Office of the Attorney General

CERCLA Settlement Notice

The State of Texas hereby gives notice of the proposed resolution of an environmental enforcement lawsuit brought pursuant to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Before the State may settle a judicial enforcement action, the State is required to offer the public the opportunity to comment in writing on the proposed settlement. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed settlement if the comments disclose facts or considerations that indicate that the settlement is inappropriate, improper, or inadequate.

Case Title and Court: State of Texas v. Land Renewal Corporation ; No. 4:04-CV- 238-A in the United States District Court, Northern District of Texas, Ft. Worth Division.

Nature of Suit: This suit concerns possible hazardous waste contamination on a portion of an oil refining and tank farm facility located at the intersection of 28th Street and Sylvania Avenue in Fort Worth, Texas known as the Amber Refining site. Land Renewal Corporation (LRC) purchased a portion of the Amber Refining Site from the Bankruptcy Estate of Amber Refining.

Proposed Consent Decree: The proposed consent decree settles LRC's potential liability for contamination that may have existed on the purchased portion of the Amber Refining site prior to LRC's acquisition of the site. The proposed consent decree requires LRC to undertake corrective actions at the site to remediate contamination known to exist on the site as of the date of LRC's acquisition of the property. The proposed consent decree also requires LRC to pay the State $290,160.

For a complete description of the proposed consent decree, the complete proposed consent decree should be reviewed. Requests for copies of the consent decree and written comments on the proposed settlement should be directed to Albert M. Bronson, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-09112. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication you may contact A.G. Younger, Agency Liaison at 512-463-2110.

TRD-200402332

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: April 6, 2004

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 24, 2004, through April 1, 2004. The public comment period for these projects will close at 5:00 p.m. on May 7, 2004.

FEDERAL AGENCY ACTIONS:

Applicant: ACR-LP ; Location: The project is located in Tiger Creek and adjacent wetlands, on a 33-acre site, south of Interstate Highway 10, southwest of Church Street, in Vidor, Orange County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Beaumont East, Texas. Approximate UTM Coordinates: Zone 15; Easting: 400447; Northing: 3332449. Project Description: The applicant proposes to discharge fill into 5.49 acres of jurisdictional wetlands and 1.35 acres of Tiger Creek for the construction of a retail facility. The applicant proposes to re-route a portion of Tiger Creek within the project area. The realigned Tiger Creek would be channeled through a 1.62-acre constructed channel on the west side of the project area. The applicant proposes to avoid 1.43 acres of wetlands on-site and construct 4.36 acres of wetlands on-site. In addition, the applicant proposes to purchase 3 credits at the Neches River Cypress Swamp Preserve Mitigation Bank. CCC Project No.: 04-0096-F1; Type of Application: U.S.A.C.E. permit application #23287 is being evaluated under §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: City of Pearland ; Location: The project is located in jurisdictional wetlands east of the intersection with North Main and the existing McHard Road, in Pearland, Brazoria County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Pearland, Texas. Approximate UTM Coordinates of the starting point at McHard Road: Zone 15; Easting: 278543; Northing: 3274893. Approximate UTM Coordinates at the terminus of the proposed McHard Road extension: Zone 15; Easting: 280368; Northing: 3275810. Project Description: The application proposes to fill 0.49 acres of jurisdictional wetlands, to construct a 5,120-foot road extension of McHard Road. In addition the applicant proposes to excavate 0.2 acres of wetlands to construct a ditch to facilitate drainage during storm events in the area. CCC Project No.: 04-0097-F1; Type of Application: U.S.A.C.E. permit application #23301 is being evaluated under §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-200402363

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: April 7, 2004

Notice of Request for Proposals

Pursuant to Chapter 2254, Subchapter B, and Chapter 403, Section 403.028, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #169a) from qualified, independent registered nurse consultants to provide consulting services to Comptroller in conducting a Health Care Claims Study (Study) of the state employees' Medicaid and Workers' Compensation Insurance Programs. Comptroller issues this Request for Proposals (RFP) to solicit proposals for medical documentation reviews and prescription documentation reviews of state Medicaid medical records and documentation as described in this RFP and any contract(s), if any, resulting from it. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about June 1, 2004.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, April 16, 2004, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 2 p.m. (CZT) on Friday, April 16, 2004.

Non-Mandatory Letters of Intent and Questions: All Non-Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 475-0973, not later than 2:00 p.m. (CZT), on Monday, April 26, 2004. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than April 30, 2004, or as soon thereafter as practical. Non-Mandatory Letters of Intent received after the 2:00 p.m., April 26th deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Questions and Non-Mandatory Letters of Intent to propose.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Monday, May 10, 2004. Respondents shall be solely responsible for confirming the timely receipt of proposals in the Issuing Office by the deadline.

