2005. The grant request may not be less than $50,000 or greater than $175,000 per center, not exceeding $875,000 for a total of five centers. Project funding in the second and third years will be based on satisfactory progress of the first and second year objectives and activities, respectively; general budget approval by the U.S. Congress; the number of centers established; the number of students and campuses served by each center; and the activities to be implemented during out-of-school time throughout the grant period. This project is funded 100% from 21st Century Community Learning Center federal funds.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant program and the extent to which the application addresses the primary objective(s) and intent of the project. Applications must address each statutory requirement as specified in the RFA and receive a basic average score of above 70 to be considered for funding. The TEA reserves the right to select from the highest ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Applicant’s Conference. Prospective applicants will be provided an opportunity to receive general and clarifying information from TEA about the scope of the Texas 21st Century Community Learning Centers Grant Program, Cycle 3, on Tuesday, April 20, 2004, from 1:00 p.m. until 4:00 p.m. on the Texas Educational Telecommunication Network (TETN) available at each regional education service center. The conference will be videotaped. Pre- conference questions may be sent by e-mail to gkidwell@tea.state.tx.us prior to April 15, 2004. Each person attending will be required to sign a register setting out the representative's name, the applicant organization represented, its name, address, and telephone number. Prospective applicants who are not able to attend the Applicant’s Conference may request a copy of the videotape at no charge from TEA's Division of Discretionary Grants Document Control Center using the contact information that follows.

Requesting the Application. A complete copy of RFA #701-04-025 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9269; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/opge/disc/index.html for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Geraldine Kidwell, Division of Discretionary Grants, Texas Education Agency, (512) 463-9068. In order to ensure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any additional information that is different from, or in addition to, information provided in the RFA or at the Applicant's Conference will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions at http://www.tea.state.tx.us/opge/disc/index.html.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, June 10, 2004, to be considered for funding.

TRD-200402108

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: March 24, 2004


Texas Commission on Environmental Quality

Enforcement Orders

An order was entered regarding Coastal Transport Company, Inc., Docket No. 2001-0847-PST-E on February 27, 2004 assessing $14,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Alfred Okpohworho, Staff Attorney at 713/422-8918, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Fort Hancock Water Control & Improvement District, Docket No. 2001-0590-MWD-E on February 27, 2004 assessing $11,250 in administrative penalties.

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

An agreed order was entered regarding Sonora Investments, L.L.C. dba Sonora Industrial Park, Docket No. 2002-0280-PWS-E on February 27, 2004 assessing $2,438 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Diana Grawitch, Staff Attorney at 512/239-0939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An order was entered regarding Afton Park Civic Improvement Association dba Afton Water System, Docket No. 2002-0735-PWS-E on February 27, 2004 assessing $1,563 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Lemanczyk, Staff Attorney at 512/239-5915, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Car Shine, Inc. dba Copperfield Car Wash, Docket No. 2002-0680-PST-E on February 27, 2004 assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin J. de Leon, Staff Attorney at 512/239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HMW Special Utility District dba Kipling Oaks Section 1, Docket No. 2002-0981-PWS-E on February 27, 2004 assessing $23,554 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lindsay Andrus, Staff Attorney at 512/239-4761, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mohammad Salman dba Stop N Drive, Docket No. 2003- 0345-PST-E on February 27, 2004 assessing $2,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lindsay Andrus, Staff Attorney at 512/239-4761, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Valero Refining-Texas, L.P., Docket No. 2003-0519- AIR-E on February 27, 2004 assessing $8,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at 713/422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Budget Rent-A-Car Of El Paso, Inc., Docket No. 2003- 0854-PST-E on February 27, 2004 assessing $800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mauricio Olaya, Enforcement Coordinator at 915/834-4967, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding David S. Smonko dba Lakeway Exxon, Docket No. 2003-0863-PST-E on February 27, 2004 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rick Ciampi, Enforcement Coordinator at 512/239-3119, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Craig E. Adams dba Circle M 2, Docket No. 2003-0873- PST-E on February 27, 2004 assessing $2,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at 817/588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City Of Galveston, Docket No. 2003-0881-PST-E on February 27, 2004 assessing $950 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at 512/239-7037, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mustang Valley Water Supply Corporation, Docket No. 2003-0574-PWS-E on February 27, 2004 assessing $788 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting David Van Soest, Enforcement Coordinator at 512/239-0468, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Beeville, Docket No. 2003-1268-PWS-E on February 27, 2004 assessing $650 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Schildwachter, Enforcement Coordinator at 512/239-2355, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Saab Petroleum Corporation dba Gordon's Chevron, Docket No. 2003-1093-PST-E on February 27, 2004 assessing $1,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael Limos, Enforcement Coordinator at 512/239-5839, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kason Automatic Transmission, Inc., Docket No. 2003- 1278-PST-E on March 1, 2004 assessing $5,400 in administrative penalties with $1,080 deferred.

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

An agreed order was entered regarding Melissa Rogers dba Bob's Town & Country Market, Docket No. 2003-0915-PST-E on February 27, 2004 assessing $2,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at 512/239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Federal Bureau of Prisons, Docket No. 2003-0366- MWD-E on February 27, 2004 assessing $5,000 in administrative penalties.

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

An agreed order was entered regarding Koch Pipeline Company, L.P., Docket No. 2003-1125- AIR-E on February 27, 2004 assessing $22,184 in administrative penalties.

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

An agreed order was entered regarding City of Ore City, Docket No. 2003-0396-MWD-E on February 27, 2004 assessing $10,751 in administrative penalties with $2,151 deferred.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at 512/239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Teppco Crude Oil, L.P., Docket No. 2003-0682-AIR-E on February 27, 2004 assessing $7,500 in administrative penalties with $1,500 deferred.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator at 512/239-2680, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Food Fast Corporation, Docket No. 2003-1142-PST-E on February 27, 2004 assessing $3,150 in administrative penalties with $630 deferred.

Information concerning any aspect of this order may be obtained by contacting Lori Thompson, Enforcement Coordinator at 903/535-5116, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Metro Suppliers, Inc. dba Great Hills Texaco, Docket No. 2003-1146-PST-E on February 27, 2004 assessing $12,000 in administrative penalties with $2,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael Limos, Enforcement Coordinator at 512/239-5839, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Palm Valley Distributing Company, Docket No. 2002- 0738-PST-E on February 27, 2004 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lindsay Andrus, Staff Attorney at 512/239-4761, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Richard Zaid dba Papa's Food Mart, Docket No. 2003- 0989-PST-E on February 27, 2004 assessing $2,460 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Christina McLaughlin at 512/239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kassam Memenji dba Sunrise Grocery 1, Docket No. 2003-0783-PST-E on February 27, 2004 assessing $3,150 in administrative penalties.

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

An agreed order was entered regarding Rakesh Jain dba Sea Isle Supermarket, Docket No. 2003- 1002-PST-E on February 27, 2004 assessing $950 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at 512/239-2680, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pirzada, Inc., Docket No. 2003-0796-PST-E on February 27, 2004 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at 512/239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Michael C. Barrilleaux dba C & M Patton Village Grocery, Docket No. 2003-1014-PST-E on February 27, 2004 assessing $2,460 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Fleming, Enforcement Coordinator at (512)239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ki Chong Dorsey dba Sun Coast Food Market, Docket No. 2003-0813-PST-E on February 27, 2004 assessing $1,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kimberly McGuire, Enforcement Coordinator at 713/422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding C.W. & A., Inc., Docket No. 2003-0816-PST-E on February 27, 2004 assessing $820 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Audra Baumgartner, Enforcement Coordinator at 361/825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An order to terminate an agreed order was entered regarding Equistar Chemicals, L.P. formerly Occidental Chemical Corporation, Docket No. 1995-0386-AIR-E on February 27, 2004.

