Texas Building and Procurement Commission
List and Summary of Other States' Laws that Regulate Award of Governmental Contracts to Out of State Bidders

Pursuant to Texas Government Code, Title 10, §2252.003, the Texas Building and Procurement Commission publishes this list of states having laws and rules that regulate the award of governmental contracts to bidders whose primary place of business is not in that state. The list includes the citation to and a summary of the laws and rules pertaining to the evaluation of bids and the award of contracts to nonresident bidders.

Reciprocal Preference--The Texas Building & Procurement Commission may award a contract to a nonresident bidder only if its bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state where the nonresident's principal place of business is located (Texas Government Code, Title 10, §2252.002).

In evaluating the bid of a nonresident bidder, an amount will be added equal to the amount a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state where the nonresident bidder's principal place of business is located. After the amount is added, an award may be made to the nonresident bidder if it is determined to have the lowest price and best bid. The amount added is for evaluation purposes only; in no event shall an amount be awarded in excess of the amount actually bid (Texas Administrative Code, Title 1, §113.8).

ALABAMA:

Code of Alabama, Title 14, §14-7-13 --All state offices, departments, institutions and agencies supported by the state shall purchase from the Alabama Board of Corrections. Exceptions provided under §14-7-14 for articles or products produced or manufactured by the Alabama Institute for the Deaf and Blind.

Code of Alabama, Title 14, §14-7-14 --Exceptions for §14-7-13 may be made in the case of articles or products produced or manufactured by the Alabama Institute for the Deaf and Blind.

Code of Alabama, Title 21, §21-2-2 --Preference for products made or manufactured by the blind, visually handicapped, deaf or severely handicapped through the Alabama Institute for the Deaf and Blind. Preference is not applied over articles produced or manufactured by convicts in Alabama employed in industries operated or supervised by the board of corrections.

Code of Alabama, Title 39 §39-3-5 --Preference to resident contractors in tie bids for public contracts in which any state county or municipal funds are utilized, except those contracts funded in whole or in part with funds received from a federal agency. Reciprocal preference is applied to nonresident contractors in the letting of public contracts. A nonresident contractor is defined in §39-2-12 as a contractor who is neither organized nor existing under the laws of the State of Alabama, nor maintains its principal place of business in the State of Alabama.

Code of Alabama, Title 41, §41-16-20 --With the exception of public works contracts a preference is applied in all contracts involving $7,500 or more to a person, firm or corporation who (1) produces or manufactures the product within the State of Alabama; (2) has an assembly plant or distribution facility for the product within the State of Alabama; and (3) is organized for business under the applicable laws of the State of Alabama as a corporation, partnership, or professional association and has maintained at least one retail outlet or service center for the product or service within the State of Alabama for not less than one year prior to the deadline date of the competitive bid as long as the bid of the preferred bidder is no more than 5% greater than the bid of the lowest responsible bidder.

Code of Alabama, Title 41, §41-16-27 --Contractual services and purchases of personal property regarding the athletic department, food services and transit services negotiated on behalf of two-year and four-year colleges and universities may be awarded without competitive bid and preference given to an Alabama business entity (a sole proprietorship, partnership or corporation organized in the State of Alabama). Preference to an Alabama business entity does not apply if the product or service is supplied by a foreign corporation and is substantially different or superior to the product or service supplied by the Alabama business entity.

Code of Alabama, Title 41, §41-16-57 --Preference in tie bids for commodities produced in Alabama or sold by Alabama persons, firms, or corporations in the purchase of or contract for personal property or contractual services.

ALASKA:

Alaska Statutes, §36.15.010 --In projects to be financed by state money, wherever practical, a preference is given to timber, lumber and manufactured lumber products originating in Alaska from local forests.

Alaska Statutes, §36.15.050 --Contracts and calls for bids shall denote a preference for agricultural products harvested in the state of Alaska and for fisheries products harvested or processed within the jurisdiction of the State of Alaska when purchased by the state or by a school district that receives state money as long as it is no more than 7% higher than non-Alaskan products.

Alaska Statutes, §36.30.170 --

Part (a)--Contract award after bids --Generally, contracts are awarded to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set out in the invitation to bid, except as provided by the following.