Evaluation and Award: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision regarding the award of a contract or contracts. Comptroller reserves the right to award one or more contracts under this RFP. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - April 16, 2004, 2 p.m. CZT; Non-Mandatory Letters of Intent and Questions Due - April 26, 2004, 2 p.m. CZT; Official Responses to Questions Posted - April 30, 2004, or as soon thereafter as practical; Proposals Due - May 10, 2004, 2 p.m. CZT; Contract Execution - June 1, 2004, or as soon thereafter as practical; Commencement of Project Activities - June 1, 2004.

TRD-200402339

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: April 6, 2004

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 04/12/04 - 04/18/04 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 04/12/04 - 04/18/04 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-200402334

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 6, 2004

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 17, 2004 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 17, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Kenneth Raska dba Ken's Backhoe Service; DOCKET NUMBER: 2002-1254- OSI-E; TCEQ ID NUMBER: OS 228; LOCATION: Needville, Fort Bend County, Texas; TYPE OF FACILITY: on-site sewage installation and repair business; RULES VIOLATED: 30 TAC §285.58(a)(10), by failing to finish on-site sewage facility (OSSF) installations within reasonable time frames; Texas Health and Safety Code (THSC), §366.051(c), by failing to obtain from the owner or owner's representative proof of a permit and approval from the TCEQ before beginning to construct, alter, or repair an OSSF that is owned by another person; 30 TAC §285.58(a)(2), by failing to abstain from practicing theft, fraud, and deceit in the application of his duties; 30 TAC §285.58(a)(3), by failing to obtain the necessary permitting authority's authorization before beginning to construct, alter, extend, or repair OSSFs; 30 TAC §285.58(a)(5), by installing OSSFs without authorization by the TCEQ; and 30 TAC §285.58(a)(11), by failing to call for the required inspections from the permitting authority; PENALTY: $0; revocation of license; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Pan-American General Hospital L.L.C. dba Southwestern General Hospital; DOCKET NUMBER: 2002-0046-PST-E; TCEQ ID NUMBERS: 0031789 and RN100815216; LOCATION: 1221 North Cotton, El Paso, El Paso County, Texas; TYPE OF FACILITY: 2,000-gallon emergency generator; RULES VIOLATED: 30 TAC §334.49(c)(4) and (2)(C) and TWC, §26.3475, by failing to test the cathodic protection system for operability and adequacy of protection within three to six months after installation and failing to check the rectifier once every 60 days for impressed current systems; 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by the accidental releases arising from the operation of the underground storage tank (UST); 30 TAC §334.50(b)(1)(A) and TWC, §26.3475, by failing to monitor for releases at least once per month; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to ensure that a UST registration and self-certification form was fully and accurately completed and submitted to the TCEQ in a timely manner; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before delivery of a regulated substance was accepted into the UST system; PENALTY: $7,500; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

TRD-200402338

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 6, 2004

Request for Applications (RFA) for Texas Crime Stoppers Assistance Fund Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications to provide grants to crime stoppers organizations in Texas under the fiscal year 2005 grant cycle.

Purpose: The purpose of the funding is to enhance and assist community efforts in solving serious crimes.

Available Funding: State funding is authorized for these projects under the Texas Code of Criminal Procedure, Article 102.013, which designates CJD as the fund’s administering agency. The source of funding is a biennial appropriation by the Texas Legislature from funds collected through court costs and fees.

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

Prohibitions: Grantees may not use grant funds for promotional advertisements of any kind, office space rental, entertainment or refreshments, purchase or improvement of real estate, rewards, lobbying, extended equipment service agreements, contributions, subscriptions, or attorney fees.

Eligible Applicants: Eligible applicants are crime stoppers organizations that are certified by the Crime Stoppers Advisory Council to receive repayments under Articles 37.073 and 42.152, Code of Criminal Procedure, or payments from a defendant under Article 42.12, Code of Criminal Procedure. A "crime stopper organization" is defined by §414.001 of the Texas Government Code, as follows: (1) a private, nonprofit organization that is operated on a local or statewide level, that accepts and expends donations for rewards to persons who report information about criminal activity to the organization and that forwards the information to the appropriate law enforcement agency; or (2) a public organization that is operated on a local or statewide level, that pays rewards to persons who report information about criminal activity to the organization, and that forwards the information to the appropriate law enforcement agency.

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: None.

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. Applications will be accepted starting on April 19, 2004, and must be received via e-mail no later than June 14, 2004.

Selection Process: Completed applications will be reviewed by CJD for eligibility and cost effectiveness. The grant selection process is competitive. The executive director of CJD will make all final funding decisions.