Information concerning any aspect of this order may be obtained by contacting Rebecca Nash Petty at 512/239-3693, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Calidad Environmental Services, Inc., Docket No. 2003- 0190-IHW-E on February 27, 2004 assessing $4,080 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Thomas Greimel, Enforcement Coordinator at 512/239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding the City of San Augustine, Docket No. 2002-1120- MWD-E on February 27, 2004 assessing $23,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at 409/899-8781, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Northwest Petroleum, L.P., Docket No. 2001-1354-PST- E on February 27, 2004 assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kelly Mego, Staff Attorney at 817/588-5922, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200402094

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 24, 2004


Enforcement Orders

A default order was entered regarding Galveston Environmental Services, Inc., Docket No. 2001-0540-IHW-E on March 16, 2004 assessing $48,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jim Biggins, Staff Attorney at 210/403-4017, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Southern Utilities Company, Docket No. 2002-1088- PWS-E on March 12, 2004 assessing $36,425 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting David Speaker, Staff Attorney at 512/239-2548, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Waste Environmental Controls of South Texas, Ltd., Docket No. 2002-0679-MSW-E on March 12, 2004 assessing $5,625 in administrative penalties with $5,025 deferred.

Information concerning any aspect of this order may be obtained by contacting Snehal Patel, Staff Attorney at 713/422-8928, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding No Thi Ky Vo dba Kellys Texaco, Docket No. 2003- 0831-PST-E on March 12, 2004 assessing $3,150 in administrative penalties.

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

An agreed order was entered regarding Fort Dearborn Company, Docket No. 2003-1048-AIR-E on March 12, 2004 assessing $2,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting David Van Soest, Enforcement Coordinator at 512/239-0468, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Phuong Cong Huynh dba P & H Food No. 2, Docket No. 2003-0892-PST-E on March 12, 2004 assessing $2,100 in administrative penalties.

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

An agreed order was entered regarding WTG Gas Processing, L.P., Docket No. 2003-1095-AIR- E on March 12, 2004 assessing $2,125 in administrative penalties.

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

An agreed order was entered regarding Daren Day dba Mac's Shell, Docket No. 2003-0923-PST- E on March 12, 2004 assessing $4,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at 512/239-4489, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Thousand Trails, Inc., Docket No. 2003-0128-MWD-E on March 12, 2004 assessing $10,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at 512/239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kohettur, Inc., Docket No. 2003-0790-PST-E on March 12, 2004 assessing $2,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Fleming, Enforcement Coordinator at 512/239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding 7-Eleven, Inc., Docket No. 2003-1187-PST-E on March 12, 2004 assessing $1,150 in administrative penalties.

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

An order was entered regarding Fina Oil & Chemical Company and Fina Pipeline Company, Docket No. 1995-1004-ISW-E on March 12, 2004 assessing $48,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Booker Harrison, Staff Attorney at 512/239-4113, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200402095

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 24, 2004


Notice of District Petition

Notices mailed March 19 through March 22, 2004

TCEQ Internal Control No. 02182004-D03; K. Mill Holdings, Ltd. (Petitioner) filed a petition for creation of Montgomery County Municipal Utility District No. 98 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are two lienholders, Lakeland Development Company and Bank of Oklahoma, N.A., on the property to be included in the proposed District; (3) the proposed District will contain approximately 208.9 acres located within Montgomery County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. The Petitioner has also provided the TCEQ with a certificate evidencing the consent of Lakeland Development Company and Bank of Oklahoma, N.A. to the creation of the proposed District. By Ordinance No. 2003-1169 effective December 9, 2003, the City of Houston, Texas gave its consent to the creation of the proposed District and authorized the Petitioners to initiate proceedings to create such political subdivision within its jurisdiction. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) purchase, construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. The petition also states that the proposed District may: (1) finance one or more facilities designed or utilized to perform fire-fighting services; and (2) purchase interests in land and purchase, construct, acquire, improve, extend, maintain, and operate improvements, facilities, and equipment for the purpose of providing parks and recreational facilities permitted under State law. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $20,000,000.

TCEQ Internal Control No. 01152004-D04; Fort Bend County, Texas and Terramark Holdings, L.C. (Petitioners) filed a petition for creation of Fort Bend County Municipal Utility District No. 148 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners are the owner of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 151.59 acres located within Fort Bend County, Texas; and (4) the proposed District is within the corporate boundaries of the City of Rosenberg, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2003-58, effective October 7, 2003, the City of Rosenberg, Texas gave its consent to the creation of the proposed District and authorized the Petitioner to initiate proceedings to create such political subdivision within its jurisdiction. The petition further states that the proposed District will: (1) design, construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $9,000,000.

TCEQ Internal Control No. 02062004-D02; CW-LT I Development, L.P., Land Tejas Park Lakes East, Ltd., Wilson/Beltway, Ltd., and Brengrove Investments I, Ltd. (Petitioners) filed a petition for creation of Harris County Municipal Utility District No. 400 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners are the owners of a majority in value of the land to be included in the proposed District; (2) there are seven lienholders, Peter Gold, trustee, Texas State Bank, International Bank of Commerce, Land Tejas Development Northpointe, L.L.C., Molly R. Gunn, Perry Homes and Newmark Homes, L.P., on the property to be included in the proposed District; (3) the proposed District will contain approximately 589.82 acres located within Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. The Petitioners have also provided the TCEQ with certificates evidencing the consent of Peter Gold, trustee, Texas State Bank, International Bank of Commerce, Land Tejas Development Northpointe, L.L.C., Molly R. Gunn, Perry Homes and Newmark Homes, L.P. to the creation of the proposed District. By Ordinance No. 2004-36, effective January 27, 2004, the City of Houston, Texas gave its consent to the creation of the proposed District and authorized the Petitioners to initiate proceedings to create such political subdivision within its jurisdiction. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) purchase, construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. The petition also states that the proposed District may: (1) finance one or more facilities designed or utilized to perform fire- fighting services; and (2) purchase interests in land and purchase, construct, acquire, improve, extend, maintain, and operate improvements, facilities, and equipment for the purpose of providing parks and recreational facilities permitted under State law. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $42,080,000.

TCEQ Internal Control No. 02052004-D01; Tuscan Lakes Development II, L.P. and Tuscan Lakes Investors II, L.P. (Petitioners) filed a petition for creation of Galveston County Municipal Utility District No. 44 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are the owner of a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Texas State Bank, on the property to be included in the proposed District, and the before mentioned entity has consented to the petition; (3) the proposed District will contain approximately 435.429 acres located within Galveston County, Texas; and (4) the proposed District is within the corporate boundaries of the City of League City, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. The Petitioners have also provided the TCEQ with a certificate evidencing the consent of Texas State Bank to the creation of the proposed District. By Ordinance No. 2003-13, effective April 8, 2003, the City of League City, Texas gave its consent to the creation of the proposed District and authorized the Petitioners to initiate proceedings to create this political subdivision within its jurisdiction. The petition further states that the proposed District will: (1) design, construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $41,250,000.

TCEQ Internal Control No. 02182004-D01; R. West Development, Co., Inc. and Mac- West, Inc. (Petitioners) filed a petition for creation of Brazoria County Municipal Utility District No. 24 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners are the owner of a majority in value of the land to be included in the proposed District; (2) there are two lienholders, The Casteel Partnership and Pearland State Bank, on the property to be included in the proposed District; (3) the proposed District will contain approximately 621.6827 acres located within Brazoria County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Alvin, Texas. The Petitioners have also provided the TCEQ with a certificate evidencing the consent of The Casteel Partnership and Pearland State Bank to the creation of the proposed District. By Ordinance No. 03-RRR, effective December 18, 2003, the City of Alvin gave its consent to the creation of the proposed District and authorized the Petitioners to initiate proceedings to create such a political subdivision within its jurisdiction. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) purchase, construct, acquire, improve, maintain, and operate any additional facilities, systems, plants and enterprises consistent with the purposes for which the District is created. According to the petition, the Petitioners estimate that the cost of the project will be approximately $34,150,000.

