Office of the Attorney General
Notice Regarding Private Real Property Rights Preservation Act (SB 14) Guidelines
In 1995 the Legislature enacted Senate Bill 14, the Private Real Property
Rights Preservation Act (the Act), codified at Government Code, Chapter 2007.
As required by the Act, the Office of the Attorney General prepared Guidelines
to assist governmental entities in identifying and evaluating those governmental
actions that might result in a taking of private real property. Those Guidelines
were published in the January 12, 1996 issue of the
Texas Register
(21 TexReg 387). Current versions of the Guidelines
appear on the Office of the Attorney General website at www.oag.state.tx.us
and are published in the October 25, 2002, issue of the
Texas Register
(27 TexReg 10173).
The Act also requires the Office of the Attorney General to review the
Guidelines at least annually and revise them as necessary.
The Office of the Attorney General has begun its annual review and invites
comments whether the Guidelines are consistent with actions of the Texas Legislature
and the decisions of the United States and Texas Supreme Courts from June
1, 2003 through May 31, 2004. Please address comments to Cue D. Boykin, Assistant
Attorney General, Office of the Attorney General, P.O. Box 12548, Austin,
Texas 78701-2548 no later than August 20, 2004. Comments may be submitted
by e-mail to cue.boykin@oag.state.tx.us.
For information regarding this publication, you
may contact A. G. Younger, Agency Liaison, at (512) 463-2110.
TRD-200404024
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: June 18, 2004
Correction of Error
The Texas Building and Procurement Commission adopted new 1 TAC §111.14,
concerning subcontracting for Historically Underutilized Business Program.
The Commission concurrently adopted the repeal of the previous version of §111.14.
The adoption notices appeared in the June 11, 2004, issue of the
Texas Register
(29 TexReg 5773).
The effective date of June 14, 2004, is incorrect due to a document submission
error. The effective date for the new rule and repeal of the old rule should
read September 1, 2004.
TRD-200404037
TBPC Project No. 04-009-7034
Project Name: Florence DPS Firing Range Storage Building, County Road 240,
Florence, Texas, for the Department of Public Safety (DPS). Sealed Bids for
this project will be received until
3:00 PM, Monday,
July 12, 2004, at the 4th Floor Reception, 1711 San Jacinto, Austin, Texas
78701.
See the Invitation for Bid (IFB) for other delivery choices.
Plans and specifications may be obtained from A/E BLGY 2204 Forbes Drive,
Suite 101, Austin, Texas 78754 (P) (512) 977-0390, (F) (512) 977-0838, for
a deposit of $30.00, refundable upon return of a complete, unmarked set(s).
A Pre-Bid Conference will be held at Austin DPS Headquarters Complex (Building
B, Crime Lab Conference Room), 5805 North Lamar, Austin, Texas 78773, at 2:00
PM, Tuesday, June 29, 2004. Only bids submitted on the official Contractor's
Bid Form found in the project Manual will be accepted.
The IFB may be obtained by contacting Texas Building and Procurement Commission
Internal Procurement, Attention: Deborah Norwood (Fax: (512) 463-3360),
http://esbd.tbpc.state.tx.us/
;
then enter the Agency Req. No. "303-4-11312" in
the blank provided and click FIND
TRD-200404047
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Filed: June 21, 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 §§303.003,
303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of June 28, 2004 - July 4, 2004 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of June 28, 2004 - July 4, 2004 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of July
1, 2004 - July 31, 2004 is 5% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The judgment ceiling as prescribed by §304.003 for the period of July
1, 2004 - July 31, 2004 is 5% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200404093
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 22, 2004
Notice of Availability of Funds (Consumer Stipends)
The Texas Council for Developmental Disabilities announces the availability
of funds for stipends to support self-advocates and family members to attend
conferences and workshops. Funds for these grants are made available to the
Texas Council for Developmental Disabilities by the U.S. Department of Health
and Human Services, Administration on Developmental Disabilities.
DD COUNCIL INTENT:
Stipend grants are provided
to Texas organizations to enable individuals with developmental disabilities
and their family members to attend established in-state professional or informational
conferences and workshops. The Council's intent is to promote empowerment
and involvement of individuals with developmental disabilities and their families
in activities that enhance independence, productivity and community inclusion.
Stipends support is limited to Texas residents who are not eligible for conference
or workshop reimbursement from other organizations of which they are an employee
or member.
TERMS:
Organizations that receive funds will
be responsible for complying with all rules and procedures of the Texas Council
for Developmental Disabilities. Requests for funding must be received by TCDD
at least 90 days in advance of the starting date of the event. A minimum of
10% matching funds as a share of direct costs is required. Funds are limited
to $6,000 per grant. Applicant for funding to provide stipends must be sponsoring
organizations of meetings, conferences or workshops and be incorporated to
do business in Texas.
APPLICATION:
Additional information concerning
the stipend application and process for obtaining a TCDD stipend is available
at the Texas Council for Developmental Disabilities website, www.txddc.state.tx.us
or by contacting Patrice A. LeBlanc, TCDD Grants Management Director at (512)
437-5435.
EFFECTIVE DATE:
June 1, 2004.
TRD-200404215
Roger A. Webb
Executive Director
Texas Council for Developmental Disabilities
Filed: June 24, 2004
The Texas Council for Developmental Disabilities (TCDD) announces a Request
for Ideas (RFI) to obtain suggestions for future grants, projects, and activities
in three areas. The Texas Council for Developmental Disabilities (TCDD) is
established by and funded under state and federal law and is responsible to
promote the development of supports and services necessary for individuals
with developmental disabilities to be fully included in their communities.
TCDD develops a State Plan and approves grant projects to carry out objectives
in the State Plan. TCDD has a commitment to support projects that will be
carried out by organizations that share the Council's vision and values.
An RFI is a process to solicit creative ideas for possible future projects.
This method of gathering information is a tool to explore innovative ways
to address current disability needs of people with disabilities in the state
for consideration by the Council. An RFI is not a solicitation with any funding
attached. It is a request for ideas and suggestions only. Ideas must be innovative,
creative, and respond to an identified barrier or issue for individuals with
developmental disabilities in Texas. Ideas submitted for consideration by
TCDD must be in the State Plan areas of (1) transportation, (2) health/recreation,
and (3) guardianship.
For questions about the Request for Ideas
,
review the information on TCDD's Website at http://www.txddc.state.tx.us,
or contact Sharon Pratscher, Planning Specialist, at (512) 437-5412 (voice),
(512) 437-5431 (TDD), or E-mail Sharon.Pratscher@tcdd.state.tx.us.
To obtain the complete RFI packet
, download
material directly from the Web site or request a copy in writing by U.S. mail,
fax, or E-mail from Barbara Booker at the Texas Council for Developmental
Disabilities, 6201 E. Oltorf Street, Suite 600, Austin, TX, 78741-7509; fax
number (512) 437-5434; E-mail address Barbara.Booker@tcdd.state.tx.us.
Deadlines and Submission Process:
Two hard
copies should be submitted.
All submissions must be received by TCDD not later than 4:00 PM, Central
Standard Time, September 6, 2004, or, if mailed, postmarked prior to midnight
on the date specified above. Submissions may be delivered by hand or mailed
to TCDD's physical office at 6201 East Oltorf, Suite 600, Austin, TX, 78741-7509.
Submission should be directed to the attention of Barbara Booker.
TCDD also requests that an electronic copy be sent
at the same time the hard copies are submitted. Electronic copies should be
addressed to Barbara.Booker@tcdd.state.tx.us.
TRD-200404216
Roger A. Webb
Executive Director
Texas Council for Developmental Disabilities
Filed: June 24, 2004
The Texas Council for Developmental Disabilities (TCDD) is established
by and funded under state and federal law and is responsible to promote the
development of supports and services necessary for individuals with developmental
disabilities to be fully included in their communities. TCDD develops a State
Plan and approves grant projects to carry out objectives in the State Plan.
TCDD has a commitment to support projects that will be carried out by organizations
that share the Council's vision and values.
TCDD intends to fund up to five projects to develop peer to peer training
for self-advocates led by people with developmental disabilities. Priority
will be given to implementing a project in each of the following areas: the
Texas Panhandle, East Texas, the Rio Grande Valley, far West Texas, and a
rural area of the state (which can be in one of the regions listed). Organizations
that receive grants will provide training as well as direct support and technical
assistance on a regular and ongoing basis to self-advocates.
TCDD has approved the funding of up to $100,000 per project per year for
up to three years. At that time, TCDD will reevaluate the need for the projects
and the project's impact and reserves the right to extend funding for up to
two additional years. Non-federal matching funds of at least 10% of total
project costs are required for projects in federally designated poverty areas.
Non-federal matching funds of at least 25% of total project costs are required
for projects in other areas. Funding for the projects depends on the result
of an independent review process established by the Council and to the availability
of funds.
For questions about this RFP
, review the
information on TCDD's Web site at http://www.txddc.state.tx.us, or contact
Joanna Cordry, Project Development Director, at (512) 437-5410 (voice), (512)
437-5431 (TDD), or E-mail Joanna.Cordry@tcdd.state.tx.us.
To obtain the application packet
, download
directly from TCDD's Web site or request a copy in writing by U.S. mail, fax,
or E-mail, from Barbara Booker at the Texas Council for Developmental Disabilities,
6201 E. Oltorf Street, Suite 600, Austin, TX, 78741-7509; fax number (512)
437-5434; E-mail address Barbara.Booker@tcdd.state.tx.us. Applications must
be requested in writing unless downloaded from the Internet.
Deadlines and Submission Process:
Two hard
copies, one with the original signatures, should be submitted. All proposals
must be received by TCDD not later than 4:00 PM, Central Standard Time, September
6, 2004, or, if mailed, postmarked prior to midnight on the date specified
above. Proposals may be delivered by hand or mailed to TCDD's physical office
at 6201 East Oltorf, Suite 600, Austin, TX, 78741-7509. Proposals should be
directed to the attention of Barbara Booker. Faxed proposals cannot be accepted.