Contact Person: If additional information is needed, contact Betty Bosarge at bbosarge@governor.state.tx.us or at (512) 463-1784.

TRD-200402366

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: April 7, 2004

Licensing Actions for Radioactive Materials

TRD-200402336

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 6, 2004

Go Center Project: First Generation College Student Involvement Request for Grant Proposals

The College for Texans Campaign of the Texas Higher Education Coordinating Board (THECB) and the College for all Texans Foundation: Closing the Gaps ("foundation") invite institutions of higher education, as defined in Texas Education Code, § 61.003(8), and private or independent institutions of higher education, as defined in Texas Education Code, § 61.003(15), all hereinafter referred to as "grantee" or "grantees," to participate in the campaign’s GO Center project. 

The Go Center Application Form, available at www.GoCenter.info or by calling Lynn Burkhart at 512-427-6271, is due to THECB no later than 5 PM on April 30, 2004.

The College for Texans Campaign resulted from Senate Bill 573 (passed in the 77th legislative session of 2001, and codified in the Texas Education Code, at § 61.951). Senate Bill 573 requires that THECB administer a statewide campaign to assure that parents and students understand the importance of higher education and how to prepare for it academically and financially. The campaign is one of the major strategies of Texas’ education plan called Closing the Gaps by 2015. The goal of the campaign is to bring into higher education by 2015 an additional 300,000 people prepared to succeed who are not expected, based on current enrollment trends, to enroll in a Texas college or university.

BACKGROUND OF GO CENTER PROJECT

Since the College for Texans Campaign was launched in November 2002, the campaign has implemented a number of effective and creative outreach strategies employing advertising and marketing, partnerships with community-based organizations, and motivational performance theatre and music. Visit www.Education-GoGetIt.com to learn more about the overall campaign.

In the summer of 2003, the College for Texans Campaign partnered with several higher education institutions, public schools, Texas Campus Compact, Tech Prep, GEAR-UP, LULAC, VISTA, ENLACE, Communities-in-Schools, and other organizations to launch 40 high school GO Centers (see www.gocenter.info).

GO Centers are located in high schools; however, institutions of higher education and college students play an important role in the project. The purpose of the GO Center project is to create a statewide network of trained college students and college-bound high school students, called the G-Force, who mentor middle and high school students to develop and follow a personal high school graduation and higher education plan.

In Phase I of the GO Center project (May- August 2003), GO Center implementation began and more than 400 high school and college students and their advisors participated in the first GO Center Leadership Training at Sky Ranch near Tyler Aug. 10 -16, 2003. Forty GO Centers were publicly launched in August in all areas of the state (see www.gocenter.info for a list of GO Centers).

In February 2004, the THECB awarded 61 Collegiate G-Force Grants to Texas public and private institutions of higher education in support of the Go Center effort. THECB is seeking additional higher education and high school partners to create as many as 160 more GO Centers by August 2004.

FUNDING. Currently the campaign is looking to develop additional Collegiate G-Force chapters by extending a second RFP. Participating grantees will receive a total of $15,158.47, which is meant to fund student activities at a level of $5,052.82 for each of the three upcoming semesters of the biennium (sp 2004, fall 2004, and sp 2005). Upon execution of grant agreements, institutions will receive a first payment of $5,052.82 for the remainder of the 2003 academic year, and in September, institutions will receive another check for the remaining funds for the next fiscal year. At this time we are projecting from 2- 8 additional awards will be given. Preference will be given to areas that the THECB considers underrepresented after the first round of awards.

RESPONSIBILITIES OF PARTICIPATING HIGHER EDUCATION INSTITUTIONS

1. Appoint a faculty or staff liaison to THECB for this project, who will also serve as the advisor for the student group, called a G-Force.

2. Facilitate the creation and on-going work of a new official student organization of the institution, called the G-Force. These new student groups may wish to model their organization’s constitution and bylaws after the G-Force organizations at the University of North Texas or The University of Texas at Austin (see attached).

3. Recruit at least five G-Force student leaders (mix of freshmen, sophomores and juniors) to attend a two-day G-Force training provided at THECB’s expense sometime during March or April of 2004, and assure the participation of G-Force members at other free THECB trainings provided in FY 2005. Institutions may choose among a number of trainings offered at Sky Ranch near Tyler, or have the option of attending one training offered in their area of the state on March weekend. Sky Ranch is located in a beautiful East Texas country setting and is the "Cadillac" training for G-Force members. But because some institutions or students may have difficulty traveling to Sky Ranch, trainings will be offered in four other areas of the state. THECB funding may be used to pay for reasonable transportation costs for one advisor and these students to get to the THECB G-Force training at Sky Ranch or other venues. Institutions are highly encouraged to plan to attend the Sky Ranch training along with or at the same time as their counterparts from their high school GO Center partners.