INFORMATION SECTION

The TCEQ may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve the petitions unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

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

TRD-200402093

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 24, 2004


Notice of Water Rights Application

Notices mailed March 16, 2004 and March 18, 2004

APPLICATION NO. 5823; Brandon Bouma, dba Legacy Farms, L.P., Route 2, Box 240, Plainview, Texas 79072, applicant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicant seeks to divert and use a maximum of 600 acre-feet of water per year from Running Water Draw, tributary of the White River, tributary of the Salt Fork Brazos River, tributary of the Brazos River, Brazos River Basin, at a maximum diversion rate of 3.34 cfs (1,500 gpm), from a point located at Latitude 34.169 N, Longitude 101.643 W, approximately 3.8 miles southeast of the City of Plainview, bearing South 75.387 East, 145.73 feet from the northwest corner of Section 6, Block D-6, G.C. & S.F. Ry. Co., Certificate No. 1/79, Hale County, for storage in a proposed 10 acre-foot off-channel reservoir with a surface area of 2.715 acres for subsequent agricultural purposes to irrigate 347 acres out of a 636.835 acre tract located in the above section and block. Evidence of applicant's ownership of the 636.835 acres is evidenced in a warranty deed dated July 30, 2002 in Volume 999, Page 3399 of the Hale County Deed Records and a land survey dated December 29, 2003 from Carl Joe Williams, Registered Professional Land Surveyor of Texas No. 2120. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on November 17, 2003. Additional information and fees were received on January 2, 2004. The Executive Director of the TCEQ has reviewed the application and has declared it to be administratively complete and filed it with the Office of the Chief Clerk on January 13, 2004. Written public comments and requests for a public meeting should be received in 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.

APPLICATION NO. 5822; ICI Development, LLC, 4101 Gateway Drive, Colleyville, Texas 76034, applicant, seeks a Water Use Permit pursuant to Texas Water Code 11.143 and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicant seeks authorization to add in-place recreational use to an existing dam and reservoir pursuant to TWC 11.142 on an unnamed tributary of Little Bear Creek, tributary of the West Fork of Trinity River, tributary of the Trinity River, the Trinity River Basin in Tarrant County. The reservoir has a capacity of 38 acre-feet with a surface area 5.84 acres at normal capacity. The reservoir is located 18 miles northeast from the City of Fort Worth. The centerline of the dam is approximately S44.43 E, 1,209.9 feet from the northwest corner of the George Linney Survey, Abstract No. 939, in Tarrant County, also being 32.864 N Latitude, 97.097 W Longitude. Ownership of dam and lands is evidenced by a General Warranty Deed dated August 20, 2002, and recorded in Volume 15929, Page 0270 in the Official Records of Kendall County. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on April 28, 2003 and additional information was received on May 28, 2003, June 25, 2003, June 26, 2003, August 7, 2003, October 29, 2003, and February 12, 2004. The application was accepted for filing and declared administratively complete on February 20, 2004. 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.

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-200402092

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 24, 2004


Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on March 11, 2004, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Reola M Bonugli, Brothers' Paving Inc., Roy Soliz Backhoe Services Inc. And Ramon Soliz d/b/b R & Materials; SOAH Docket No. 582-03-1053; TCEQ Docket No. 2001-0851-MSW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Reola M Bonugli, Brothers' Paving Inc., Roy Soliz, Backhoe Services, Inc and Ramon Soliz d/b/a R & Materials on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-1455.

TRD-200402096

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 24, 2004


Request for Comments on the Revised 2004 Clean Water Act §305(b) Water Quality Inventory and the §303(d) List

The Texas Commission on Environmental Quality (commission or TCEQ) announces the availability of the Revised Draft 2004 Clean Water Act (CWA), §305(b) Water Quality Inventory and the §303(d) List. The report is an overview of the status of surface waters in the state, including concerns for public health, fitness for use by aquatic species and other wildlife, and specific pollutants and their possible sources. In addition, a draft summary is provided of water bodies that do not support beneficial uses or water quality criteria and those water bodies that demonstrate cause for concern. The report is used by TCEQ for management decisions including monitoring, planning, implementing, and funding best management practices to control pollution sources, and to develop a list of impaired waters for selecting water bodies for which total maximum daily load analyses will be initiated.

For 2004, TCEQ conducted a targeted water quality assessment and will submit an integrated report to the United States Environmental Protection Agency (EPA) following the format introduced in 2002. The report was developed using the 2000 Texas Surface Water Quality Standards adopted by TCEQ. The following aspects of the Draft 2002 report were reviewed to prepare the 2004 report using a targeted approach including: the use-attainment status for any water body was reviewed using recent data where it was demonstrated that the current listing status could be inaccurate; water bodies with concerns for water quality, and where there was insufficient data during the last assessment in 2002, were re-evaluated to identify water bodies that do not support the water quality standards (all areas of the water body were reassessed for the parameter of concern); the collection of 24-hour dissolved oxygen data is a priority for the commission and recently available data sets were evaluated for compliance with 24-hour average and minimum criteria; the use-attainment status for some water bodies was reviewed at the request of the TCEQ permits or Total Maximum Daily Load programs; when special projects were conducted that included a timely reassessment of water quality status as part of a TCEQ-approved work plan, the use-attainment status was reviewed; and changes to fish consumption advisories issued by the Texas Department of Health were identified.

The report is available on the TCEQ Web site at: http://www.tnrcc.state.tx.us/water/quality/04_twqi303d/04_index.html. Information regarding the public comment period may also be found on the Web site at: http://www.tnrcc.state.tx.us/water/quality/04_twqi303d/public_comment.html. Review and comment on individual water bodies and the summaries, as described on the Web site, are encouraged in the period before May 3, 2004.

Any data and information provided to TCEQ to refute or substantiate current assessments must be submitted in summary format, collected using approved TCEQ methods and materials, and consistent with TCEQ quality assurance requirements.

After the public comment period, TCEQ will evaluate all additional data or information received. If any additional data or information submitted influences the draft inventory, this will be reflected in the final Draft 2004 Water Quality Inventory and the §303(d) List submitted to the EPA for approval.

TCEQ will consider and respond to comments received on this revised draft, and to comments received during the January 23 - February 23 comment period, in the "Response to Comments" document posted on the Web site with the Draft 2004 Water Quality Inventory and the §303(d) List. TCEQ will not respond to comments regarding guidance issues other than those that impact changes implemented in 2004 or assessments in past years.

Individuals unable to access documents on the TCEQ Web site can contact Patrick Roques, MC-165, Texas Commission on Environmental Quality, Monitoring Operations Division, P.O. Box 13087, Austin, Texas 78711-3087. Comments must be received by 5:00 p.m. on May 3, 2004. Information must be submitted in writing and cannot be accepted by phone.

TRD-200402079

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: March 23, 2004


Office of the Governor

Request for Grant Applications (RFA) for Drug Court Program

The Criminal Justice Division (CJD) of the Governor's Office announces the availability of grants for eligible drug court programs.

Purpose: The purpose of the funding is to support drug court programs as defined in Chapter 469 of the Texas Health and Safety Code, which include the following essential characteristics:

(1) The integration of alcohol and other drug treatment services in the processing of cases in the judicial system;

(2) The use of a non-adversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;

(3) Early identification and prompt placement of eligible participants in the program;

(4) Access to a continuum of alcohol, drug, and other related treatment and rehabilitative services;

(5) Monitoring of abstinence through weekly alcohol and other drug testing;

(6) A coordinated strategy to govern program responses to participants' compliance;

(7) Ongoing judicial interaction with program participants;

(8) Monitoring and evaluation of program goals and effectiveness;

(9) Continuing interdisciplinary education to promote effective program planning, implementation, and operations; and,

(10) Development of partnerships with public agencies and community organizations.

Available Funding: State funding is authorized for these projects from amounts appropriated from the State of Texas General Revenue Fund. Total funding available for fiscal year 2005 under this RFA is $750,000.

Standards: Grantees must comply with the applicable standards adopted under Title 1, Part 1, Chapter 3, Texas Administrative Code.

Prohibitions: Grantees may not use grant funds or program income for proselytizing or sectarian worship, to provide legal services for adult offenders, or to supplant federal, state, or local funds.