TCDD also requests that applicants send an electronic copy at the same
time the hard copies are submitted. Electronic copies should be addressed
to Barbara.Booker@tcdd.state.tx.us.
Proposals will not be accepted after the due date.
Grant Proposers' Workshops:
The Texas Council
for Developmental Disabilities will conduct a series of Workshops to help
applicants understand the grant application process. For more information
on the Grant Proposer's Workshops and the scheduled times and locations, see
our website at http://www.txddc.state.tx.us.
TRD-200404217
Roger A. Webb
Executive Director
Texas Council for Developmental Disabilities
Filed: June 24, 2004
Notice of Opportunity to Comment on Settlement Agreements 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 Agreed
Orders (AOs) in accordance with Texas Water Code, §7.075. Section 7.075
requires that before the commission may approve the AOs, the commission shall
allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
July 19, 2004
. Section
7.075 also requires that the commission promptly consider any written comments
received and that the commission may withdraw or withhold approval of an AO
if a comment discloses facts or considerations that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed AO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about an AO should be sent to the attorney
designated for the AO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on July 19, 2004
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The designated attorney is available
to discuss the AO and/or the comment procedure at the listed phone number;
however, §7.075 provides that comments on an AO should be submitted to
the commission in
writing
.
(1) COMPANY: Highway Transport, Inc.; DOCKET NUMBER: 2003-0778-PST-E; TCEQ
ID NUMBERS: 46351 and RN100864537; LOCATION: 520 16th Street, La Porte, Harris
County, Texas; TYPE OF FACILITY: fleet refueling; RULES VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance for taking
corrective action and for compensating third parties for bodily injury and
property damage caused by accidental releases from the operation of a petroleum
underground storage tank; PENALTY: $2,000; STAFF ATTORNEY: Christina Mann,
Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Houston Regional
Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Shell Chemical, L.P.; DOCKET NUMBER: 2003-1321-AIR-E; TCEQ
ID NUMBER: HG-0659-W and RN100211879; LOCATION: 5900 Highway 225, Deer Park,
Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULES VIOLATED:
30 TAC §116.115(b)(2)(G), Texas Health and Safety Code, §382.085(b),
and Air Permit Number 9334, Maximum Allowable Emission Rate Table (MAERT),
by failing to comply with the permitted limit established in the MAERT for
benzene; PENALTY: $5,000; STAFF ATTORNEY: David Speaker, Litigation Division,
MC 175, (512) 239-2548; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200404142
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 22, 2004
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
August 2, 2004
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission may withhold approval of an AO if
a comment discloses facts or considerations that indicate the proposed AO
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean
Air Act (the Act). Additional notice is not required if changes to an AO are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on August 2, 2004
. Written comments may also
be sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The commission enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the commission in
writing
.
(1) COMPANY: Acacia Natural Gas Corporation; DOCKET NUMBER: 2003-1335-AIR-E;
IDENTIFIER: Air Account Numbers MQ-0303-C, MQ0583-O, MQ-0021-P, and WB-0098-G,
Regulated Entity (RN) Numbers 100227867, 102563921, 102534278, and 10022776;
LOCATION: Magnolia and Brookshire, Montgomery and Waller Counties, Texas;
TYPE OF FACILITY: air compressor/plant stations; RULE VIOLATED: 30 TAC §101.359
and THSC, §382.085(b), by failing to submit Form ECT-1, Annual Compliance
Report in a timely manner; PENALTY: $2,480; ENFORCEMENT COORDINATOR: Brian
Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Aqua Texas, Inc.; DOCKET NUMBER: 2004-0353-MWD-E; IDENTIFIER:
Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12519-001;
LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment;
RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12519-001, and
the Code, §26.121(a), by failing to comply with its permitted daily average
total suspended solids (TSS) loading limit; and 30 TAC §21.4, by failing
to pay outstanding consolidated water quality assessment late fees; PENALTY:
$1,790; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Aqua Utilities, Inc.; DOCKET NUMBER: 2004-0290-PWS-E; IDENTIFIER:
Public Water Supply (PWS) Number 1550125; LOCATION: Valley Mills, McLennan
County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(B)(iv)
and THSC, §341.0315(c), by failing to provide a pressure tank capacity
of 20 gallons per connection; 30 TAC §290.41(c)(3)(B) and (J), by failing
to provide a well casing and by failing to provide a concrete sealing block;
30 TAC §290.46(v), by failing to install all water system electrical
wiring in a securely mounted conduit; and 30 TAC §290.43(d)(3), by failing
to provide a pressure tank with facilities for maintaining the air-water volume;
PENALTY: $1,143; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(4) COMPANY: Atofina Petrochemicals, Inc.; DOCKET NUMBER: 2003-0089-AIR-E;
IDENTIFIER: Air Account Number HG-0036-S; LOCATION: La Porte, Harris County,
Texas; TYPE OF FACILITY: polymer manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(G)
and (c), Air Permit Numbers 3908B and 21538, 40 Code of Federal Regulations
(CFR), §§60.8, 60.562-2, and 60.565(k), and THSC, §382.085(b),
by failing to comply with emission limits, by failing to make the first attempt
to repair components, by failing to conduct the initial performance test,
and by failing to submit the semiannual reports; 30 TAC §111.111(a)(4)(A)(ii)
and THSC, §382.085(b), by failing to make the notations of observations
in the flare operation log; and 30 TAC §106.452(2)(C) and THSC, §382.085(b),
by failing to maintain the records of operating hours and abrasive material
usage; PENALTY: $11,280; ENFORCEMENT COORDINATOR: Trina Grieco, (817) 588-5800;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(5) COMPANY: AT&T Wireless Services, Incorporated; DOCKET NUMBER: 2003-0359-EAQ-E;
IDENTIFIER: Edwards Aquifer Protection Program File Number 02010901; LOCATION:
Austin, Travis County, Texas; TYPE OF FACILITY: telecommunications switching;
RULE VIOLATED: 30 TAC §213.4(a), by failing to submit and receive approval
of an Edwards Aquifer protection plan; PENALTY: $1,200; ENFORCEMENT COORDINATOR:
Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite
150, Austin, Texas 78758-5336, (512) 339-2929.
(6) COMPANY: Chevron USA Inc.; DOCKET NUMBER: 2004-0441-AIR-E; IDENTIFIER:
Air Account Number HX-1786-O, RN102507043; LOCATION: Cypress, Harris County,
Texas; TYPE OF FACILITY: oil and gas production; RULE VIOLATED: 30 TAC §101.352(b)
and THSC, §382.085(b), by allegedly having emitted nitrogen oxides; PENALTY:
$800; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: City of Cisco; DOCKET NUMBER: 2003-0381-PWS-E; IDENTIFIER:
PWS Number 0670001, Certificate of Convenience and Necessity Number 10535;
LOCATION: Cisco, Eastland County, Texas; TYPE OF FACILITY: public water supply;
RULE VIOLATED: 30 TAC §290.39(j) and §290.110(c), by failing to
ensure that disinfection was performed; 30 TAC §290.46(f)(4)(B), by failing
to ensure that the system's monthly operation report contained all required
information; and 30 TAC §291.93(3) and the Code, §13.139(d), by
failing to provide a written planning report; PENALTY: $9,243; ENFORCEMENT
COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(8) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2003-0446-AIR-E; IDENTIFIER:
Air Account Number BL-0042-G, RN101619179; LOCATION: near Old Ocean, Brazoria
County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.20(1)
and (2) and §116.115(c), 40 CFR §§60.105(a)(4), 60.482-7(a),
60.487(a) and (c)(2)(vii), and §63.182(d)(2), Air Permit Numbers 21265
and 5682A, and THSC, §382.085(b), by failing to implement a fugitive
monitoring program, by failing to submit semiannual reports, by failing to
include an explanation for the delay in repairing leaking components, by failing
to perform the initial compliance certification test, and by failing to submit
the semi-annual reports; PENALTY: $42,224; ENFORCEMENT COORDINATOR: Ronnie
Kramer, (806) 353-9251; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Kobra Mirhaj dba East Mount Houston Mobile Home Park Wastewater
Treatment Facility; DOCKET NUMBER: 2003-0340-IWD-E; IDENTIFIER: TPDES Permit
Number 13955-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit
Number 13955-001, and the Code, §26.121(a), by failing to meet permit
limits for TSS, ammonia-nitrogen, and flow; PENALTY: $9,420; ENFORCEMENT COORDINATOR:
Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: Harris County; DOCKET NUMBER: 2003-1353-AIR-E; IDENTIFIER:
RN103914503; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: air
heating plant; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b),
by failing to submit a completed ECT-1 form; PENALTY: $1,300; ENFORCEMENT
COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: City of Holland; DOCKET NUMBER: 2003-0444-MWD-E; IDENTIFIER:
TPDES Permit Number 10897-001; LOCATION: Holland, Bell County, Texas; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10897-001, and the Code, §26.121(d), by failing to
prevent an unauthorized discharge, by failing to comply with the permitted
effluent limitations, and by failing to report deviations of more than 40%;
PENALTY: $15,070; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490;
REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254)
751-0335.