Part (b)--Alaska Products --Applies an Alaska bidder preference of 5%, an Alaska products preference as described in § 36.30.322 through §36.30.328, and a recycled products preference under § 36.30.337 over the lowest responsive and responsible bidder.

"Alaska bidder" is defined as a person who (1) holds a current Alaska business license; (2) submits a bid for goods, services or construction under the name in the Alaska business license; (3) maintains a place of business within the state; (4) is incorporated or qualified to do business under the laws of the State of Alaska, is a sole proprietorship and the proprietor is a resident of the State of Alaska, is a limited liability company organized under Alaska Statutes §10.50 and all members are residents of the State of Alaska, or is a partnership under Alaska Statutes §32.05 and §32.11 and all partners are residents of Alaska; and (5) if it is a joint venture, that it is composed entirely of ventures that meet the preceding qualifications.

Part (c)--Employment Program --Award to an Alaska bidder who is not more than 15% higher than the lowest bid when Alaska bidder offers services through an employment program. "Program" means the state training and employment program established in Alaska Statutes, § 23.15.620 through §23.15.660.

Part (d)--Insurance Related --An Alaska bidder preference of 5% over the lowest bid for insurance related contracts.

Part (e)--Qualified Entity --An Alaska bidder preference of 10% over the lowest bid applied to a bidder who qualifies under §36.170(b) and is a qualifying entity. Qualifying entity is defined as (1) a sole proprietorship owned by a person with a disability; (2) a partnership if each of the partners is a person with a disability; or (3) a limited liability company if each of the members is a person with a disability.

Part (f)--Employees with Disability --An Alaska bidder preference of 10% over the lowest bid if at least 50% of bidder's employees at time of the bid are persons with a disability.

Alaska Statutes, §36.30.322 --Preference for timber, lumber and manufactured lumber products originating in the state of Alaska forests to be procured by an agency or used in construction projects of an agency unless the Alaska producer or supplier has been given reasonable notice and is unable to supply the products at a cost within 7% of the price offered by a manufacturer or supplier of non-Alaska forest products.

Alaska Statutes, §36.30.324 --Preference for use of Alaska products and recycled Alaska products in procurements for an agency.

Alaska Statutes, §36.30.330 --If a successful bidder or offeror who designates the use of an Alaska product in a bid or proposal for a procurement for an agency fails to use the designated product for a reason within the control of the successful bidder or offeror, each payment under the contract shall be reduced 4% for Class I designated Alaska product, 6% for Class II, and 8% for Class III. A person is not a responsible bidder or offeror if, in the preceding three years, the person has twice designated the use of an Alaska product in a bid or proposal and has each time failed to use the designated Alaska product for reasons within the control of the bidder or offeror.

Alaska Statutes, §36.30.332 --Preference for the following Alaska products: Preference of 3% for Class I products that are more than 25% and less than 50% produced or manufactured in the State of Alaska. Preference of 5% for Class II products that are 50% or more and less than 75 % produced or manufactured in the State of Alaska. Preference of 7% for Class III products that are 75% produced or manufactured in the State of Alaska.

Alaska Statutes, §36.30.338 --Definitions: "Alaska product" means a product of which not less than 25% of the value has been added by manufacturing or production in the State of Alaska.

"Produced or manufactured" means processing, developing, or making an item into a new item with a district character and use through the application within the state of materials, labor, skill or other services.

"Product" means materials or supplies but does not include gravel and asphalt.

"Recycled Alaska product" means an Alaskan product of which not less than 50% of the value of the product consists of a product that was previously used in another product, if the recycling process is done in the State of Alaska.

Title 2, Alaska Administrative Code, §12.260

Part (d): Alaska Bidder. The price of an offeror who qualifies as an Alaska bidder under AS 36.30.170 (b) shall be reduced by 5% and all other applicable preferences must be applied.

Part (e): Numerical Rating System. If a numerical rating system is used in evaluating competitive sealed proposals, an Alaska offeror preference of at least 10% of the total possible value of the rating system is assigned to a proposal from an Alaska bidder.

Title 2, Alaska Administrative Code, §12.890 --If both the Alaska bidder's preference under AS 36.30.170(b) and the Alaska products preference under AS 36.30.322 --36.30.328 apply to a solicitation, a procurement officer shall apply the bidder's preference first and the products preference second.