Eligible Applicants: Eligible applicants are counties with existing adult, family, or juvenile drug courts and/or counties in the process of developing a drug court that meets the essential characteristics outlined in the Texas Health and Safety Code, §469.001. In addition:

(1) The presiding judge of a drug court must be an active judge holding elective office or a master. Persons eligible for appointment may not be a former or retired judicial officer.

(2) Fees collected pursuant to Texas Health and Safety Code, §469.004, are considered program income and must be used for allowable project costs as reflected in an approved budget.

(3) Pursuant to Texas Health and Safety Code, §469.006, and House Bill 1287, 77th Legislature, counties with populations over 550,000 are required to establish a drug court. Applicants from these counties must:

(a) provide documentation that they established a drug court by September 1, 2002, or have sought federal drug court funding from the U.S. Department of Justice or other federal agency; and

(b) have at least 100 participants during the first four months of operation. Applicants who do not achieve required participation levels may have their CJD grants reduced or terminated. Failure to comply may also result in all grant payments for all CJD grant projects awarded to the county being placed on temporary hold.

(4) The applicant must ensure that grant funds will not be used to supplant federal, state, or local funds. Applicants may apply to use state drug court funds to provide a portion of the required twenty-five percent cash match for new federal grants.

Project Period: Grant-funded projects must begin on or after September 1, 2004, and will expire on or before August 31, 2005.

Application Process: Eligible applicants can download an application kit from the Office of the Governor's web site address at http://www.governor.state.tx.us.

Preferences: Preference will be given to continuation projects and projects that have pursued federal funds.

Closing Date for Receipt of Applications: All applications must be submitted electronically to the Office of the Governor, Criminal Justice Division via e-mail at cjdapps@governor.state.tx.us on or before June 1, 2004. Applicants must also submit the "Grant Application Certification Form" signed by the Authorized Official directly via facsimile at (512) 475-2440 to the Office of the Governor, Criminal Justice Division on or before June 1, 2004.

Selection Process: Completed applications will be reviewed by CJD staff and awarded based on eligibility and available funding. The executive director of CJD will make all final funding decisions.

Contact Person: If additional information is needed, contact Colleen Benefield at cbenefield@governor.state.tx.us or at (512) 463-1919.

TRD-200402073

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: March 22, 2004


Texas Department of Health

Licensing Actions for Radioactive Materials

TRD-200402076

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 23, 2004


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Gonzalez Chiropractic of El Paso

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Gonzalez Chiropractic (registrant-R19134) of El Paso. A total penalty of $9,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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-200402077

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 23, 2004


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Steeplechase Diagnostic and MRI Center, Inc. of Houston

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Steeplechase Diagnostic and MRI Center, Inc. (registrant-M00152) of Houston. A total penalty of $4,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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-200402078

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 23, 2004


Texas Department of Housing and Community Affairs

Announcement of the Public Comment Period for the 2004 State of Texas Consolidated Plan Annual Performance Report - Reporting on Program Year 2003 - Draft for Public Comment

The Texas Department of Housing and Community Affairs ("the Department") announces the opening of a seventeen-day public comment period for the State of Texas 2004 Consolidated Plan Annual Performance Report - Reporting on Program Year 2003 - Draft for Public Comment as required by the U.S. Department of Housing and Urban Development (HUD) as part of the overall requirements governing the State’s consolidated planning process. The State of Texas 2004 Consolidated Plan Annual Performance Report - Reporting on Program Year 2003 - Draft for Public Comment is submitted in compliance with 24 CFR 91.520 Consolidated Plan Submissions for Community Planning and Development Programs made effective on January 5, 1995. The seventeen-day public comment period begins April 2, 2004 and continues until 5:00 p.m., April 19, 2004.

The State of Texas 2004 Consolidated Plan Annual Performance Report - Reporting on Program Year 2003 - Draft for Public Comment gives the Texas Department of Housing and Community Affairs an opportunity to evaluate its accomplishments during the past program year for the HOME Investment Partnerships program and the Emergency Shelter Grant (ESG) program. It also gives the Office of Rural Community Affairs and the Department of Health an opportunity to evaluate their accomplishments during the past program year for the Community Development Block Grant (CDBG) program and the Housing Opportunities for Persons with AIDS (HOPWA) program, respectively. The Plan includes the following: a summary of resources and programmatic accomplishments for each of the four programs covered in the Consolidated Plan; a series of narrative statements about various aspects of the Department’s performance over the past program year; and a qualitative analysis of the Department’s actions and experiences. The Department also addresses its success in meeting each of the goals and objectives set forth in the 2001-2003 State of Texas Consolidated Plan.

Beginning April 2, 2004, the State of Texas 2004 Consolidated Plan Annual Performance Report - Reporting on Program Year 2003 - Draft for Public Comment will be available on the Department's website at www.tdhca.state.tx.us. A hard copy can be requested by contacting the Center for Housing Research, Planning, and Communications at P.O. Box 13941, Austin, TX 78711-3941, or (512) 475-3976.

Written comment is encouraged and should be sent to the Texas Department of Housing and Community Affairs, Center for Housing Research, Planning, and Communications, P.O. Box 13941, Austin, TX 78711-3941. For more information or to order copies of the State of Texas 2004 Consolidated Plan Annual Performance Report - Reporting on Program Year 2003 - Draft for Public Comment please contact the Center for Housing Research, Planning, and Communications at (512) 475-3976 or email at clandry@tdhca.state.tx.us

TRD-200402105

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 24, 2004


Multifamily Housing Revenue Bonds (Tranquility Bay Apartments) Series 2004

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Silverlake Elementary School, 2550 County Road 90, Pearland, Texas 77584, at 6:00 p.m. on April 20, 2004 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $14,600,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Tranquility Housing, Ltd, a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: 246-unit multifamily residential rental development to be located to the north of CR 91 (Fite Road), to the south of F.M. 518 (West Broadway) and southeast of the intersection of West Broadway and Oak Road, at approximately 4800 CR 91 (Fite Road), Pearland, Brazoria County, Texas 77581. The Development initially will be owned by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Robbye Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-2213; and/or robbye.meyer@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Robbye Meyer in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Robbye Meyer at least three days prior to the hearing date.

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200402089

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 23, 2004


Houston-Galveston Area Council

Public Meeting Notice

Public Hearing on the Draft 2025 Regional Transportation Plan

Houston-Galveston Area Council

3555 Timmons Lane

Houston, Texas 77027

Tuesday, April 13, 2004

2nd Floor, Conference Room A

6 p.m. - 8 p.m.

On Tuesday, April 13, 2004, the Houston-Galveston Area Council (H-GAC) will host a public hearing on the Draft 2025 Regional Transportation Plan (RTP). The 2025 RTP provides a framework for identifying transportation priorities and major transportation challenges, such as regional mobility, air quality and safety. The public is encouraged to attend this important meeting and provide comments to H-GAC on the draft plan.

The public comment period on the Draft 2025 RTP began Friday, March 19, 2004 . Comments must be received by H-GAC no later than 5 p.m., Monday, April 19, 2004 . Copies of the Draft 2025 RTP are available on H-GAC's Transportation Web site, www.h-gac.com/transportation , or by calling Ursurla Williams at (713) 993-2455. Written comments may be submitted to Alan Clark, MPO Director, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227-2777, emailed to alan.clark@h-gac.com or faxed to (713) 993-4508.

In compliance with the Americans with Disabilities Act, H-GAC will provide for reasonable accommodations for persons with disabilities attending H-GAC functions. Requests should be received by H-GAC 24 hours prior to the function. Call Kim Green at (713) 993-4577 to make arrangements.

TRD-200402101

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: March 24, 2004


Texas Department of Insurance

Company Licensing

Application to change the name of CNA GROUP LIFE ASSURANCE COMPANY to HARTFORD LIFE GROUP INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Chicago, Illinois.