(12) COMPANY: Hood County Utilities, Inc.; DOCKET NUMBER: 2003-1442-MWD-E;
IDENTIFIER: TPDES Permit Number 13022-001; LOCATION: Granbury, Hood County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 13022-001, and the Code, §26.121, by failing to meet
the permitted effluent limits at outfall 001; PENALTY: $11,935; ENFORCEMENT
COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 2301 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: Houston Independent School District and Camp Olympia, Inc.
and Camp Management, Inc.; DOCKET NUMBER: 2003-0024-MWD-E; IDENTIFIER: TPDES
Permit Number 11898-001; LOCATION: Trinity, Trinity County, Texas; TYPE OF
FACILITY: recreation camp; RULE VIOLATED: 30 TAC §§305.125(1), 317.3(e)(5),
319.11(b) and (c), TPDES Permit Number 11898-001, and the Code, §26.121(a),
by failing to comply with effluent limitations, by failing to ensure that
all systems of collection, treatment, and disposal are properly operated and
maintained, by failing to comply with test methods and procedures for obtaining
flow measurements and analysis of residual chlorine, and by failing to report
effluent violations which deviated more than 40% of the permit limit; and
30 TAC §334.22(a) and the Code, §26.358(d), by failing to pay underground
storage tank fees; PENALTY: $22,850; ENFORCEMENT COORDINATOR: Mac Vilas, (512)
239-2557; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(14) COMPANY: S. P. Holmes, Inc. dba Georgetown 66; DOCKET NUMBER: 2003-0992-PST-E;
IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0026064;
LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance; PENALTY:
$1,600; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(15) COMPANY: City of Leona; DOCKET NUMBER: 2003-1424-PWS-E; IDENTIFIER:
PWS Number 1450008; LOCATION: Leona, Leon County, Texas; TYPE OF FACILITY:
PWS; RULE VIOLATED: 30 TAC §290.46(f), (i), and (n)(2), by failing to
maintain water works operations and maintenance activities records, by failing
to adopt an adequate plumbing ordinance, regulations or service agreement,
and by failing to maintain and make available an accurate up-to-date map of
the distribution system; 30 TAC §290.42(e)(5), by failing to properly
cover the hypochlorination solution container top; 30 TAC §290.43(c)(3),
by failing to provide an overflow pipe valve assembly; 30 TAC §290.41(c)(3)(O)
and §290.43(e), by failing to provide the well units with a properly
constructed intruder-resistant fence; and 30 TAC §288.20(a) and §288.30(3)(B),
by failing to make an adopted drought contingency plan available for inspection;
PENALTY: $1,568; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(16) COMPANY: William E. Hartzog dba Lone Willow Mobile Home Park West;
DOCKET NUMBER: 2004-0463-PWS-E; IDENTIFIER: PWS Number 1010663; LOCATION:
Houston, Harris County, Texas; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.42(e)(3)
and (5), by failing to install disinfection equipment and by failing to house
the hypochlorination solution containers and pumps in a secure enclosure;
30 TAC §290.45(b)(1)(E)(ii) and THSC, §341.0315(c), by failing to
provide a pressure tank capacity of 50 gallons per connection; 30 TAC §290.41(c)(1)(F)
and (3)(J), (K), (N), and (O), by failing to secure a sanitary control easement,
by failing to provide a concrete sealing block, by failing to seal the wellhead,
by failing to provide the well with a flow measuring device, and by failing
to provide the well site with an intruder-resistant fence; and 30 TAC §290.46(v),
by failing to install securely all water system electrical wiring in compliance
with a local or national electrical code; PENALTY: $3,597; ENFORCEMENT COORDINATOR:
Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(17) COMPANY: Mansoorali G. Chunara dba Lucky 7 Quick Stop; DOCKET NUMBER:
2004-0154-PST-E; IDENTIFIER: PST Facility Identification Number 64498; LOCATION:
Angus, Navarro County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance; PENALTY: $2,600; ENFORCEMENT
COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(18) COMPANY: Motiva Enterprises LLC; DOCKET NUMBER: 2004-0164-PST-E; IDENTIFIER:
RN102862455; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fuel
distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe
a valid, current delivery certificate; PENALTY: $24,800; ENFORCEMENT COORDINATOR:
Edward Moderow, (512) 239-2680; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(19) COMPANY: Rod Packard dba Packard Tire Service; DOCKET NUMBER: 2004-0327-MSW-E;
IDENTIFIER: Tire Transporter Identification Number 25032, Municipal Solid
Waste Generator Identification Number 0002; LOCATION: Corpus Christi, Nueces
County, Texas; TYPE OF FACILITY: retail tire shop; RULE VIOLATED: 30 TAC §328.57(c)(3)
and THSC, §361.112(c), by failing to transport used and scrap tires to
an unauthorized facility; 30 TAC §328.60(a) and THSC, §361.112(a),
by failing to obtain a scrap tire storage site registration; and 30 TAC §382.56(a)(2),
by failing to notify the executive director of any change to generator information;
PENALTY: $2,080; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL
OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361)
825-3100.
(20) COMPANY: City of Pasadena; DOCKET NUMBER: 2003-1017-MWD-E; IDENTIFIER:
TPDES Permit Number 10053-001, RN101609584; LOCATION: Pasadena, Harris County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10053-001, and the Code, §26.121(a), by failing to
meet permitted effluent limits and by failing to submit written notification
that construction of the new wastewater treatment plant was complete; PENALTY:
$234,500; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(21) COMPANY: Petroleum Wholesale, L.P. dba Sunmart 133 and 141; DOCKET
NUMBER: 2004-0598-PST-E; IDENTIFIER: PST Facility Identification Numbers 66800
and 66802; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.72(1),
by failing to report the discovery of released regulated substances; 30 TAC §334.6(a)(2),
by failing to notify the TCEQ of construction activity; and 30 TAC §334.78(c),
by failing to assemble information about the site and nature of a release;
PENALTY: $8,000; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(22) COMPANY: Sabre Communications Corporation; DOCKET NUMBER: 2004-0559-AIR-E;
IDENTIFIER: Air Account Number TA-0496-G, RN100222124; LOCATION: Fort Worth,
Tarrant County, Texas; TYPE OF FACILITY: metal conduit manufacturing; RULE
VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to
submit Title V compliance certification; PENALTY: $920; ENFORCEMENT COORDINATOR:
Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(23) COMPANY: Sarbali Oil, Inc. dba Jasper Fuels Company; DOCKET NUMBER:
2004-0397-PST-E; IDENTIFIER: PST Facility Identification Numbers 37326 and
48536; LOCATION: San Augustine, San Augustine County, Texas; TYPE OF FACILITY:
convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(7)(A)
and THSC, §382.085(b), by failing to make all vapor recovery records
immediately available for review; 30 TAC §115.242(3)(C)(iii) and (K)
and THSC, §382.085(b), by failing to ensure that the vapor recovery system
is free of defects; 30 TAC §334.74, by failing to investigate a suspected
release; 30 TAC §334.72(3), by failing to report a suspected release;
PENALTY: $5,425; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(24) COMPANY: Gulam H. Gulamali dba Speedy Mart; DOCKET NUMBER: 2004-0229-PST-E;
IDENTIFIER: PST Facility Identification Number 39751; LOCATION: Houston, Harris
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual
or automatic inventory control; and 30 TAC §334.50(b)(1)(A) and (2)(A)(i),
and (d)(1)(B)(ii) and (4)(A)(ii)(II), and the Code, §26.3475(a) and (c)(1),
by failing to monitor the underground storage tanks for releases and by failing
to equip each separate pressurized line with an automatic line leak detector;
PENALTY: $10,800; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(25) COMPANY: Sunrise Dairies, Inc.; DOCKET NUMBER: 2003-1300-AGR-E; IDENTIFIER:
Water Quality Permit Number 02452; LOCATION: Edinburg, Hidalgo County, Texas;
TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31(a), Water Quality
Permit Number 02452, and the Code, §26.121(a), by failing to prevent
a discharge; 30 TAC §321.39(a), by failing to develop a pollution prevention
plan; and 30 TAC §321.42(a), by failing to provide verbal notification
of a discharge into the waters of the state; PENALTY: $13,050; ENFORCEMENT
COORDINATOR: Sandy Van Cleave, (512) 239-0667; REGIONAL OFFICE: 1804 West
Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(26) COMPANY: Technical Chemical Company; DOCKET NUMBER: 2003-1510-IHW-E;
IDENTIFIER: Solid Waste Registration Number 87191; LOCATION: Cleburne, Johnson
County, Texas; TYPE OF FACILITY: automotive cleaners and additives manufacturing
and packaging plant; RULE VIOLATED: 30 TAC §335.4, by failing to prevent
a discharge of industrial solid or municipal waste; 30 TAC §335.62 and
40 CFR §262.11, by failing to conduct a hazardous determination and waste
classification on three waste streams; 30 TAC §335.69(a)(1)(B) and (3), §335.112(a)(9),
and 40 CFR §262.34(a)(1)(ii), by failing to obtain a certified written
integrity assessment and by failing to label a 4,000-gallon steel tank; 30
TAC §335.6(c), by failing to provide and maintain an accurate notice
of registration; 40 CFR §365.195(c), by failing to document and maintain
inspection operating records; and 30 TAC §205.6, by failing to pay general
permit storm water fees; PENALTY: $18,442; ENFORCEMENT COORDINATOR: Elvia
Maske, (512) 239-0789; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(27) COMPANY: W W Cattle Feeds, Inc. dba W W Cattle Feeds; DOCKET NUMBER:
2004-0336-MSW-E; IDENTIFIER: Municipal Solid Waste Registration Number 47026;
LOCATION: Poolville, Parker County, Texas; TYPE OF FACILITY: feed processing
operation; RULE VIOLATED: 30 TAC §330.5 and the Code, §26.121(a)(1),
by failing to prevent an unauthorized discharge of run-off water from waste
stockpiles; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817)
588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
TRD-200404145
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 22, 2004
Designation of Canutillo Clinic Salud y Vida, P.A. as a Site Serving Medically Underserved Populations
The Texas Department of Health (department) is required under the Occupations
Code §157.052 to designate sites serving medically underserved populations.
In addition, the department is required to publish notice of such designations
in the
Texas Register
and to provide an opportunity
for public comment on the designations.
Accordingly, the department has designated the following as a site serving
medically underserved populations: Canutillo Clinic Salud y Vida, P.A., 7200
Doniphan Drive, Canutillo, Texas 79834. The designation is based on eligibility
as a site serving a disproportionate number of clients eligible for federal,
state or locally funded health care programs.
Oral and written comments on this designation may be directed to Brian
King, Program Specialist, Health Professions Resource Center, Center for Health
Statistics, Texas Department of Health, 1100 West 49th Street, Austin, Texas
78756; telephone (512) 458-7261. Comments will be accepted for 30 days from
the publication date of this notice.
TRD-200404190
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 23, 2004
The Texas Department of Health (department) is required under the Occupations
Code §157.052 to designate sites serving medically underserved populations.