ARIZONA:

Arizona Revised Statutes Annotated, Title 34, §34-242 --Preference for bidders who furnish materials produced or manufactured in the State of Arizona to construct a building or structure, or additions to or alterations of existing buildings or structures to any political subdivision of the State of Arizona as long as a competing bidder is less than 5% lower. Bidders cannot claim a preference pursuant to both § 34-242 and §34-243 and may not receive more than 5% total preference.

Arizona Revised Statutes Annotated, Title 34, §34-243 --Preference to bidders who furnish materials supplied by a dealer who is a resident of the State of Arizona to construct a building or structure, or additions to or alterations of existing buildings or structures for any political subdivision of Arizona whenever the bid of a competing bidder is less than 5% lower than that of the resident dealer.

Arizona Revised Statutes Annotated, Title 41, §41-2636 --Preference for state governmental units to purchase office products, vinyl binders and furniture from Arizona industries for the blind, certified nonprofit agencies for disabled individuals and Arizona correctional industries if (1) such materials and services are readily available; (2) such materials and services are capable of timely delivery; and (3) such materials and services are of equal quality and price for these same materials and services in the private sector.

ARKANSAS:

Arkansas Code Annotated, AR ST §12-30-304 --Preference for state institutions to purchase products grown or produced by the Arkansas State penitentiary and other farms.

Arkansas Code Annotated, AR ST §13-8-206(c)(2) --Preference for works of art by Arkansas artists when purchasing or commissioning art work for a state agency building to be constructed or renovated.

Arkansas Code Annotated, AR ST §19-11-259(b) --Preference to a firm resident in Arkansas in the purchase of commodities that are materials and equipment used in public works projects if the bid does not exceed the lowest qualified bid from a nonresident firm by more than 5% and if 1 or more firms resident in Arkansas made written claim for a preference at the time the bids were submitted.

Arkansas Code Annotated, AR ST §19-11-260 --Preference of 10% for recycled paper products. An additional 1% preference is allowed for products containing the largest amount of post consumer materials recovered within the State of Arkansas. A bidder receiving a preference under this section shall not be entitled to an additional preference under §19-11-259.

Arkansas Code Annotated, AR ST §19-11-304 --Priority for bids submitted by private industries located within the State of Arkansas and employing Arkansas taxpayers over bids submitted by out-of-state penal institutions employing convict labor.

Arkansas Code Annotated, AR ST §19-11-305 and AR ST §19-11-306 --Preference of 5% to Arkansas bidders (as provided for in §19-11-259) in the purchase of commodities that are materials and equipment used in public works projects against bids received from private industries located outside the State of Arkansas; and a preference of 15% to Arkansas bidder against out-of-state correctional institution bids.

CALIFORNIA:

California Government Code, Title 1, Division 5, Chapter 4, §4331 --Preference for supplies grown manufactured, or produced in the State of California, and next preference for supplies partially manufactured, grown or produced in the State of California. NOTE: Although §4331 has not been repealed, it was found to be unconstitutional by the California Attorney General. See 53 Ops. Cal. Atty. Gen. 72, 73 (1970). Preference for California-made supplies by this section not applicable to materials going into construction of state-owned buildings; and not applying to general contractors purchasing materials necessary to perform their contracts with the State of California. See 27 Ops. Cal. Atty. Gen. 52 (1956). California's Department of General Services, Procurement Division, does not apply this preference.

California Government Code, Title 1, Division 5, Chapter 4, §4332. --A preference for California made supplies to be stated when advertising for supplies. (Note: see §4331 above.)

California Government Code, Title 1, Division 5, Chapter 4, §4334 --Preference of 5% to bidders manufacturing supplies in the State of California to be used or purchased in the letting of contracts for public works, with the construction of public bridges, buildings and other structures, or with the purchase of supplies for any public use. NOTE: Although §4334 has not been repealed, it was found to be unconstitutional by the California Attorney General. See 53 Ops. Cal. Atty. Gen. 72, 73 (1970).

California Government Code, Title 1, Division 5, Chapter 10.5, §4531 --Preference for California based companies submitting bids or proposals for state contracts to be performed at worksites in distressed areas by persons with a high risk of unemployment when the contract is for goods or services in excess of $100,000.00. (Target Area Contract Preference Act).