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

TRD-200402104

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 24, 2004


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 INSURANCE SPECIALISTS, INC. (using the assumed name of GEORGIA INSURANCE SPECIALISTS, INC.), a foreign third party administrator. The home office is NORCROSS, GEORGIA.

Application for admission to Texas of CREATIVE BENEFITS, INC., (using the assumed name of CBI Benefits Administrators, Inc.),a foreign third party administrator. The home office is Vista, California.

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-200402103

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 24, 2004


Legislative Budget Board

Request for Proposals for Regional Education Service Centers

The Legislative Budget Board (LBB) announces the issuance of a Request for Proposals (RFP #HB7.2004.SPR.0005) from qualified, independent firms to provide consulting services to the LBB. The successful respondent will assist the LBB in conducting a management and performance review of the Regional Education Service Centers. The LBB reserves the right, in its sole discretion, to award one or more contracts for this review. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about May 28, 2004, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact John O'Brien, Deputy Director, Legislative Budget Board, 1501 N. Congress, Fifth Floor, Austin, Texas 78701, telephone number: (512) 463-1200, to obtain a copy of the RFP. The LBB will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick up at the above-referenced address on March 19, 2004, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The LBB also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 10:00 a.m. CZT, on March 19, 2004.

Questions: All questions regarding the RFP must be sent via facsimile to Mr. O'Brien at: (512) 475-2902, not later than 2:00 p.m. CZT, on Monday, April 5, 2004. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than April 8, 2004, or as soon thereafter as practical.

Closing Date: Proposals must be received in the issuing office at the address specified above no later than 2:00 p.m. CZT, on April 19, 2004. Proposals received after this time and date will not be considered. Respondents shall be solely responsible for confirming the timely receipt of proposals.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The LBB will make the final decision regarding the award of a contract or contracts. The LBB reserves the right to award one or more contracts under this RFP.

The LBB reserves the right to accept or reject any or all proposals submitted. The LBB is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. The LBB shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows:

Issuance of RFP - March 19, 2004, 10:00 a.m. CZT;

Questions Due - April 5, 2004, 2:00 p.m. CZT;

Official Responses to Questions Posted - April 8, 2004, or as soon thereafter as practical;

Proposals Due - April 19, 2004, 2:00 p.m. CZT;

Contract Execution - May 3, 2004, or as soon thereafter as practical;

Commencement of Project Activities - May 28, 2004, or as soon thereafter as practical.

TRD-200402097

John O'Brien

Deputy Director

Legislative Budget Board

Filed: March 24, 2004


Request for Proposals for South San Antonio ISD

The Legislative Budget Board (LBB) announces the issuance of a Request for Proposals (RFP #HB7.2004.SPR.0004) from qualified, independent firms to provide consulting services to the LBB. The successful respondent will assist the LBB in conducting a management and performance review of South San Antonio Independent School District (South San Antonio ISD). The LBB reserves the right, in its sole discretion, to award one or more contracts for this review. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about April 29, 2004, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact John O'Brien, Deputy Director, Legislative Budget Board, 1501 N. Congress, Fifth Floor, Austin, Texas 78701, telephone number: (512) 463-1200, to obtain a copy of the RFP. The LBB will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick up at the above-referenced address on March 5, 2004, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The LBB also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 10:00 a.m. CZT, on March 5, 2004.

Questions: All questions regarding the RFP must be sent via facsimile to Mr. O'Brien at: (512) 475-2902, not later than 2:00 p.m. CZT, on Monday, March 22, 2004. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than March 23, 2004, or as soon thereafter as practical.

Closing Date: Proposals must be received in the issuing office at the address specified above no later than 2:00 p.m. CZT, on April 6, 2004. Proposals received after this time and date will not be considered. Respondents shall be solely responsible for confirming the timely receipt of proposals.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The LBB will make the final decision regarding the award of a contract or contracts. The LBB reserves the right to award one or more contracts under this RFP.

The LBB reserves the right to accept or reject any or all proposals submitted. The LBB is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. The LBB shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows:

Issuance of RFP - March 5, 2004, 10:00 a.m. CZT;

Questions Due - March 22, 2004, 2:00 p.m. CZT;

Official Responses to Questions Posted - March 23, 2004, or as soon thereafter as practical;

Proposals Due - April 6, 2004, 2:00 p.m. CZT;

Contract Execution - April 13, 2004, or as soon thereafter as practical;

Commencement of Project Activities - April 29, 2004, or as soon thereafter as practical.

TRD-200402091

John O'Brien

Deputy Director

Legislative Budget Board

Filed: March 24, 2004


Request for Proposals for Texas A&M University

The Legislative Budget Board (LBB) announces the issuance of a Request for Proposals (RFP #HB7.2004.HE.0001) from qualified, independent firms to provide consulting services to the LBB. The successful respondent will assist the LBB in conducting a management and performance review of Texas A&M University. The LBB reserves the right, in its sole discretion, to award one or more contracts for this review. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about May 14, 2004, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact John Barton, Legislative Budget Board, 1501 N. Congress, Fifth Floor, Austin, Texas 78701, telephone number: (512) 463-1200, to obtain a copy of the RFP. The LBB will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick up at the above-referenced address on March 5, 2004, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The LBB also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 10:00 a.m. CZT, on March 5, 2004.

Questions: All questions regarding the RFP must be sent via facsimile to Mr. Barton at: (512) 475-2902, not later than 2:00 p.m. CZT, on Thursday, March 11, 2004. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than March 19, 2004, or as soon thereafter as practical.

Closing Date: Proposals must be received in the issuing office at the address specified above no later than 2:00 p.m. CZT, on April 2, 2004. Proposals received after this time and date will not be considered. Respondents shall be solely responsible for confirming the timely receipt of proposals.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The LBB will make the final decision regarding the award of a contract or contracts. The LBB reserves the right to award one or more contracts under this RFP.

The LBB reserves the right to accept or reject any or all proposals submitted. The LBB is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. The LBB shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows:

Issuance of RFP - March 5, 2004, 10:00 a.m. CZT;

Questions Due - March 11, 2004, 2:00 p.m. CZT;

Official Responses to Questions Posted - March 19, 2004, or as soon thereafter as practical;

Proposals Due - April 2, 2004, 2:00 p.m. CZT;

Contract Execution - April 23, 2004, or as soon thereafter as practical;

Commencement of Project Activities - May 14, 2004, or as soon thereafter as practical.

TRD-200402099

John O'Brien

Deputy Director

Legislative Budget Board

Filed: March 24, 2004


Request for Proposals for University of Texas, Austin

The Legislative Budget Board (LBB) announces the issuance of a Request for Proposals (RFP #HB7.2004.HE.0002) from qualified, independent firms to provide consulting services to the LBB. The successful respondent will assist the LBB in conducting a management and performance review of the University of Texas at Austin. The LBB reserves the right, in its sole discretion, to award one or more contracts for this review. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about May 28, 2004, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact Bill Parr, Legislative Budget Board, 1501 N. Congress, Fifth Floor, Austin, Texas 78701, telephone number: (512) 463-1200, to obtain a copy of the RFP. The LBB will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick up at the above-referenced address on March 5, 2004, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The LBB also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 10:00 a.m. CZT, on March 5, 2004.

Closing Date: Proposals must be received in the issuing office at the address specified above no later than 2:00 p.m. CZT, on April 16, 2004. Proposals received after this time and date will not be considered. Respondents shall be solely responsible for confirming the timely receipt of proposals.

Questions: All questions regarding the RFP must be sent via facsimile to Mr. Parr at: (512) 475-2902, not later than 2:00 p.m. CZT, on Thursday, March 11, 2004. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than March 19, 2004, or as soon thereafter as practical.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The LBB will make the final decision regarding the award of a contract or contracts. The LBB reserves the right to award one or more contracts under this RFP.

The LBB reserves the right to accept or reject any or all proposals submitted. The LBB is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. The LBB shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows:

Issuance of RFP - March 5, 2004, 10:00 a.m. CZT;

Questions Due - March 11, 2004, 2:00 p.m. CZT;

Official Responses to Questions Posted - March 19, 2004, or as soon thereafter as practical;

Proposals Due - April 16, 2004, 2:00 p.m. CZT;

Contract Execution - May 6, 2004, or as soon thereafter as practical;

Commencement of Project Activities - May 28, 2004, or as soon thereafter as practical.