In addition, the department is required to publish notice of such designations
in the
Texas Register
and to provide an opportunity
for public comment on the designations.
Accordingly, the department has designated the following as a site serving
medically underserved populations: Montana Clinic Salud y Vida, P.A., 3329
Montana Avenue, El Paso, Texas 79903. The designation is based on eligibility
as a site serving a disproportionate number of clients eligible for federal,
state or locally funded health care programs.
Oral and written comments on this designation may be directed to Brian
King, Program Specialist, Health Professions Resource Center, Center for Health
Statistics, Texas Department of Health, 1100 West 49th Street, Austin, Texas
78756; telephone (512) 458-7261. Comments will be accepted for 30 days from
the publication date of this notice.
TRD-200404191
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 23, 2004
TRD-200403978
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 17, 2004
On June 14, 2004, the director of the Bureau of Radiation Control (bureau),
Texas Department of Health, approved the settlement agreement between the
bureau and Austin Radiological Association (registrant-M00200-003) of Austin.
The registrant was required to pay $1,000 in administrative penalties assessed
for violations of 25 Texas Administrative Code Chapter 289, and comply with
additional settlement agreement requirements.
A copy of all relevant material is available, by appointment, for public
inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact
Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas
Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by
calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall Street,
Austin, Texas.
TRD-200404180
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 23, 2004
On June 14, 2004, the director of the Bureau of Radiation Control (bureau),
Texas Department of Health, approved the settlement agreement between the
bureau and Hereford Regional Medical Center (registrant-M00408) of Hereford.
The registrant was required to pay $3,000 in administrative penalties assessed
for violations of 25 Texas Administrative Code Chapter 289, and comply with
additional settlement agreement requirements.
A copy of all relevant material is available, by appointment, for public
inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact
Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas
Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by
calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall Street,
Austin, Texas.
TRD-200404181
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 23, 2004
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Imaging and Medical Diagnostic Specialists,
P.A., doing business as Central Imaging of Arlington (registrant-M00615-002)
of Arlington. A total penalty of $30,000 is proposed to be assessed the registrant
for alleged violations of 25 Texas Administrative Code Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200404182
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 23, 2004
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Professional Services Industries, Inc.
(licensee-L04946) of San Antonio. A total penalty of $5,000 is proposed to
be assessed the licensee for alleged violations of 25 Texas Administrative
Code Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200404183
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 23, 2004
Notice of Public Hearing
Multifamily Housing Revenue Bonds (Alta Renn Apartments)
Series 2004
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Kerr High School, 8150
Howell Sugar Land Road, Houston, Texas 77083, at 6:00 p.m. on July 20, 2004
with respect to an issue of tax-exempt multifamily residential rental development
revenue bonds in an aggregate principal amount not to exceed $14,000,000 and
taxable bonds, if necessary, in an amount to be determined, to be issued in
one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds
will be loaned to Alta Renn Limited Partnership, a limited partnership, or
a related person or affiliate thereof (the "Borrower") to finance a portion
of the costs of acquiring, constructing and equipping a multifamily housing
development (the "Development") described as follows: 240-unit multifamily
residential rental development to be located at the southwest corner of the
intersection of Renn Road and Eldridge Parkway at approximately the 13600
block of Renn Road, Harris County, Texas. The Development initially will be
owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Robbye
Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine,
Austin, Texas 78701; (512) 475-2213; and/or robbye.meyer@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Robbye Meyer in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Robbye Meyer
at least three days prior to the hearing date.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200404095
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: June 22, 2004
Notice of Request for Proposals of Legal Services for Intellectual Property Law Matters
In compliance with the provisions of Chapter 2156, Subchapter C, Texas
Government Code, the Department of Information Resources (DIR) announces this
Request for Proposals (RFP #DIR-LEGAL IP-04) for provision of Legal Services
for Intellectual Property Law Matters.
Eligible Proposers. DIR is requesting proposals from qualified law firms
and individual attorneys. Historically underutilized businesses (HUBs) are
encouraged to submit a proposal.
Description. DIR seeks full service legal representation in the area of
Intellectual Property Law. Services may include providing research and advice
regarding all aspects of existing and proposed Intellectual Property assets,
representing DIR's interests before administrative bodies such as the US Trademark
Office, with the consent of the Office of the Attorney General and DIR, filing
appropriate actions against alleged infringers, and negotiating appropriate
contract language to protect DIR's Intellectual Property interests. DIR has
been authorized by the Office of the Attorney General to issue this RFP to
seek legal representation in the area of Intellectual Property law. The Attorney
General must approve DIR's selection.
Dates of Project. All services related to this proposal will be conducted
within specified dates. The contract should commence on or about September
1, 2004, and end August 31, 2006. There is a single one-year extension option
in the contract. The Attorney General must approve any contract extension.
Project Amount. One contractor will be selected to receive a contract valued
at an annual not-to-exceed amount of $15,000.
Selection Criteria. The selected contractor shall have the highest scoring
proposal from among responsive proposals submitted, based on qualifications,
experience and reputation of the firm to provide the services described in
the RFP, the experience and qualifications of the attorneys, staff and others
proposed to perform the work, satisfactory client references and overall price
and value of the proposal. DIR reserves the right to conduct interviews with
up to the top three scoring firms, at its discretion. If conducted, the interviews
will be scored. DIR is not obligated to execute a contract, provide funds
or endorse any proposal submitted in response to the RFP. DIR reserves the
right to amend, withdraw or cancel this RFP at any time. DIR shall not be
responsible for any costs incurred by proposers in developing responses to
this RFP. The issuance of this RFP does not obligate DIR to award a contract.
Requesting the Proposal. A complete copy of the RFP #DIR-LEGAL IP-04 may
be obtained by writing: Denny Ross, Purchaser, Department of Information Resources,
Garage R, 1706 San Jacinto Boulevard, Austin, Texas 78701, by faxing (512)
463-8234, or by calling (512) 463-3358. As of July 2, 2004, the RFP has been
posted in its entirety on the
Texas Marketplace
.
Further Information. For clarifying information about the RFP, contact
Cynthia J. Hill, Attorney, Department of Information Resources, (512) 463-6422.
Deadline for Receipt of Proposals. Proposals must be received in Support
Services Division Office at 1706 San Jacinto Boulevard, Garage R, DIR by 4:00
PM (CST), Friday, August 6, 2004, to be considered. Proposers are responsible
for the timely delivery of proposals. The clock in Garage R is the official
clock for determining timeliness of proposals.
TRD-200404094
Renee Mauzy
General Counsel
Department of Information Resources
Filed: June 22, 2004
Company Licensing
Application for admission to the State of Texas by FIRST CATHOLIC SLOVAK
LADIES ASSOCIATION OF THE U.S.A., a foreign life, accident and/or health company.
The home office is in Beachwood, Ohio.
Application for admission to the State of Texas by AMERICAN VEHICLE INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in Plantation,
Florida.
Application for admission to the State of Texas by AUSTIN MUTUAL INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in Minneapolis,
Minnesota.
Application to change the name of AMERICAN INDUSTRIES FAMILY LIFE INSURANCE
COMPANY to FORETHOUGHT NATIONAL LIFE INSURANCE COMPANY, a domestic life, accident
and/or health company. The home office is in Houston, Texas.
Application to change the name of FIRST AMERICAN TITLE INSURANCE COMPANY
OF TEXAS to CENSTAR TITLE INSURANCE COMPANY, a domestic title company. The
home office is in Houston, Texas.
Application for incorporation to the State of Texas by COLLEGIATE ASSOCIATION
RESOURCE OF THE SOUTHWEST, INC. (CARES), a domestic Multiple Employer Welfare
Arrangement (MEWA). The home office is in Austin, Texas.
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, within 20 days after this notice is published in the
Texas Register
.
TRD-200404194
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 23, 2004
The following third party administrator (TPA) application has been filed
with the Texas Department of Insurance and is under consideration.
Application for admission to Texas of Integrated Benefit Management Services,
LLC. (using the assumed name of Wellnet Healthcare Administrators, LLC), a
foreign third party administrator. The home office is Gladstone, Oregon.
Any objections must be filed within 20 days after this notice is published
in the
Texas Register
, addressed to the attention
of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200404193
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 23, 2004
Correction to Instant Game Number 457 "Corvette Cash"
The Texas Lottery Commission filed for publication Instant Game Number
457 "Corvette Cash." The document was published in the June 11, 2004, issue
of the
Texas Register
(29 TexReg 5824). The
last sentence in paragraph "2.9 Disclaimer" was inadvertently left out. The
sentence that was omitted reads as follows:
An Instant Game ticket may continue to be sold even when all the top prizes
have been claimed.
TRD-200404006
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 18, 2004
1.0 Name and Style of Game.
A. The name of Instant Game No. 451 is "HIGH ROLLER". The play style in
HIGH CARD is "yours beats theirs". The play style in LUCKY SPIN is "key number
match". The play style in DICE is "add up". The play style in SLOTS is "key
symbol match". The play style in BONUS AREA is "key symbol match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 451 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 451.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: $5.00, $10.00, $15.00,
$20.00, $50.00, $100, $500, $5,000, $50,000, 2, 3, 4, 5, 6, 7, 8, 9, 10, J,
Q, K, A, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17,
18, 19, 20, 1 DICE SYMBOL, 2 DICE SYMBOL, 3 DICE SYMBOL, 4 DICE SYMBOL, 5
DICE SYMBOL, 6 DICE SYMBOL, CLOVER SYMBOL, CHERRIES SYMBOL, BELL SYMBOL, STACK
OF BILLS SYMBOLS, GOLD BAR SYMBOL, HORSESHOE SYMBOL, ANCHOR SYMBOL, STAR SYMBOL,
CROWN SYMBOL, TRY AGAIN SYMBOL, NEXT TIME SYMBOL.
D. Play Symbol Caption - the printed material appearing below each Play
Symbol which explains the Play Symbol. One Play Symbol 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:
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:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a four
(4) digit security number be boxed and placed randomly within the Serial Number.
The remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00, or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, or $500.
I. High-Tier Prize - A prize of $5,000 or $50,000.
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 (451), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 074 within
each pack. The format will be: 451-0000001-000.
L. Pack - A pack of "HIGH ROLLER" Instant Game tickets contains 75 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket
000 will be shown on the front of the pack; the back of ticket 074 will be
revealed on the back of the pack. Every other book will reverse, i.e., the
back of ticket 000 will be shown on the front of the pack and the front of
ticket 074 will be shown on the back of the pack.
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 "HIGH
ROLLER" Instant Game No. 451 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 "HIGH ROLLER"
Instant Game is determined once the latex on the ticket is scratched off to
expose 46 (forty-six) play symbols. In the HIGH CARD play area, if YOUR CARD
beats the DEALER'S CARD within a HAND, win the prize shown for that HAND.
The Ace symbol is high. In the LUCKY SPIN play area, if any of YOUR NUMBERS
matches the WINNING NUMBER, win prize shown below that number. In the DICE
play area, the player must scratch the dice rolls. If the total of the dice
within a ROLL adds up to 7 or 11, the player will win the prize shown for
that ROLL. In the SLOTS play area, if the player matches 3 identical symbols
within a SPIN, the player will win the prize for that SPIN. In the BONUS play
area, if the player finds a prize amount, the player will win that amount.
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 46 (forty-six) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each Play Symbol must have a Play Symbol Caption underneath, unless
specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each Play Symbol must be present in its entirety and be fully legible;
4. Each Play Symbol 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 46 (forty-six)
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 46 (forty-six) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 46 (forty-six) 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 patterns.
B. HIGH CARD: Players can win up to three (3) times in this play area.
C. HIGH CARD: The "2" card symbol will never appear as a YOUR CARD.
D. HIGH CARD: The Ace symbol is considered high.
E. HIGH CARD: There will be no ties between the YOUR CARD symbol and the
DEALER'S CARD symbol in a HAND.
F. HIGH CARD: There will be no duplicate non-winning prize symbols.
G. HIGH CARD: There will be no identical cards appearing in the YOUR CARD
Column on a ticket.
H. HIGH CARD: There will be no identical cards appearing in the DEALER'S
CARD Column on a ticket.
I. HIGH CARD: The "Ace" card symbol will never appear as a DEALER'S CARD.
J. HIGH CARD: There will be no duplicate games on a ticket.
K. LUCKY SPIN: Players can win up to five (5) times in this play area.
L. LUCKY SPIN: No duplicate non-winning YOUR NUMBERS on a ticket.
M. LUCKY SPIN: Non-winning prize symbols will not match a winning prize
symbol on a ticket.
N. LUCKY SPIN: There will be no duplicate non-winning prize symbols.
O. LUCKY SPIN: YOUR NUMBER will never equal the corresponding prize symbol.
P. DICE: Players can win up to three (3) times in this play area.
Q. DICE: There will be no duplicate non-winning prize symbols.
R. DICE: There will be no duplicate non-winning rolls in any order.
S. SLOTS: Players can win up to four (4) times in this play area.
T. SLOTS: There will be no duplicate non-winning prize symbols.
U. SLOTS: There will be no duplicate non-winning spins on a ticket.
V. SLOTS: There will never be three (3) identical Play Symbols in a vertical
or diagonal line.
W. BONUS AREA: Players can win only once in this play area.
X. BONUS AREA: Winning tickets in this play area will reveal a prize amount.
Y. BONUS AREA: Winning tickets in this play area will win only the $5,
$10, $15, or $20 prize levels.
Z. BONUS AREA: Tickets that do not win in the Bonus Area will display one
of the non-winning play symbols.
2.3 Procedure for Claiming Prizes.
A. To claim a "HIGH ROLLER" Instant Game prize of $5.00, $10.00, $15.00,
$20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim
and, if valid, and upon presentation of proper identification, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "HIGH ROLLER" Instant Game prize of $5,000 or $50,000, 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 "HIGH ROLLER" 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.
F. 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.F 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 "HIGH ROLLER"
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 "HIGH ROLLER" 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.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales 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 3,960,000
tickets in the Instant Game No. 451. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 451 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. 451,
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-200403977
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 17, 2004
Notice of Administrative Hearing
Thursday, July 15, 2004, 1:00 p.m.
State Office of Administrative Hearings, William P. Clements Building,
300 West 15th Street, 4th Floor, Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
and Myrna Trevizo aka Myrna Paredes to hear the merits of the Department's
Denial to Issue a Retailer's License and the revocation of a Salesperson's
License to Myrna Trevizo aka Myrna Paredes as found in §1201.551(8) of
the Act and §80.123(m)(1)(A) - (E) of the Rules. SOAH 332-04-5930. Department
MHD2004000683-LR.
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589, jameshicks@tdhca.state.tx.us
TRD-200404197
Timothy K. Irvine
Executive Director
Manufactured Housing Division
Filed: June 23, 2004
Notice of Availability of Texas Community Mental Health Services State Plan (Federal Community Mental Health Block Grant)
The Federal Community Mental Health Block Grant statute (42 USC 300x-51)
requires that the Texas Department of Mental Health and Mental Retardation
(TDMHMR) make the Texas Community Mental Health Services State Plan available
for public comment during its development.
TDMHMR is currently preparing the plan for Fiscal Year (FY) 2005 to describe
the intended use of the Federal Community Mental Health Block Grant funds.
These funds must be utilized by TDMHMR to develop new initiatives and/or enhance
already existing service delivery systems for adults with severe mental illness
and children with serious emotional disturbance.
When the draft of the FY 2005 Texas Community Mental Health Services State
Plan is available (on or about July 1, 2004), it may be obtained on the TDMHMR
web site at the following address: http://www.mhmr.state.tx.us/CentralOffice/BehavioralHealthServices/BehavioralHealthServices.html
or by contacting Sam Shore, Director, Behavioral Health Services, Texas Department
of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668.
Comments regarding the FY 2005 Texas Community Mental Health Services State
Plan should be directed to: blockgrantcomments@mhmr.state.tx.us or to Sam
Shore, Director, Behavioral Health Services, Texas Department of Mental Health
and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668. Comments
must be received by 5:00 p.m., Friday, July 23, 2004.
TRD-200404179
Rodolfo Arredondo
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: June 23, 2004
Request for Proposal - Consultant Services
1. SUBJECT.
The Texas Department of Public Safety (TxDPS) desires to acquire the services
of an experienced and financially stable Consultant possessing the expertise
and resources necessary to provide comprehensive, professional, and competent
consultation on a wide range of issues related to the Vehicle Inspection and
Emissions program.
2. PURPOSE.
The Consultant will perform this contract on an as-needed basis, providing
consultation, analysis, and feedback based on specific, to-be-determined,
work orders from the Department. Said work orders will be specific in nature,
will not exceed the contemplated scope of this contract, and will contain
distinct performance measurements that will allow a proper evaluation of whether,
or not, the consultant has performed as specified.
This project includes, but is not limited to:
A. Evaluative consultation of existing, planned, or proposed Early Action
Compacts (EAC) and their structures as they relate to the Department goal,
objective, or mission in emission-control strategies;
1. Consultations, in this area, primarily focused on the identification
of inspection and maintenance options, through the evaluation and analysis
of existing, emerging, or future protocols, for EAC areas:
a. Accelerations Simulation Mode (ASM), On-Board Diagnostics (OBD), Two-Speed
Idle (TSI), and Remote Sensing Devices (RSD) protocols currently employed
in the Houston, Dallas, Fort Worth, and El Paso metropolitan areas;
b. OBD II-only with RSD screening for ASM testing regimen as an alternative
in State or EAC programs;
c. OBD II-only with TSI as a proposed option in the EAC areas;
d. RSD screening for OBD and ASM testing as an option for I/M programs;
and,
e. Any other identified or emerging technology, protocol, or regimen that
could prove valuable in the Department's efforts in responding to its obligations
with respect to implementation or regulation of emissions-testing programs;
2. A particular emphasis on the evaluation and emissions-reduction benefits
of RSD-based alternatives is desirable; and,
3. The development of implementation and regulatory guidance for any resulting
programs.
B. Evaluative and analytical consultation on the unique challenges posed
by the integration, into the OBD II fleet, of Controller Area Network (CAN)
equipped vehicles; Evaluative and analytical consultation on existing or revealed
problems with OBD and OBD II equipped vehicles having chronic "not-ready"
codes and other problems affecting program integrity;
C. Evaluative consultation and assistance in producing drive cycle or other
guidance for the Department to use in instructing or assisting inspection
stations, testing facilities, repair facilities, vehicle operators, and/or
vehicle owners in resolving not-readiness and other OBD issues;
D. Evaluative consultation and analysis in determining the effectiveness,
impact, compliance, integrity, and overall benefit of the Texas Inspection
and Maintenance Program; and,
E. Evaluative consultation and analysis aimed at corollary or comparative
studies of the Texas Inspection and Maintenance Program and similar programs
administered by other countries, states, agencies, or private entities.
The Consultant will be available for these services, over the term of the
contract, on an as-needed or directed basis.
Individual requests for services, during the term of the contract, that
fall under the purview of this contract and that are contemplated in this
contract, will have a deadline for the production of results that is negotiated
and committed to, in writing, between the Department and the Consultant.
3. NOTICE.
The Contract for these services will be awarded to a single Respondent
willing and financially able to accept complete responsibility and liability
for all aspects of the project, including the commodities and work provided
by Subcontractors, if any. To qualify for evaluation, a Respondent must demonstrate
organizational experience as well as their financial stability. Respondents
must also provide full information regarding any litigation to which the Respondent
is a party.
The State of Texas and the Department recognize responding to this Request
for Proposal (RFP) requires extensive effort at a substantial cost to the
Respondents. However, only Proposals that satisfy the comprehensive requirements
of this Request for Proposal will be considered. Parties who believe their
products or services are competitive but lack the necessary qualifications
to make a Proposal on the Contract are encouraged to seek out opportunities
to participate as team members in a Subcontractor capacity.