4. Use the THECB GO Center funding to facilitate college student participation in the on-campus G-Force organization and as active mentors in the high school GO Centers. Funding must be used for students only, (and not for salary for staff or faculty advisors, as THECB anticipates that the campus advisor’s G-Force work would fall into the normal range of duties of a person working in the area of student recruitment or student services) and for limited transportation costs for students to go to the training or to get to the GO Center for their mentoring work (e.g., bus fares, etc). Some of the funding provided to the campaign by private foundations is restricted to student scholarships. For those funds, scholarships will be available only to students who take a leadership role or are otherwise an active member in the college G-Force organization. Scholarship funds should be used for a student’s tuition, fees, books, supplies and/or equipment. The award letter grantees will receive will indicate whether and how much of any funds they receive are comprised of these private funds that must be used for scholarships. Other of the funds from federal and state revenue sources may also be used as local work-study match, or in whatever student payment manner deemed most effective to facilitate students’ ongoing involvement in the G-Force. Students receiving funds of any kind from the campaign are expected to remain active in the on-campus G-Force organization and to work regularly as a mentor to students at the high school GO Center. Grantees should give funding preference to first-generation college students as these students will be mentoring prospective first-generation students in the high schools. Grantees should also give preference to college students in spring 2004 who promise to remain active in the G-Force in FY 2005; ideally, the same students should receive THECB financial support for G-Force work for all three semesters, to assure continuity and effectiveness of the program.

5. Initiate a partnership with at least one and preferably two local high schools to start high school GO Centers where the college students will actively mentor high school students to get to college. High schools that historically have low college-going rates, especially those with large numbers of Hispanic students, the ethnic group in Texas with the lowest college-going rates and the greatest need to "close the gap" in college participation, should be chosen.

6. Participate in some minimal record-keeping requirements (the student G-Force members can be required to track and report their work) that will be uniform for all G-Force organizations and GO Centers, so that THECB will be able to evaluate and report on results of the project.

RESPONSIBILITIES OF HIGH SCHOOLS WITH GO CENTERS

1. Submit a GO Center partnership application, found on the www.gocenter.info website.

2. Appoint a staff or faculty member to serve as GO Center and student G-Force advisor and liaison with THECB and the associated college G-Force.

3. Reserve some physical space on the high school campus that can be designated and "branded" with posters and banners as the "GO Center." At minimum, the GO Center must have one internet-connected computer and printer for mentoring activities; preferably more computers can be designated for the GO Center.

4. Select at least five G-Force student leaders (mix of freshmen, sophomores and juniors) to attend a two-day G-Force training provided at THECB’s expense during the spring of 2004, and assure the participation of G-Force members at other free THECB trainings provided in FY 2005. Ideally the high school G-Force members and their advisor will attend G-Force training with or at the same time as their corresponding college G-Force partners.

5. After the spring training, support these G-Force members’ effort to expand the G-Force and implement their strategic outreach plans, working in tandem with their college G-Force partners.

6. Provide program activity reports (the student G-Force will be required to track and report their activities) in such form and at such time as required by THECB. Standard activity tracking and report forms will be provided during the spring G-Force training.

THECB’S CONTRIBUTIONS TO THE PROJECT

1. A GO Center State Coordinator (THECB contractor), Todd Witt. Todd lives in Mineola in East Texas, reports to Mike Collins, THECB (Austin), and works closely with Campaign Program Directors Alice White, Chris Alvarado and Natalie Woodward, who live in Austin but serve as Campaign liaison to several regions (see attached list of TEA regions used by the campaign.)

2. A GO Center regional coordinator in each of the 20 TEA regions of the state. The Texas Business and Education Coalition (TBEC), an Austin-based nonprofit leader in education reform in the state, is a THECB contractor with responsibility to hire the 20 regional coordinators. Some of the regional coordinators will split their time working with GO Centers and coordinating the Texas Scholars programs in their regions, another TBEC project.

3. Free G-Force training for high school and college G-Force members and advisors.

4. "Branding" items for the high school GO Centers, including banners, mouse pads, posters, mentoring materials, G-Force t-shirts for those who attend training, etc.

5. An electronic student portfolio for G-Force members to help the students they mentor establish an on-line record of materials they have developed for getting into college and keep track on a checklist of behaviors they must accomplish to go to college.

6. A Go Center website, www.gocenter.info, with information about the project and possibility for local GO Centers to have their own GO Center pages. Each student G-Force members and all other students who receive mentoring will be able to set up their own "student portfolio" to electronically track the steps they have taken to prepare for college.