TRD-200402100

John O'Brien

Deputy Director

Legislative Budget Board

Filed: March 24, 2004


Nortex Regional Planning Commission

Request for Proposal

Nortex Regional Planning Commission is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal year ending September 30, 2004, with the option of auditing its financial statements for each of the three subsequent fiscal years. These audits are to be performed in accordance with generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants, OMB Circular A-133, and the State of Texas Single Audit Circular.

To obtain copies of this Request for Proposals, please contact Joyce Reynolds, Nortex Regional Planning Commission, P.O. Box 5144, Wichita Falls, Texas 76307, telephone (940) 322-5281. A bidder's conference is scheduled for April 27, 2004, 2:00 p.m., CST, at the offices of Nortex Regional Planning Commission, 4309 Jacksboro Highway, Suite 200, Wichita Falls, Texas 76302 to answer any and all questions. All proposals must be received no later than 4:30 p.m., CST, on May 25, 2004. Proposals received after the specified date and time will not be considered.

TRD-200402026

Dennis Wilde

Executive Director

Nortex Regional Planning Commission

Filed: March 18, 2004


Texas Department of Public Safety

Public Hearing Notice

The Texas Department of Public Safety in accordance with Administrative Procedure and Texas Register Act, Texas Government Code, Chapter 2001 et seq., and Texas Transportation Code, Chapter 548, is holding a public hearing on Tuesday, April 13, 2004, at 9:00 a.m. at the Texas Department of Public Safety Criminal Law Enforcement Building (Building E), in the Auditorium, 6100 Guadalupe Street, Austin, Texas 78773. Visitor parking is available, but limited, in the department parking lot.

The purpose of the hearing is to receive comments from all interested persons regarding adoption of amendments to two administrative rules proposed for adoption by the department. The rules are: §21.1, concerning Standards for Vehicle Equipment; and §23.15, concerning Inspection Station and Certified Inspector Denial, Revocation, Suspensions, and Administrative Hearings. These rules are proposed for adoption under the authority of Texas Transportation Code, Chapters 547 and 548. The proposed rules were published in the March 5, 2004, issue of the Texas Register (29 TexReg 2261 and 2265).

The hearing is in response to a request for public hearings received from the Texas State Inspection Association.

To facilitate seating at the public hearing, persons interested in attending are encouraged to submit advance written notice of their intent to attend the hearing. Persons making comments, to insure consideration of those comments, are encouraged to submit them in written form at or before the hearing. To accommodate these comments, the public comment period is extended until April 13, 2004, 5:00 p.m. All correspondence should be addressed to E. Eugene Summerford, Legal Counsel, Vehicle Inspections and Emissions, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0543 or by fax at (512) 424-2774. To be included all correspondence must be received no later than 5:00 p.m. on April 13, 2004 and should refer to "Proposed Rule 37 TAC §23.15" and/or "Proposed Rule 37 TAC §21.1" in the subject line or at the beginning of the text.

Individual comments may be limited to five minutes in duration, depending upon the number of attendees.

Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, Braille, are requested to contact E. Eugene Summerford at (512) 424-2777, three work days prior to the meeting so that appropriate arrangements can be made.

TRD-200402064

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: March 22, 2004


Public Utility Commission of Texas

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

On March 15, 2004, Tiagris Corporation 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 60461. Applicant intends to reflect a change in ownership/control, and a name change.

The Application: Application of Tiagris Corporation for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29460.

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 April 7, 2004. 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 29460.

TRD-200402012

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 17, 2004


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

On March 18, 2004, Focal Communications Corporation of Texas 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 60232. Applicant intends to reflect a change in ownership/control.

The Application: Application of Focal Communications Corporation of Texas for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29477.

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 April 7, 2004. 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 29477.

TRD-200402086

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 2004


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 11, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of Centel Communications for a Service Provider Certificate of Operating Authority, Docket Number 29453 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by SBC Texas, Verizon Southwest, and United Telephone Company of Texas, Incorporated, doing business as Sprint.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 7, 2004. 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 29453.

TRD-200402025

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 18, 2004


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 15, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of Image Access, Incorporated, doing business as NewPhone, for a Service Provider Certificate of Operating Authority, Docket Number 29467 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by SBC Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 7, 2004. 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 29467.

TRD-200402014

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 18, 2004


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 18, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of Connect Insured Telephone Incorporated, doing business as Connect I.T. for a Service Provider Certificate of Operating Authority, Docket Number 29481 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, T1-Private Line, and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by the Houston Local Access and Transport Area.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 7, 2004. 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 29481.

TRD-200402087

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 2004


Notice of Application for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on March 19, 2004, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of Verizon Wireless' request for 2,000 additional telephone numbers.

Docket Title and Number: Petition of Verizon Wireless for Review of Pooling Administrator's Denial of Application for Numbering Resources. Docket Number 29486.

The Application: Verizon Wireless requested the commission review and reverse the NANPA or Neustar denial of its request for additional telephone numbers in the Longview and Granbury rate centers.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 16, 2004. 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 29486.

TRD-200402088

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 2004


Notice of Petition for Rulemaking to Address Municipal Authorized Review of Access Line Reporting

The Public Utility Commission of Texas (commission) received a petition for rulemaking on March 23, 2004, from the City of Dallas (City). The City requested that the commission initiate a rulemaking to address municipal authorized review of access line reporting. The petition is assigned Project Number 29498, The City of Dallas Request to Initiate Rulemaking to Address Municipal Authorized Review of Access Line Reporting . Under the Administrative Procedure Act, Texas Government Code §2001.021, the commission shall, not later than the 60th day after the date the petition is filed, either deny the petition in writing, stating its reasons for denial, or initiate a rulemaking proceeding.

The City proposes a new rule, §26.469, to be entitled Municipal Authorized Review of a Certificated Telecommunication Provider's Business Records . The new rule would establish uniform guidelines for a municipal authorized review of a certified telecommunications provider's access line reports, pursuant to Texas Local Government Code, Chapter 283.

Comments on the petition may be filed no later than 3:00 p.m. on Friday, April 23, 2004. 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 29498.

Questions regarding this notice of petition should be directed to Mark Gladney, Staff Attorney, Legal and Enforcement Division, at (512) 936-7234, or Adriana Gonzales, Rules Coordinator, Policy Development Division, at (512) 936-7223. 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 29498.

TRD-200402102

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 24, 2004


Revised Request for Proposals for Market Information Services to the Commission Pursuant to Texas Utilities Code, Subchapter F

The Public Utility Commission of Texas (commission or PUCT) is issuing a Request for Proposals (RFP) related to the determination of a control premium for valuation of electric utility stranded costs. This RFP is issued pursuant to the PUCT's authority under Title II, Texas Utilities Code, §39.262.

To be considered, the proposals must arrive at the PUCT on or before 3:00 p.m., C.S.T., Friday, April 16, 2004. The commission expects to designate a vendor on or before May 5, 2004, and the vendor must be prepared to commence service during the month of May, 2004.

Project description. The Public Utility Regulatory Act (PURA) Chapter 39 (specifically, §§39.001, 39.201, 39.252, and 39.262) allows electric utilities with generation-related assets to recover the reasonable excess costs over the market value of those assets. Electric utilities having such costs (called "stranded costs") are eligible to file for recovery of these costs in docketed true-up proceedings beginning in 2004. In these proceedings, the amount of a utility's recoverable stranded costs will be determined by comparing the book value of its generation assets to the market value of those assets. PURA §39.262(h) sets out certain methods by which utilities may determine the market valuation of their generation assets. One of these valuation methodologies--the Partial Stock Valuation Method--allows for the commission to convene a valuation panel of three financial experts for the purpose of determining whether the price of the common stock of a transferee corporation holding the generation assets reflects a fair market valuation of the total common stock equity or whether a control premium exists for the retained interest. If the panel determines that a control premium exists for the retained interest, the panel will determine the amount of the control premium. To the extent that the valuation panel determines that a control premium exists, the amount of market valuation ascribed to a utility's generation assets will be higher, and in turn the amount of stranded costs to be recovered by the utility from rate payers will be lower. The costs and expenses of the panel, as approved by the commission, will be paid by the transferee corporation.