The Consultant shall have no ownership, licensing, or copy rights to any
files, records, or data or, related reports collected, stored, generated,
maintained, or transmitted as a result or as part of the Contract resulting
from this Request for Proposal.
The Consultant shall not share with, disclose to, offer for sale to, disseminate
to, or duplicate for any entity, not a party to this Contract, any work product,
deliverable, report, analyses, or advice (verbal, documented, or electronic)
that is produced as a result of performance under this Contract without the
Department's consent.
At the termination of the Contract, the Consultant shall cooperate with
the Department to ensure that all files, records, data, and reports collected,
stored, generated, maintained, or transmitted, as a result of the Contract,
and all equipment, of which the Department is the rightful owner, remain intact
during their transfer into the possession of the Department or its assignee.
Finally, pursuant to Government Code, §2254.029, the Department hereby
discloses its intent to award the contract to de la Torre Klausmeier Consulting
of Austin, Texas unless a better offer is received. This Consultant has provided
similar, or identical, services in the past and has demonstrated the requisite
expertise necessary to satisfactorily perform this contract and, in the interest
of program continuity and time constraints, it is in the best interests of
the State to show a preference.
This disclosure is not intended to discourage any qualified respondent
to make an offer. All proposals will be evaluated and, ultimately, a consultant
selected pursuant to Government Code, §2254.027.
4. SUBMISSION OF PROPOSAL.
The deadline for submitting a response for this procurement is Thursday,
August 5, 2004 at 5:00 P.M. Proposals received after this deadline will not
be considered under any circumstances.
5. PROCUREMENT AND CONTRACT DOCUMENTS.
A. This procurement shall be conducted in accordance with the Professional
Services Procurement Act (Texas Government Code, Chapter 2254).
B. Vendors shall supply eight (8) copies of the proposal for evaluation
purposes, three (3) of which shall be in binders, to the address shown in
the "POINT OF CONTACT" section below. Proposals must be submitted in a sealed
envelope clearly marked with the RFP number and the scheduled date and time
of opening. Proposals will not be accepted via facsimile or electronic transmissions.
C. This is not a complete bid package. For a complete copy of package,
including specifications, terms and conditions, go to the Electronic State
Business Daily at www.esbd.tbpc.state.tx.us.
6. POINT OF CONTACT.
Tom Jackson, Procurement and Grants Administrator Accounting and Budget
Control 5805 N. Lamar Blvd., Building A Austin, Texas 78752 (512) 424-2305
7. INQUIRIES. All inquiries shall be directed to the contact individual.
Specific questions regarding the RFP shall be submitted in writing. Questions
may be received by fax, letter, or e-mail. Telephone inquiries shall not be
responded to. Responses will be delivered by fax if appropriate information
is provided, or by e-mail. Only answers that are provided in writing from
the contact individual shall be considered official responses.
8. ORAL PRESENTATIONS.
The TxDPS may, at its discretion, elect to have Vendors provide oral presenetations
of their response.
9. ADDENDA TO THE RFP.
The TxDPS may, by written addendum, change any portion of the RFP.
10. TxDPS RIGHTS.
The rights reserved by the TxDPS include but, are not limited to:
A. The right to use any and all ideas presented in any response to the
RFP, the selection or rejection status of any offer, from which ideas may
be used, notwithstanding;
B. The right to reject any and all Proposals received in response to this
Request for Proposal which do not conform to the preparation, content, or
submission guidelines outlined herein; or, if it is in the best interest of
the State of Texas to do so;
C. The right to accept Proposals, which represent the best value to the
State of Texas and without discussion of those Proposals with Respondents;
D. The right to waive minor Proposal provisions in Proposals received,
after prior notice, coordination, and concurrence of the Respondent;
E. The right to modify minor irregularities in Proposals received, after
prior notice, coordination, and concurrence of the Respondent;
F. The right, in its sole discretion, to amend this Request for Proposal
so as to clarify, revise, supplement, or delete any provision hereof or to
add any new provision hereto;
G. The right, in its sole discretion, to withdraw this Request for Proposal
in its entirety and, as part of such withdrawal, reject all Proposals which
have been submitted by Respondents;
H. The right to terminate contract negotiations with the Respondent, in
order to serve the best interests of the Department and the State of Texas;
I. The right to satisfy itself that the Respondent will be able to perform
under the Contract;
J. The right to enter, and to be granted entry by the Consultant to, the
Consultant's fixed and mobile facilities at any time and without delay to
evaluate security and storage facilities and inspect methods and compliance
with all specifications herein;
K. The right to inspect and test all services called for by the Contract,
to the extent practicable at all times and places during the term of the Contract;
L. The right to audit the Consultant's records and documents regarding
the terms and conditions of this Contract; and,
M. The right to exclusive ownership, and possession on demand or contract
termination, of all files, records, and data collected, stored, generated,
maintained, or transmitted in the performance of the Contract.
11. COST OF PROPOSAL PREPARATION.
The TxDPS shall not be responsible for any costs incurred by a vendor in
preparing and submitting a response to the RFP.
12. EVALUATION CRITERIA FOR AWARD.
A. The award will be made to the vendor whose proposal offers the best
value for the state and is in the state's best interest. In determining the
proposals that offer the best value and are in the state's best interest,
the TxDPS will consider the below listed criteria:
B. Each Proposal will be evaluated on the basis of a 1,000 point scoring
system allocated as follows, with point totals in the far right column.
1. Cost Proposal: 600
2. Consultant Capability: 400
C. Each proposal which is not rejected shall be evaluated and graded by
the Evaluation Committee.
D. The entire 600 points, for the Cost Proposal, will be awarded to the
proposal that represents the lowest cost, for consultant services, to the
State of Texas. All other proposals will receive reduced points in this category
based on their proposed costs with the following formula applied:
1. A value of 12 points for each percentage of increased cost, over the
lowest cost offer, will be deducted from 600 points up to the entire 600 points
for an offer that proposes a cost at more than 50% above the lowest cost proposal.
E. Consultant Capability is further divided into three specific categories;
competence, knowledge, and qualifications. The proposals will be scored in
each of these specific areas, relative to one another, and using the following
scoring method:
1. Each member of the evaluation committee will review the proposals and
submit individual scores for consultant competency, knowledge, and qualification.
2. The offer judged, by the committee member, to demonstrate the highest
level of consultant competence will receive a score of 133.33 points by the
individual committee member. Each other proposal will receive a lesser score,
by the member, based on their independent judgment of the relative competency
of consultant when compared with the consultant they judged to be most competent
down to 0 points for a consultant the member judges to be wholly incompetent.
3. The individual members' scores for competency will be averaged and that
shall represent the consultant's score, for competency, toward the 400 points
awarded for consultant capability.
4. The scores for knowledge and qualifications shall be derived in the
same manner. After the individual scores for competency, knowledge, and qualifications
have been calculated, the cumulative points will be the score awarded to the
consultant in the "Contractor Capability" category.
F. The TxDPS reserves the right not to award to any vendor the TxDPS considers
to be non-responsive and/or irresponsible and, to make no award at all.
13. CONTRACT TERMS.
The award shall be for a term that includes the remainder of the current
biennium, beginning on the date the purchase memorandum is issued and concluding
at 11:59 P.M. on August 31, 2005.
14. MATERIAL CHANGES IN THE EXPENSE OF THE WORK.
In the event of the adoption, amendment, or repeal of any applicable state
or federal statute, federal or state legislation, administrative rules or
regulations which are the basis of the Texas Inspection and Maintenance Program,
or in the event of the issuance of a final decision by a court of competent
jurisdiction, the effect of which is not contemplated by the Contract and
materially increases or decreases the cost to the Consultant of performing
the Contract, the Department and the Consultant shall meet and attempt to
agree on amendments to the Contract. If the parties cannot agree to amendments
within sixty (60) days of their initial meeting, a dispute shall be deemed
to exist and shall be with the following review process:
The Consultant's representative shall provide written notice of all facts
and supporting documentation concerning the dispute to the Department Representative.
The Department representative shall review these materials and shall, within
thirty (30) days of receipt of the notice from the Consultant's representative,
provide a written notice to the Consultant of the Department's position on
the disputed issues and the reason(s) thereof.
The decision of the Department Representative shall be final unless, within
thirty (30) days of receipt of the written decision, the Consultant presents
a written appeal to the Director.
Pending a final decision of any appeal, the Consultant shall proceed diligently
with the performance of the Contract in accordance with the written decision
of the Department Representative.
Within thirty (30) days of receipt of the appeal, the Director will render
a written decision. The decision of the Director shall be final, subject only
to the Consultant's right to further remedies as are available by law.
While pursuing further remedies, the Consultant shall proceed diligently
with the performance of the Contract in accordance with the decision of the
Director.
Thereafter, if the parties are unable to resolve the dispute, the provisions
of the Request for Proposal for early termination of the contract without
fault by the Consultant due to a substantial amendment to the Program, may
be invoked.
15. EXPERTISE REQUIRED.
The Proposal must demonstrate a comprehensive understanding of the objectives
and purposes associated with the Contract and the Texas Inspection and Maintenance
Program.
The Respondent must demonstrate knowledge of all State and Federal Statutes
related to this program and its execution.
16. DELIVERABLES.
A. Evaluative consultation of existing, planned, or proposed Early Action
Compacts (EAC) and their structures as they relate to the Department goal,
objective, or mission in emission-control strategies characterized by;
1. Consultations, in this area, primarily focused on the identification
of inspection and maintenance options, through the evaluation and analysis
of existing, emerging, or future protocols, for EAC areas:
a. Accelerations Simulation Mode (ASM), On-Board Diagnostics (OBD), Two-Speed
Idle (TSI), and Remote Sensing Devices (RSD) protocols currently employed
in the Houston, Dallas, Fort Worth, and El Paso metropolitan areas;
b. OBD II-only with RSD screening for ASM testing regimen as an alternative
in State or EAC programs;
c. OBD II-only with TSI as a proposed option in the EAC areas;
d. RSD screening for OBD and ASM testing as an option for I/M programs;
and,
e. Any other identified or emerging technology, protocol, or regimen that
could prove valuable in the Department's efforts in responding to its obligations
with respect to implementation or regulation of emissions-testing programs;
2. A particular emphasis on the evaluation and emissions-reduction benefits
of RSD-based alternatives is desirable; and,
3. The development of implementation and regulatory guidance for any resulting
programs.