7. Project reports that will be developed by evaluation partners at the University of North Texas (UNT) and TBEC and distributed to participating public and higher education partners. Reports will be based on activity reports generated by G-Force members; electronic reports generated from the on-line student portfolios; data in databases maintained by TBEC, TEA and THECB; and an evaluation study performed by UNT using surveys at selected high schools.

The GO Center website, www.gocenter.info, contains the following information to help institutions complete their GO Center applications. We are asking applicants to determine in which Texas Education Agency and Texas Workforce Commission Workforce Development areas they are located, as that will assist us in determining whether grant funds will be paid from state, federal, or private funding sources or a combination thereof.

1. Map of TEA Education Service Center regions.

2. Map of TWC Workforce Development areas.

3. List of existing public school GO Centers.

4. List of high schools that have submitted a partnership form indicating an interest in forming a GO Center.

5. List of Texas high schools’ college-going rates (for ethnicity make-up of the school, contact the school or district).

6. THECB Recruitment and Retention liaison contact list (public institutions).

7. Independent Colleges and Universities of Texas - recruitment contacts (provided by ICUT)

8. G-Force student organization constitution from the University of North Texas

9. G-Force student organization constitution from The University of Texas at Austin.

THECB requests that each institution coordinate their responses to this RFP through the official Recruitment and Retention contact at the public colleges and universities, or through the recruitment contact provided THECB by ICUT.

TRD-200402235

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Filed: April 1, 2004

Company Licensing

Application to change the name of FIRST COMMUNITY INSURANCE COMPANY to FIDELITY NATIONAL PROPERTY AND CASUALTY INSURANCE COMPANY a foreign fire and/or casualty company. The home office is in Santa Barbara, California.

Application to change the name of U. S. AEGIS ENERGY INSURANCE COMPANY to DARWIN NATIONAL ASSURANCE COMPANY a foreign fire and/or casualty company. The home office is in Wilmington, Delaware.

Application for a new organization applying for a certificate of authority in the State of Texas by 21st CENTURY INSURANCE COMPANY OF TEXAS, a domestic fire and/or casualty company. The home office is in Austin, Texas.

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

Application for admission to the State of Texas by PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC., a foreign title company. The home office is in Seattle, Washington.

Application for admission to the State of Texas by ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in San Francisco, California.

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-200402365

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 7, 2004

Instant Game Number 427 "$50’s Fever"

1.0 Name and Style of Game.

A. The name of Instant Game No. 427 is "$50’S FEVER". The play style is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 427 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 427.

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

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

C. Play Symbol- The printed data under the latex on the front of the ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $50.00, $1,000, $2,500, $25,000, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 or $50 SYMBOL.

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

Figure 1: GAME NO. 427 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Figure 2: GAME NO. 427 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

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

G. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $8.00, $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00 or $150.

I. High-Tier Prize- A prize of $1,000, $2,500, or $25,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (427), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 427-0000001-000.

L. Pack - A pack of "$50’S FEVER" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). There will be two (2) fanfold configurations for this game: (i) Type A - The front of each pack will display ticket back 249 and ticket back 248, next page will consist of 246 to 247, etc.; and (ii) Type B - The front of each pack will display ticket back 001 and ticket back 000. The back of each pack will display ticket front 249 and ticket front 248.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$50’S FEVER" Instant Game No. 427 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "$50’S FEVER" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) play symbols. If the player matches any of YOUR NUMBERS to either WINNING NUMBER, the player will win the Prize shown for that number. If the player reveals a $50 SYMBOL, the player will win $50.00 instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each Play Symbol must match exactly one of those described in Section 1.2.C of these Game Procedures.

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

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

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

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

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

2.2 Programmed Game Parameters.

A. The $50 prize symbol will only appear as a winning prize symbol.

B. The corresponding prize for the $50 Instant Win Symbol will always be the $50 symbol.

C. Non-winning prize symbols will not match winning prize symbols.

D. Each of the play symbols will be used as a WINNING NUMBER symbol evenly, except as required by other constraints.

E. On tickets that win two (2) or more times, each WINNING NUMBER will be used to create winners.

F. Adjacent non-winning tickets within a book will not have identical patterns. Two tickets have identical patterns if and only if they have the same symbol in the same positions.

2.3 Procedure for Claiming Prizes.

A. To claim a "$50’S FEVER" Instant Game prize of $2.00, $3.00, $5.00, $8.00, $10.00, $15.00, $20.00, $50.00, or $150, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00 or $150 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$50’S FEVER" Instant Game prize of $1,000, $2,500 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "$50’S FEVER" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$50’S FEVER" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.7 Disclaimer. The number of actual prizes in a game may vary based on sales, distribution, testing, and number of prizes claimed. An Instant Game may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 427. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 427 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 427 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 427, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200402352

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 6, 2004

Figure 1: GAME NO. 452 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Figure 2: GAME NO. 452 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

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

G. Low-Tier Prize - A prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00 or $200.

I. High-Tier Prize - A prize of $1,000, $3,000, or $30,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (452), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 452-0000001-000.