Interested respondents may wish to review PURA §39.262 and PUCT Substantive Rule §25.263 (True-up Proceeding) in their entirety and other relevant PUCT rules and statutes that are available on the PUCT website at www.puc.state.tx.us/rules/index.cfm.

Eligible Proposers. Pursuant to PURA §39.262(h)(3), which sets forth the eligibility criteria for the valuation panel, the PUCT is requesting proposals from the top 10 nationally recognized investment banks with demonstrated experience in the United States electric industry as indicated by the dollar amount of public offerings of long-term debt and equity of United States investor-owned electric companies over the immediately preceding three years as ranked by the publications Securities Data or Institutional Investor or their successors. As determined by Thomson Media--the acquiring company of Securities Data --for the years 2001, 2002, and 2003, the ten investment banks meeting the above criteria were:

Citigroup

Lehman Brothers

Credit Suisse First Boston

Morgan Stanley

Goldman Sachs & Company

Merrill Lynch & Company

JP Morgan

Barclays Capital

Bank of America Securities LLC

UBS

Price. Costs must be justified in terms of activities and objects of expenditure and must be reasonable and necessary to provide the required services. Services to be purchased from subcontractors, including any amounts subcontracted to historically underutilized businesses (HUBs); consultants; and other entities must be specified. If a proposer believes that there are additional tasks critical to this RFP, the proposer should recommend those tasks and why the additional tasks are needed. The commission prefers that the proposed costs be stated on a fixed-fee basis, inclusive of expenses.

Selection criteria. The evaluation team will recommend selection of a proposal for this program based on 1) the proposer's ability to provide the required services, 2) demonstrated competence and qualifications of the proposer and the panelists, and 3) the reasonableness of the proposed fee. A team of staff evaluators will review all the proposals submitted. A complete description of selection criteria is set forth in the RFP. Proposers will be notified in writing of the selection.

Requesting the proposal. A complete copy of the RFP may be obtained by written request to Bob Saathoff, Director of Accounting, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, TX 78701, or by fax (512) 936-7058, or by email bob.saathoff@puc.state.tx.us. The RFP will be available Friday, April 2, 2004 and will be mailed on that date to all parties who have requested a copy. You may also download the RFP from the PUCT website www.puc.state.tx.us, under Hot Topics, and from the Electronic Business Daily website sponsored by the Texas Department of Economic Development at www.marketplace.state.tx.us.

Deadline for receipt of proposals. Proposals must be received no later than 3:00 p.m. on Friday, April 16, 2004, in the Public Utility Commission of Texas Central Records, Room G-113, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, TX 78701. Proposals received in Central Records after 3:00 p.m. on Friday, April 16, 2004 will not be considered. Proposals may be received in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on holidays. Regardless of the method of submission of the proposal, the commission will rely solely on the time/date stamp of Central Records in establishing the time and date of receipt. Proposals should be filed under Project Number 29078.

TRD-200402085

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 2004


Office of Rural Community Affairs

Feasibility Study Grant, FY 2004

The Office of Rural Community Affairs (Office) announces the availability of the Feasibility Study Grant to assist small rural hospital determine the financial and non-financial impact of the Critical Access Hospital (CAH) designation.

PROGRAM PURPOSE

The purpose of the Feasibility Study Grant Program is to assist small rural hospitals in Texas assess the impact and benefit of converting to a Critical Access Hospital. The Office provides funding assistance to support studies that evaluate the financial and non-financial impact of the CAH designation, including identifying opportunities and strategies for improving financial performance and growth, increasing operational efficiency and productivity, enhancing systems and processes to improve quality of care, and positioning programs and services to meet current and future community needs.

AWARD AMOUNT

Funds for the Feasibility Study Grant are made available through the Rural Medicare Hospital Flexibility (Flex) Program. Awards will be given in amounts not exceeding $5,000 per grant to pay for the cost of conducting the feasibility study; however, the Office will only reimburse grantees for the actual cost of the study up to $5,000.

USE OF FUNDS

Funds may only be used to pay for the cost of the feasibility study. The Office will reimburse the grantee for the actual cost of the study up to $5,000. Funds cannot be used to pay for costs incurred for work performed by the Board or staff of the hospital/facility. The Office will not reimburse for any cost incurred by the applicant prior to the date of the executed contract, which is the date that the contract is signed by the Executive Director of the Office or his designee.

ELIGIBILITY REQUIREMENTS

Only hospitals located in a non-metropolitan (rural or frontier) county (see Rural-Metro County Designation map at www.orca.state.tx.us/maps/index.htm) as defined by the federal Office of Management and Budget (OMB) are eligible to apply for the Feasibility Study Grant. Preference will be given to hospitals located in a frontier area and those with 50 or fewer beds. Facilities that have been awarded the Feasibility Study Grant in the past and those that have submitted an application requesting the CAH designation are not eligible for funding consideration.

APPLICATION DEADLINE

Applications must be post-marked on or received by the Office of Rural Community Affairs by 4/30/04 to be considered for funding. Applications submitted electronically or by facsimile transmission will not be accepted.

PROGRAM CONTACT

The program guide and application for Feasibility Study Grant is available at: www.orca.state.tx.us. Address questions and submit the completed, signed application to:

Quang Ngo

CAH/Flex Program Coordinator

Office of Rural Community Affairs

1700 N. Congress, Suite 220

Phone: (512) 936-6729

Email: qngo@orca.state.tx.us

TRD-200402084

Robt. J. "Sam" Tessen

Executive Director

Office of Rural Community Affairs

Filed: March 23, 2004


Texas A&M University, Board of Regents

Request for Proposal

Texas A&M University seeks proposals from consulting firms to provide analysis, evaluation and recommendations for the Energy Management Program within the Physical Plant Department.

Information may be obtained by contacting:

Paul Barzak

Assistant Director of Purchasing Services

Texas A&M University

P.O. Box 30013

College Station, Texas 77842-0013

or e-mail at pbarzak@tamu.edu

Selection criteria will include competence, experience, knowledge, qualification and reasonableness of price. Proposals must be received on or before 2:00 p.m., April 7, 2004.

TRD-200402013

Vickie Burt Spillers

Executive Secretary to the Board

Texas A&M University, Board of Regents

Filed: March 17, 2004


Texas Department of Transportation

Public Notice--Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site:

http://www.dot.state.tx.us

Click on Aviation, click on Aviation Public Hearing. Or, contact Karon Wiedemann, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4520 or 800-68-PILOT.

TRD-200402050

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: March 19, 2004


Texas Workers' Compensation Commission

Invitation to Apply to the Medical Advisory Committee (MAC)

The Texas Workers' Compensation Commission seeks to have a diverse representation on the MAC and invites all qualified individuals from all regions of Texas to apply for openings on the MAC in accordance with the eligibility requirements of the Procedures and Standards for the Medical Advisory Committee. The Medical Review Division is currently accepting applications for the following Medical Advisory Committee vacancies:

Primary

* Dentist

* Employer

* General Public 1

Alternate

* Public Health Care Facility Representative

* Dentist

* Pharmacist,

* Employer

* General Public 1

* Insurance Carrier

Commissioners for the Texas Workers' Compensation Commission appoint the Medical Advisory Committee members who are composed of 18 primary and 18 alternate members representing health care providers, employees, employers, insurance carriers, and the general public. Primary members are required to attend all Medical Advisory Committee meetings, subcommittee meetings, and work group meetings to which they are appointed. The alternate member may attend all meetings, however during a primary member's absence, the alternate member must attend all meetings to which the primary member is appointed. Requirements and responsibilities of members are established in the Procedures and Standards for the Medical Advisory Committee as adopted by the Commission.