B. Evaluative and analytical consultation on the unique challenges posed
by the integration, into the OBD II fleet, of Controller Area Network (CAN)
equipped vehicles; Evaluative and analytical consultation on existing or revealed
problems with OBD and OBD II equipped vehicles having chronic "not-ready"
codes and other problems affecting program integrity;
C. Evaluative consultation and assistance in producing drive cycle or other
guidance for the Department to use in instructing or assisting inspection
stations, testing facilities, repair facilities, vehicle operators, and/or
vehicle owners in resolving not-readiness and other OBD issues;
D. Evaluative consultation and analysis in determining the effectiveness,
impact, compliance, integrity, and overall benefit of the Texas Inspection
and Maintenance Program; and,
E. Evaluative consultation and analysis aimed at corollary or comparative
studies of the Texas Inspection and Maintenance Program and programs and similar
programs administered by other countries, states, agencies, or private entities.
17. INSTRUCTIONS TO BIDDERS.
Respondents are encouraged to initiate preparation of Proposals immediately
upon receipt of this Request for Proposal so that all relevant questions and
information needs can be identified and addressed for adequate time to be
available to prepare a comprehensive and complete proposal.
Preparation, content, and submission instructions must be adhered to and
all requested information must be supplied. Failure to comply may result in
Proposal rejection.
The entire Request for Proposal should be carefully studied and understood
before a Proposal is submitted.
The Proposal will follow the sequence outlined in this section, and Respondents
will respond to all questions. Proposals will be typed, spaced throughout
in a manner that facilitates review, and completed on 8 1/2" x 11" paper (or
pages folded to 8 1/2" x 11") with all pages sequentially numbered within
each section.
The name of the Respondent will be shown at the top of each page. If necessary,
sections may be submitted in multiple binders, marked with the section number,
and labeled accordingly.
The Respondent must follow the format prescribed in this section for submission
of a Proposal. Proposals which do not follow the format and structure prescribed
herein will be rejected and not evaluated.
There is no restriction on the overall length of the Proposal. Unnecessarily
elaborate presentations beyond those sufficient to present a complete and
effective response to this Request for Proposal are not desired.
Elaborate artwork, expensive paper and bindings, and expensive visual and
other presentation aids are not necessary.
Respondents will attempt to communicate their Proposals as clearly as possible.
While in rare cases, a lengthy section may be needed to describe a complex
set of issues; the Department prefers clear, concise responses where applicable.
However, the Department believes detailed and complete work plans and descriptions
of deliverables, work products, and equipment are necessary to demonstrate
a Respondent's knowledge and expertise.
TRD-200403966
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: June 16, 2004
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214
Notice is given to the public of the filing on June 11, 2004, with the
Public Utility Commission of Texas (commission), a notice of intent to file
a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule
26.214. The Applicant will file the LRIC study on or around June 21, 2004.
Docket Title and Number: Texas ALLTEL, Incorporated Application for Approval
of LRIC Study to Implement New National and Reverse Directory Assistance (DA)
Services Pursuant to P.U.C. Substantive Rule 26.214, Docket Number 29846.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 29846. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin,
Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments
should reference Docket Number 29846.
TRD-200404015
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 18, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of a petition on May 10, 2004, for expanded local calling service
(ELCS), pursuant to Public Utility Regulatory Act (PURA), Chapter 55, Subchapter
C. A summary of the application follows.
Project Title and Number: Petition of the Hawley Exchange for Expanded
Local Calling Service, Project Number 29689.
The petitioners in the Hawley exchange request ELCS to the exchanges of
Anson, Hamlin, Merkel, and Stamford.
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
July 5, 2004. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2789.
All comments should reference Project Number 29689.
TRD-200404065
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 21, 2004
The Public Utility Commission of Texas (PUCT) published notice regarding
the Request for Offers (RFO) for a Financial Advisor to Assist the Commission
with Electric Utility Issuances of Transition Bonds in the April 23, 2004,
issue of the
Texas Register
(29 TexReg 4020).
The PUCT has determined that it is in the best interest of the State to withdraw
this RFO, Project Number 29049.
Any questions concerning this withdrawal should be directed to the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326, (512)
936-7120 or (toll-free) 1-888-782-8477. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136 or
(toll free) 1-800-735-2989.
TRD-200404064
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 21, 2004
Notice of 2004 Texas Community Development Program Grant Awards
The Office of Rural Community Affairs announces that the units of general
local government listed as follows have been selected as contract recipients
for 2004 program year Community Development Funds, Housing Rehabilitation
Funds, and Planning and Capacity Building Funds under the Texas Community
Development Program established pursuant to Texas Government Code, Chapter
487, §487.351.
A contract is not effective until executed by the unit of general local
government and the Executive Director of the Office of Rural Community Affairs.
2004 Community Development Fund grantees:
Abernathy-$250,000, Alice-$298,000, Alvord-$250,000, Anahuac-$350,000,
Angleton-$350,000, Anna-$250,000, Anthony-$263,000, Asherton-$166,975, Aubrey-$250,000,
Austin County-$350,000, Bandera-$250,000, Bardwell-$215,000, Bay City-$104,449,
Bell County-$250,000, Bellevue-$150,000, Bellmead-$226,500, Bells-$250,000,
Belton-$250,000, Benavides-$300,000, Big Lake-$174,999, Big Spring-$350,000,
Bishop-$300,000, Blossom-$249,983, Bogata-$250,000, Bonham-$250,000, Booker-$250,000,
Brackettville-$267,844, Brady-$174,900, Brewster County-$263,000, Bryson-$150,000,
Burnet County-$250,000, Carmine-$250,000, Chandler-$250,000, Chillicothe-$150,000,
Cleveland-$350,000, Clifton-$250,000, Clint-$262,955, Collinsville-$148,875,
Combes-$211,107, Concho County-$174,900, Cooper-$250,000, Crockett County-$154,111,
Crystal City-$369,712, Culberson County-$263,000, Daingerfield-$250,000, Dayton-$350,000,
De Leon-$250,000, Del Rio-$399,579, Detroit-$224,000, Devine-$250,000, Dimmitt-$197,500,
Driscoll-$300,000, Duval County-$300,000, Eagle Pass-$800,000, Eden-$174,749,
Edgewood-$250,000, Edna-$105,182, Ellis County-$245,000, Falls City-$250,000,
Fayette County-$250,000, Ferris-$250,000, Flatonia-$250,000, Floresville-$250,000,
Forsan-$350,000, Fort Stockton-$350,000, Galveston County-$350,000, Glen Rose-$244,250,
Goree-$250,000, Gorman-$250,000, Grand Saline-$250,000, Grandview-$250,000,
Granger-$250,000, Granite Shoals-$250,000, Grapeland-$250,000, Grimes County-$250,000,
Gruver-$250,000, Hackberry-$250,000, Hall County-$250,000, Hempstead-$350,000,
Hereford-$250,000, Hico-$250,000, Horizon City-$263,000, Hughes Springs-$250,000,
Hunt County-$250,000, Huxley-$250,000, Indian Lake-$314,360, Italy-$250,000,
Jasper County-$250,000, Jeff Davis County-$263,000, Jewett-$250,000, Jim Hogg
County-$773,330, Johnson City-$250,000, Jourdanton-$250,000, Keene-$250,000,
Kemp-$250,000, Kerr County-$250,000, Kirbyville-$250,000, La Vernia-$250,000,
Laguna Vista-$314,360, Lakeport-$250,000, Log Cabin-$250,000, Lometa-$350,000,
Lone Star-$250,000, Los Indios-$314,360, Lovelady-$250,000, Madisonville-$250,000,
Manor-$250,000, Marble Falls-$250,000, Marfa-$263,000, Martindale-$250,000,
McLean-$250,000, Meadow-$250,000, Mertens-$250,000, Mexia-$250,000, Milford-$250,000,
Mineral Wells-$250,000, Moulton-$250,000, Nacogdoches County-$250,000, Navasota-$250,000,
Newark-$250,000, Newcastle-$150,000, Newton-$250,000, Nixon-$250,000, Nome-$250,000,
Orange County-$250,000, Palestine-$250,000, Pearsall-$250,000, Pecos County-$350,000,
Pinehurst-$187,325, Point-$250,000, Polk County-$186,553, Port Isabel-$314,360,
Port Neches-$250,000, Poth-$250,000, Presidio-$263,000, Primera-$314,360,
Quanah-$150,000, Quinlan-$236714, Rains County-$250,000, Ralls-$148,344, Refugio-$300,000,
Rio Grande City-$773,330, Rio Hondo-$375,661, Rio Vista-$250,000, Rising Star-$250,000,
Robstown-$382,833, Rochester-$82,186, Roma-$773,330, Rose City-$250,000, Roxton-$210,830,
Royse City-$250,000, Rusk-$250,000, San Perlita-$314,360, Scurry County-$250,000,
Smiley-$250,000, Smyer-$250,000, Snyder-$250,000, Sour Lake-$250,000, Southmayd-$250,000,
Springtown-$250,000, Spur-$250,000, Starr County-$773,330, Streetman-$250,000,
Sundown-$250,000, Tatum-$250,000, Thorndale-$250,000, Three Rivers-$300,000,
Timpson-$249,090, Toyah-$350,000, Trenton-$217,440, Trinity-$250,000, Van
Zandt County-$250,000, Vernon-$150,000, Waelder-$250,000, Washington County-$250,000,
Wellington-$166,029, Wharton County-$350,000, Wickett-$350,000, Wilbarger
County-$145,000, Wills Point-$250,000, Wilson-$250,000, Winnsboro-$206,900,
Woodville-$250,000, Wortham-$244,497, Zavala County-$369,712.