L. Pack - A pack of "BREAK THE BANK" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000 and 001 are on the top page, tickets 002 and 003 are on the next page, and so forth, and tickets 248 and 249 on the last page. Please note the books will be in an A - B configuration.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BREAK THE BANK" Instant Game No. 452 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "BREAK THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose 19 (nineteen) play symbols. If the player matches any play symbol YOUR NUMBERS to any of the designated key symbol three (3) LUCKY NUMBERS, the player will win the prize indicated. If the player reveals a designated play symbol, stack of bills, the player will win the prize indicated automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 19 (nineteen) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 19 (nineteen) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 19 (nineteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.;

17. Each of the 19 (nineteen) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. Non-winning prize symbols will not match a winning prize symbol on a ticket.

C. No duplicate Lucky Numbers on a ticket.

D. There will be no correlation between the matching symbols and the prize amount.

E. The auto win symbol will never appear more than once on a ticket.

F. No duplicate non-winning play symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "BREAK THE BANK" Instant Game prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00, $20.00, $50.00, or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not in some cases, required to pay a $50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "BREAK THE BANK" Instant Game prize of $1,000, $3,000 or $30,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "BREAK THE BANK" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "BREAK THE BANK" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

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

2.7 Disclaimer. The number of actual prizes in a game may vary based on sales, distribution, testing, and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 50,160,000 tickets in the Instant Game No. 452. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 452 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 452 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 452, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200402241

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 1, 2004

Figure 1: GAME NO. 483 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Figure 2: GAME NO. 483 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

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

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

H. Mid-Tier Prize - A prize of $50.00 and $200.

I. High-Tier Prize- A prize of $2,000 and $20,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (483), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 483-0000001-000.

L. Pack - A pack of "GLITTERING GOLD" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000 and 001 will be on the top page; tickets 002 and 003 on the next page; etc.; and tickets 248 and 249 will be on the last page. Please note the books will be in an A- B configuration.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "GLITTERING GOLD" Instant Game No. 483 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "GLITTERING GOLD" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If the player matches any of YOUR NUMBERS to any WINNING NUMBER, the player will win the prize indicated. If the player reveals a GOLD BAR SYMBOL in the YOUR NUMBERS play area, the player will win the prize shown automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning Your Numbers play symbols on a ticket.

C. No duplicate Winning Numbers play symbols on a ticket.

D. No three (3) or more like non-winning prize symbols on a ticket.

E. No more than on pair of duplicate non-winning prize symbols on a ticket.

F. The auto win symbol will never appear more than once on a ticket.

G. Non-winning prize symbols will never be the same as the winning prize symbols(s).

H. No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "GLITTERING GOLD" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "GLITTERING GOLD" Instant Game prize of $2,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "GLITTERING GOLD" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "GLITTERING GOLD" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "GLITTERING GOLD" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.7 Disclaimer. The number of actual prizes in a game may vary based on sales, distribution, testing, and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 483. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 483 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 483 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 483, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200402353

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 6, 2004

Request for Proposals

The Panhandle Regional Planning Commission (PRPC) is seeking proposals from qualified contractors to manage and operate a one-stop service delivery system in the 26 counties of the Panhandle Workforce Development Area based out of seven Texas Workforce Centers located throughout the area.

Contract award will be based primarily on prior experience, demonstrated effectiveness and cost competitiveness. Proposers must be willing to provide services on a cost reimbursement basis. The initial funding period for the contract to be awarded as a result of this solicitation is expected to be from September 1, 2004 through August 31, 2005. Contract renewals may be allowed for up to three additional one-year periods contingent upon acceptable performance by the contractor, policy body approval and mutual agreement of the parties.

Entities interested in submitting a proposal are encouraged to attend a Proposers Conference at 1:30 p.m. on Tuesday, May 4, 2004, in PRPC's Third Floor Conference Room, 415 West Eighth Avenue, Amarillo, Texas. Sealed proposals must be submitted by 3:00 p.m. on Friday, June 4, 2004. A copy of the Request for Proposals may be obtained by contacting PRPC’s Workforce Development Contracts Coordinator, Tony White at (806) 372-3381 or (800) 477-4562.