The Medical Advisory Committee meetings must be held at least quarterly each fiscal year during regular Commission working hours. Members are not reimbursed for travel, per diem, or other expenses associated with Committee activities and meetings.

The purpose and task of the Medical Advisory Committee, which includes advising the Commission's Medical Review Division on the development and administration of medical policies, rules and guidelines, are outlined in the Texas Workers' Compensation Act, §413.005.

Applications and other relevant Medical Advisory Committee information may be viewed and downloaded from the Commission's website at http://www.twcc.state.tx.us and then clicking on Calendar of Commission Meetings, Medical Advisory Committee. Applications may also be obtained by calling Jane McChesney, MAC Coordinator, at 512-804-4855 or R. L. Shipe, Director, Medical Review, at 512-804-4802.

The qualifications as well as the terms of appointment for all positions are listed in the Procedures and Standards for the Medical Advisory Committee. These Procedures and Standards are as follows:

LEGAL AUTHORITY. The Medical Advisory Committee for the Texas Workers' Compensation Commission, Medical Review Division is established under the Texas Workers' Compensation Act, (the Act) §413.005.

PURPOSE AND ROLE. The purpose of the Medical Advisory Committee (MAC) is to bring together representatives of health care specialties and representatives of labor, business, insurance and the general public to advise the Medical Review Division in developing and administering the medical policies, fee guidelines, and the utilization guidelines established under §413.011 of the Act.

COMPOSITION Membership. The composition of the committee is governed by the Act, as it may be amended. Members of the committee are appointed by the Commissioners and must be knowledgeable and qualified regarding work-related injuries and diseases.

Members of the committee shall represent specific health care provider groups and other groups or interests as required by the Act, as it may be amended. As of September 1, 2001, these members include a public health care facility, a private health care facility, a doctor of medicine, a doctor of osteopathic medicine, a chiropractor, a dentist, a physical therapist, a podiatrist, an occupational therapist, a medical equipment supplier, a registered nurse, and an acupuncturist. Appointees must have at least six (6) years of professional experience in the medical profession they are representing and engage in an active practice in their field.

The Commissioners shall also appoint the other members of the committee as required by the Act, as it may be amended. An insurance carrier representative may be employed by: an insurance company; a certified self-insurer for workers' compensation insurance; or a governmental entity that self-insures, either individually or collectively. An insurance carrier member may be a medical director for the carrier but may not be a utilization review agent or a third party administrator for the carrier.

A health care provider member, or a business the member is associated with, may not derive more than 40% of its revenues from workers compensation patients. This fact must be certified in their application to the MAC.

The representative of employers, representative of employees, and representatives of the general public shall not hold a license in the health care field and may not derive their income directly from the provision of health care services.

The Commissioners may appoint one alternate representative for each primary member appointed to the MAC, each of whom shall meet the qualifications of an appointed member.

Terms of Appointment: Members serve at the pleasure of the Commissioners, and individuals are required to submit the appropriate application form and documents for the position. The term of appointment for any primary or alternate member will be two years, except for unusual circumstances (such as a resignation, abandonment or removal from the position prior to the termination date) or unless otherwise directed by the Commissioners. A member may serve a maximum of two terms as a primary, alternate or a combination of primary and alternate member. Terms of appointment will terminate August 31 of the second year following appointment to the position, except for those positions that were initially created with a three-year term. For those members who are appointed to serve a part of a term that lasts six (6) months or less, this partial appointment will not count as a full term.

Abandonment will be deemed to occur if any primary member is absent from more than two (2) consecutive meetings without an excuse accepted by the Medical Review Division Director. Abandonment will be deemed to occur if any alternate member is absent from more than two (2) consecutive meetings which the alternate is required to attend because of the primary member's absence without an excuse accepted by the Medical Review Division Director.

The Commission will stagger the August 31st end dates of the terms of appointment between odd and even numbered years to provide sufficient continuity on the MAC.

In the case of a vacancy, the Commissioners will appoint an individual who meets the qualifications for the position to fill the vacancy. The Commissioners may re-appoint the same individual to fill either a primary or alternate position as long as the term limit is not exceeded. Due to the absence of other qualified, acceptable candidates, the Commissioners may grant an exception to its membership criteria, which are not required by statute.

RESPONSIBILITY OF MAC MEMBERS Primary Members. Make recommendations on medical issues as required by the Medical Review Division.

Attend the MAC meetings, subcommittee meetings, and work group meetings to which they are appointed.

Ensure attendance by the alternate member at meetings when the primary member cannot attend.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies.

Alternate Members. Attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed during the primary member's absence.

Maintain knowledge of MAC proceedings.

Make recommendations on medical issues as requested by the Medical Review Division when the primary member is absent at a MAC meeting.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies when the primary member is absent from a MAC meeting.

Committee Officers. The chairman of the MAC is designated by the Commissioners. The MAC will elect a vice chairman. A member shall be nominated and elected as vice chairman when he/she receives a majority of the votes from the membership in attendance at a meeting at which nine (9) or more primary or alternate members are present.

Responsibilities of the Chairman. Preside at MAC meetings and ensure the orderly and efficient consideration of matters requested by the Medical Review Division.

Prior to a MAC meeting confer with the Medical Review Division Director, and when appropriate, the TWCC Executive Director to receive information and coordinate:

a. Preparation of a suitable agenda.

b. Planning MAC activities.

c. Establishing meeting dates and calling meetings.

d. Establishing subcommittees.

e. Recommending MAC members to serve on subcommittees.

If requested by the Commission, appear before the Commissioners to report on MAC meetings.

COMMITTEE SUPPORT STAFF. The Director of Medical Review will provide coordination and reasonable support for all MAC activities. In addition, the Director will serve as a liaison between the MAC and the Medical Review Division staff of TWCC, and other Commission staff if necessary.

The Medical Review Director will coordinate and provide direction for the following activities of the MAC and its subcommittees and work groups:

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

Maintaining tracking reports of actions taken and issues addressed by the MAC.

Maintaining attendance records.

SUBCOMMITTEES. The chairman shall appoint the members of a subcommittee from the membership of the MAC. If other expertise is needed to support subcommittees, the Commissioners or the Director of Medical Review may appoint appropriate individuals.

WORK GROUPS. When deemed necessary by the Director of Medical Review or the Commissioners, work groups will be formed by the Director. At least one member of the work group must also be a member of the MAC.

WORK PRODUCT. No member of the MAC, a subcommittee, or a work group may claim or is entitled to an intellectual property right in work performed by the MAC, a subcommittee, or a work group.

MEETINGS Frequency of Meetings. Regular meetings of the MAC shall be held at least quarterly each fiscal year during regular Commission working hours.

CONDUCT AS A MAC MEMBER. Special trust has been placed in members of the Medical Advisory Committee. Members act and serve on behalf of the disciplines and segments of the community they represent and provide valuable advice to the Medical Review Division and the Commission. Members, including alternate members, shall observe the following conduct code and will be required to sign a statement attesting to that intent.

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

Conduct themselves at all times in a manner that promotes cooperation and effective discussion of issues among MAC members;

Accurately represent their affiliations and notify the MAC chairman and Medical Review Director of changes in their affiliation status;

Not use their memberships on the MAC: a. in advertising to promote themselves or their business. b. to gain financial advantage either for themselves or for those they represent; however, members may list MAC membership in their resumes;

Provide accurate information to the Medical Review Division and the Commission;

Consider the goals and standards of the workers' compensation system as a whole in advising the Commission;

Explain, in concise and understandable terms, their positions and/or recommendations together with any supporting facts and the sources of those facts;

Strive to attend all meetings and provide as much advance notice to the Texas Workers' Compensation Commission staff, attn: Medical Review Director, as soon as possible if they will not be able to attend a meeting; and

Conduct themselves in accordance with the MAC Procedures and Standards, the standards of conduct required by their profession, and the guidance provided by the Commissioners, Medical Review Division or other TWCC staff.

TRD-200402083

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: March 23, 2004