2004 Housing Rehabilitation Fund grantees:
Ames-$250,000, Brookshire-$250,000, Delta County-$250,000, Mineola-$250,000,
Monahans-$250,000, San Saba County-$250,000.
2004 Planning and Capacity Fund grantees:
Aspermont-$26,800, Bartlett-$37,350, Collinsville-$32,750, Deport-$18,400,
Devers-$19,200, Dodd City-$20,600, Eldorado-$47,200, Electra-$50,000, Freer-$49,200,
Gunter-$32,750, Karnes City-$28,695, Leonard-$40,400, Littlefield-$28,100,
Log Cabin-$23,800, Merkel-$44,800, Muleshoe-$50,000, Rankin-$26,800, San Perlita-$25,500,
Spur-$31,050, Stamford-$50,000, Tahoka-$28,700, West-$47,200.
If you have any questions or need additional information, please contact
Jeff Vistein at (512) 936-7878 or by e-mail at the following address jvistein@orca.state.tx.us.
TRD-200403992
Robt. J. "Sam" Tessen
Executive Director
Office of Rural Community Affairs
Filed: June 17, 2004
Public Notice--Aviation
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative
Code, §30.209, the Texas Department of Transportation conducts public
hearings to receive comments from interested parties concerning proposed approval
of various aviation projects.
For information regarding actions and times for aviation public hearings,
please go to the following web site:
http://www.dot.state.tx.us
Click on Aviation, click on Aviation Public Hearing. Or, contact Karon
Wiedemann, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512)
416-4520 or 1-800-68-PILOT.
TRD-200404089
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: June 22, 2004
Request for Proposal
In compliance with Chapter 2254, Texas Government Code, the University
of Houston System furnishes this notice of request for proposal (RFP). The
University of Houston System seeks proposals from qualified firms to provide
support for its implementation of PeopleSoft Student Administrative System.
Interested parties are invited to express their interest and describe their
capabilities on or before August 2, 2004.
The term of the contract is to be for a four month period beginning on
or about August 2, 2004 and ending on or about December 2, 2004. Further technical
information can be obtained from Brian McKinney at (713) 743-9116. All proposals
must be specific and must be responsive to the criteria set forth in this
request.
GENERAL INSTRUCTIONS: The University of Houston System (UHS) is in the
process of implementing the PeopleSoft software suite. Over the past three
years, UHS has successfully implemented PeopleSoft Financials, and Human Resources
Management System (HRMS) for all campuses. PeopleSoft Student Administration
(SA) modules are currently in production at the UH Clear Lake campus. UHS
is in the process of upgrading HRMS and Financials at all the campuses, as
well as SA at the Clear Lake campus. UHS is in the process of implementing
Student Administration on the UH and Victoria campuses. An external peer review
was conducted in January 2004, of the current PeopleSoft student implementation
(SAA) project, and the upgrade efforts of the HRMS, SA at Clear Lake, and
Finance systems. The review report detailed recommendations and action items
for UHS. UHS is interested in retaining a consulting firm to support implementation
of the recommendations of the review, assist in the implementation of the
student functionality at other campuses, including upgrading the software
already in production.
THE PROJECT: The PeopleSoft Implementation Support work will have the following
components:
(1) Provide guidance for balancing ongoing operations and the demands of
project implementation. This relates to Information Technology and Enrollment
Services; Re-evaluate the SAA project's budget, based upon a bottom-up estimate
of the project's scope. The budget should include support for change management
and backfill, and address internal and external resources, hardware, software,
and other required costs for the remainder of the current fiscal year, Fiscal
Year '05 and projections for Fiscal Years '06 and '07;
(2) Develop a project management approach that articulates how the SAA
project will be tracked and progress reported based on effort (work), budget,
milestones, and other effective indicators of project status. The approach
will also address how key stakeholders will oversee project progress through
regular meetings, review and approval of work-planning packages, and receipt
of project management metrics and status reports;
(3) Review the planned implementation sequence for SAA. Create a modified
go-live strategy that reduces risk through a phased implementation based on
academic calendars to minimize data conversion efforts;
(4) Create detailed project work plans, and detailed status reporting that
tracks progress against plan, with regard to deliverables, schedule, milestones,
effort, budget, staffing, and other key project indicators for the upgrade
initiatives;
(5) Generate a communication and change management plan to articulate the
need for and benefits of UH and UH Victoria (UHV) moving to PeopleSoft Student
Administration;
(6) Refine the project organization structure and governance approach to
help UHS achieve the upgrade and SAA project outcomes. This structure and
approach must include roles and responsibilities for the major constituencies
on the project;
(7) Develop contingency plans for the current production upgrades;
(8) Develop a written software modification policy that sets appropriate
expectations;
(9) Perform a technology review to confirm the necessary third party tools
are in place;
(10) Evaluate the current UHS capacity to maintain production PeopleSoft
systems, and
(11) provide an order-of-magnitude estimate of the on-going support costs
and alternative approaches. The consulting firm will assist the UHS in generating
work-planning packages for the Student implementation at UH and UHV. Each
work-planning package will include a stakeholder sign-off sheet, assumptions
and overview documents, estimating factors, staffing plan, Gantt chart schedule,
organization chart, and a high-level user participation schedule. Proposal
responses should include, as a minimum, prior experience with the aforementioned
systems and project work scope, a comprehensive list of deliverables, a project
plan (including dates for deliverables), and costs associated with deliverables
and references of same or similar projects with other major institutions of
higher education.
CRITERIA FOR EVALUATION: Evaluation of Proposals and award to the Selected
Proposer will be based on the following factors, as weighted and listed below:
(i) Evidence of ability to deliver project support as defined in the project
description 50%;
(ii) Demonstrated understanding of goals as defined in the proposal description
and deliverables 20%; and
(iii) Cost 30%.
GENERAL INSTRUCTIONS: Submit one original and two copies of your proposal
in a sealed envelope to: Brian McKinney, University of Houston System, 207
Ezekiel Cullen Building, Room A, Houston, Texas 77204-2019 before 3:00 PM,
August 2, 2004. The original shall be prepared on a word processor and formatted
in at least 10-point-font that is clearly readable. The copies shall be of
good, readable quality.
SCHEDULE:
August 2, 2004--Proposal due
Week of August 2, 2004--Firm is selected
Week of August 2, 2004--Project begins
December 2, 2004--Project completed
With the exception of the Proposal Due date, all dates are to be considered
estimates and subject to adjustment.
COMPLIANCE WITH RFP REQUIREMENTS: By submission of a Proposal, a Proposer
agrees to be bound by the requirements set forth in this RFP. The System,
at its sole discretion, may disqualify a Proposal from consideration, if the
System determines a Proposal is non-responsive and/or non-compliant, in whole
or in part, with the requirements set forth in this RFP.
SIGNATURE, CERTIFICATION OF PROPOSER: The Proposal must be signed and dated
by a representative of the Proposer who is authorized to bind the Proposer
to the terms and conditions contained in this RFP and to compliance with the
information submitted in the proposal. Each Proposer submitting a Proposal
certifies to both (i) the completeness, veracity, and accuracy of the information
provided in the Proposal and (ii) the authority of the individual whose signature
appears on the Proposal to bind the Proposer to the terms and conditions set
for in this RFP. Proposals submitted without the required signature shall
be disqualified.
OWNERSHIP OF PROPOSALS: All Proposals become the physical property of the
System upon receipt.
USE, DISCLOSURE OF INFORMATION: Proposers acknowledge that the System is
an agency of the State of Texas and is, therefore, required to comply with
the Texas Public Information Act. If a Proposal includes proprietary data,
trade secrets, or information the Proposer wishes to except from public disclosure,
then the Proposer must specifically label such data, secrets, or information
as follows: "PRIVILEGED AND CONFIDENTIAL--PROPRIETARY INFORMATION." To the
extent permitted by law, information labeled by the Proposer as proprietary
will be used by the System only for purposes related to or arising out of
the (i) evaluation of Proposals, (ii) selection of a Proposer pursuant to
the RFP process, and (iii) negotiation and execution of a Contract, if any,
with the Proposer selected.
REQUEST FOR CLARIFICATION: The System reserves the right to request clarification
of any information contained in a Proposal.
TERMINATION: This Request for Proposal (RFP) in no manner obligates the
University of Houston System to the eventual purchase of any services described,
implied or which may be proposed until confirmed by a written consultant contract.
Progress towards this end is solely at the discretion of the University of
Houston System and may be terminated without penalty or obligation at any
time prior to the signing of a contract. The University of Houston System
reserves the right to cancel this RFP at any time, for any reason and to reject
any or all proposals
TRD-200404178
Dona G. Hamilton
VC/VP for Legal Affairs and General Counsel
University of Houston System
Filed: June 23, 2004
Texas Building and Procurement Commission
Invitation for Bid
Office of Consumer Credit Commissioner
Texas Council for Developmental Disabilities
Notice of Request for Ideas
Request for Proposals
Texas Commission on Environmental Quality
Proposed Enforcement Orders
Texas Department of Health
Designation of Montana Clinic Salud y Vida, P.A. as a Site Serving Medically Underserved Populations
Licensing Actions for Radioactive Materials
Notice of Agreed Order with Austin Radiological Association
Notice of Agreed Order with Hereford Regional Medical Center
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Imaging and Medical Diagnostic Specialists, P.A., dba Central Imaging of Arlington
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Professional Services Industries, Inc.
Texas Department of Housing and Community Affairs
Department of Information Resources
Texas Department of Insurance
Third Party Administrator Application
Texas Lottery Commission
Instant Game Number 451 "High Roller"
Manufactured Housing Division
Texas Department of Mental Health and Mental Retardation
Texas Department of Public Safety
Public Utility Commission of Texas
Notice of Petition for Expanded Local Calling Service
Notice of Withdrawal of Request for Offers for a Financial Advisor to Assist the Commission with Electric Utility Issuances of Transition Bonds
Office of Rural Community Affairs
Texas Department of Transportation
University of Houston System
Texas Workers' Compensation Commission