TRD-200402364

Anthony White

Workforce Development Contracts Coordinator

Panhandle Regional Planning Commission

Filed: April 7, 2004

Amended 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 30, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of EZ Phone, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 29497 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

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

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 21, 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 29497.

TRD-200402240

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 1, 2004

Notice of Applicant for Registration as Arbitrator

The commission adopted emergency rules regarding the registration and certification of arbitrators at 10 TAC §§318.20-318.32. The new rules were adopted under new Chapter 417, Property Code (Act effective Sept. 1, 2003, 78th Leg., R.S., ch. 458, §1.01), which provides that the commission establish eligibility requirements and procedures for a person to be certified by the commission as a residential construction arbitrator and that the commission maintain a list of certified arbitrators and make that list available to the public. The commission rules can be found on the commission’s website at www.trcc.state.tx.us .

10 TAC §318.22 requires the commission to publish in the Texas Register notice of the application of each person seeking to become registered under this subchapter. The commission will accept public comment on each application for twenty-one (21) days after the date of publication of the notice.

Pursuant to 10 TAC §318.22 the commission hereby notices the application of:

Gary W. Javore, 5802 NW Expressway, San Antonio, TX 78201. Mr. Javore has asserted that he meets the requirements of certification and that he has at least five years of experience conducting arbitrations between homeowners and builders involving construction defects.

Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, The Texas Residential Construction Commission, P.O. Box 13144, Austin, TX 78711-3144. Comments regarding this application will be accepted for twenty-one days following the date of publication of this notice in the Texas Register . Thereafter, the comments will not be considered as timely filed.

TRD-200402327

Susan Durso

General Counsel

Texas Residential Construction Commission

Filed: April 5, 2004

Invitation for Proposals for Consulting Services

The United States Department of Energy (DOE) announced an intent to seek competitive bids for the contract to manage the Los Alamos National Laboratory when that contract expires in 2005. In January 2002, The University of Texas System (U. T. System), procured the consulting services of Kelly, Anderson and Associates, Inc. to advise it on DOE procurement procedures, procedures for the selection of potential industrial partners, and the process required for preparation of a bid package that would be responsive to a DOE Invitation to Bid on a National Laboratory management contract.

Pursuant to a contract with U. T. System; Kelly, Anderson and Associates, Inc. is currently providing such consulting services to the System. At this time, it is necessary to amend the contract between U. T. System and Kelly, Anderson and Associates, Inc.

As required by the provisions of Texas Government Code, Chapter 2254, prior to amending its contract with Kelly, Anderson and Associates, Inc., U. T. System extends this invitation to qualified and experienced consultants interested in providing the consulting services described in this invitation. Unless a better offer (as determined by U. T. System) is received in response to this invitation, U. T. System intends to enter into negotiations with Kelly, Anderson and Associates, Inc., to amend U. T. System's contract with Kelly, Anderson and Associates, Inc.

Scope of Work:

The successful consultant shall provide advice and assistance regarding DOE procurement procedures and competition for the Los Alamos National Laboratory management contract.

Finding of Fact:

The Chancellor of U. T. System has made a finding that the consulting services are necessary. U. T. System does not currently have staff with expertise in Los Alamos National Laboratory contract issues, DOE procurement procedures or expertise in how to assemble a competitive DOE bid to manage a national laboratory.

Specifications:

Any consultant submitting an offer in response to this Invitation must provide the following: (1) consultant's legal name, including type of entity (individual, partnership, corporation, etc.), and address; (2) background information regarding the consultant, including the number of years in business and the number of employees; (3) information regarding the qualifications, education, and experience of the team members proposed to conduct the requested services; (4) the hourly rate to be charged for each team member providing services; (5) the earliest date by which the consultant could begin providing the services; (6) a list of five client references, including any complex institutions or systems of higher education for which consultant has provided consulting services; (7) a statement of consultant's approach to the project (i.e., the services described in the Scope of Work section of this Invitation), any unique benefits consultant offers U. T. System, and any other information consultant desires U. T. System to consider in connection with consultant's offer; (8) information to assist U. T. System in assessing consultant's demonstrated competence and experience providing consulting services similar to the services requested in this Invitation; (9) information to assist U. T. System in assessing the consultant's knowledge of Los Alamos National Laboratory contract issues, DOE procurement processes and strategies for competitive bidding for a national laboratory contract; and (10) information to assist U. T. System in assessing whether the consultant will have any conflicts of interest in performing the requested services.

Selection Process:

Selection of the Successful Offer (defined as follows) submitted in response to this Invitation by the Submittal Deadline (defined as follows) will be made using the competitive process described as follows. After the opening of the offers and upon completion of the initial review and evaluation of the offers submitted, selected consultants may be invited to participate in oral presentations. U. T. System, on the basis of the offers initially submitted, without discussion, clarification or modification, may make the selection of the Successful Offer. In the alternative, U. T. System on the basis of negotiation may make selection of the Successful Offer with any of the consultants. At U. T. System’s sole option and discretion, it may discuss and negotiate all elements of the offers submitted by selected consultants within a specified competitive range. For purposes of negotiation, a competitive range of acceptable or potentially acceptable offers may be established comprising the highest rated offers. U. T. System will provide each consultant within the competitive range with an equal opportunity for discussion and revision of its offer. U. T. System will not disclose any information derived from the offers submitted by competing consultants in conducting such discussions. Further action on offers not included within the competitive range will be deferred pending the selection of the Successful Offer; however, U. T. System reserves the right to include additional offers in the competitive range if deemed to be in its best interest. After the submission of offers but before final selection of the Successful Offer is made, U. T. System may permit a consultant to revise its offer in order to obtain the consultant's best final offer. U. T. System is not bound to accept the lowest priced offer if that offer is not in its best interest, as determined by U. T. System. U. T. System reserves the right to (a) enter into agreements or other contractual arrangements for all or any portion of the Scope of Work set forth in this Invitation with one or more consultants, (b) reject any and all offers and re-solicit offers or (c) reject any and all offers and temporarily or permanently abandon this procurement, if deemed to be in the best interest of U. T. System.

Criteria for Selection:

The successful offer (Successful Offer) will be the offer submitted in response to this Invitation by the Submittal Deadline that is the most advantageous to U. T. System, considering price and the evaluation factors established by U. T. System. U. T. System personnel will evaluate offers. The evaluation of offers and the selection of the Successful Offer will be based on the information provided to U. T. System by the consultant in response to the Specifications section of this Invitation. Consideration may also be given to any additional information and comments if such information or comments increase the benefits to U. T. System.

How To Respond; Submittal Deadline:

All offers must contain the information requested in the Specifications section of this Invitation and be received no later than 5:00 p.m., C.S.T., Friday, April 30, 2004. Submissions received after the deadline will not be considered. Offers must be submitted to Mr. Dan Burck, c/o UTIMCO, Suite 1700, 221 W. 6th Street, Austin, Texas 78701.

Questions:

Questions concerning this invitation and all offers in response to this request should be directed to Mr. Dan Burck, c/o UTIMCO, Suite 1700, 221 W. 6th Street , Austin, Texas 78701, 512/225-1688.

TRD-200402341

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: April 6, 2004

Applications Received

Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

South Newton Water Supply Corporation, P.O. Box 659, Deweyville, Texas, 77614-0659, received April 1, 2003, application for additional financial assistance in the amount of $1,542,548 from the Economically Distressed Areas Account of the Texas Water Development Funds.

City of Mission, 1201 East 8th Street, Mission, Texas, 78572, received March 24, 2003, application for additional financial assistance in the amount of $6,178,750 from the Economically Distressed Areas Account of the Texas Water Development Funds and the Texas Water Development Funds.

Town of Combes, 306 Templeton, Combes, Texas, 78535, received November 3, 2003, application for financial assistance in the amount of $381,500 from the Colonia Plumbing Loan Program.

City of Cameron, P.O. Box 833, Cameron, Texas, 76520-0833, received January 7, 2004, application for financial assistance in the amount of $1,800,000 from the Clean Water State Revolving Fund.

City of Richwood, 215 Halbert, Richwood, 77351, received March 1, 2004, application for financial assistance in the amount of $500,000 from the Texas Water Development Funds.

Lower Neches Valley Authority, P.O. Box 5117, Beaumont, Texas, 77726-5517, received January 13, 2004, application for financial assistance in the amount of $55,299,706 from the Drinking Water State Revolving Fund - Disadvantaged Community Program.

Panhandle Groundwater Conservation District, P.O. Box 637, White Deer, Texas, 79097, received March 26, 2004, application for financial assistance in the amount of $300,000 from the Agricultural Water Conservation Loan Program.

Angelina and Neches River Authority, P.O. Box 387, Lufkin, Texas, 75902, received September 3, 2003, application for financial assistance in an amount not to exceed $10,000,000 from the State Participation Account of the Texas Water Development Funds.

Port O'Connor Municipal Utility District, P.O. Box 375, Port O'Connor, Texas, 77982, received March 3, 2004, application for financial assistance in the amount of $2,325,000 from the Texas Water Development Funds.

U.S. Geological Survey, Water Resources Division, 8027 Exchange Drive, Austin, Texas, 78754-4733, received on March 11, 2004, application for additional financial assistance in an amount not to exceed $29,700 from the Research and Planning Fund.

TRD-200402372

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: April 7, 2004