California Government Code, Title 1, Division 5, Chapter 10.5, §4533 --Contracts for goods in distressed areas. Preference of 5% in contracts for goods in excess of $100,000 given to California based companies that have at least 50% of the labor hours required to manufacture the goods and perform the contract performed at a worksite or worksites located in a distressed area.

California Government Code, Title 1, Division 5, Chapter 10.5, §4533.1 --Additional preference awarded to bidders for contracts of goods in excess of $100,000 and who comply with §4533 are as follows:

1% preference for bidders who agree to hire persons with high risk of unemployment equal to 5% to 9% of its work force during the period of contract performance;

2% preference for bidders who agree to hire persons with high risk of unemployment equal to 10% to 14% of its work force during the period of contract performance;

3% preference for bidders who agree to hire persons with high risk of unemployment equal to 15% to 19% of its workforce during the period of contract performance; and

4% preference for bidders who agree to hire persons with high risk of unemployment equal to 20% or more of its workforce during the period of contract performance.

California Government Code, Title 1, Division 5, Chapter 10.5, §4534 --Preference of 5% in contracts for services in excess of $100,000 given to California based companies that have no less than 90% of the labor required for the contract performed at a worksite or worksites located in a distressed area.

California Government Code, Title 1, Division 5, Chapter 10.5, §4534.1 --Additional preferences as set forth in § 4533.1 are awarded to bidders for contracts of services in excess of $100,000 who comply with provisions as set forth in §4534.

California Government Code, Title 1, Division 5, Chapter 10.5, §4535.2 --The maximum preference and incentive a bidder may be awarded under Chapter 10.5, the Target Area Contract Preference Act, is 15% and is not to exceed a cost preference of $50,000. The combined cost of preferences and incentives granted pursuant to Chapter 10.5 and any other provision of law is not to exceed $100,000. Small business bidders qualified in accordance with §14838 shall have precedence over nonsmall business bidders.

California Government Code, Title 1, Division 7, Chapter 12.8, §7084 --Preference of 5% when a the state prepares a solicitation for a contract for goods in excess of $100,000 to California based companies who certify that not less than 50% of the labor hours required to perform the contract shall be accomplished at a worksite or worksites located in an enterprise zone.

Preference of 5% in evaluating proposals for contracts for services in excess of $100,000 to California based companies who certify that not less than 90% of the labor hours required to perform the contract shall be accomplished at a worksite or worksites located in an enterprise zone.

1% preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 5% to 9% of its workforce.

2% preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 10% to 14% of its work force.

3% preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 15% to 19% of its workforce.

4% preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 20% or more of its workforce during the period of the contract performance.

The maximum preference awarded to a bidder under the California Government Code, Chapter 12.8, Enterprise Zone Act, is 15%, and the maximum preference cost cannot exceed $50,000.00.

California Government Code, Division 7, Title 1, Chapter 12.97, §7118 --A preference of 5% is awarded to California-based companies in contracts for goods in excess of $100,000 if no less than 50% of the labor required to perform the contract is accomplished at a worksite or worksites located in a local agency military base recovery area (LAMBRA).

A preference of 5% is awarded to California-based companies in contracts for services in excess of $100,000 if no less than 90% of the labor required to perform the contract is accomplished at a worksite or worksites located in a local agency military base recovery area (LAMBRA).

A 1% preference for bidders who agree to hire persons living within a LAMBRA that is equal to 5% to 9% of its work force during the period of contract performance.

A 2% preference for bidders who agree to hire persons living within a LAMBRA that is equal to 10% to 14% of its work force during the period of contract performance.

A 3% preference for bidders who agree to hire persons living within a LAMBRA that is equal to 15% to 19% of its work force during the contract performance.

A 4% preference for bidders who hire persons living within a LAMBRA that is equal to 20% or more of its work force during the contract performance.

The maximum preference a bidder may be awarded under Chapter 12.97, Local Agency Military Base Recovery Area Act, is 15% and the maximum preference cost cannot exceed $50,000.00.

A small business bidder, who is the lowest responsible bidder or is eligible for a 5% small bidder's preference, notwithstanding any other provision of this section, shall be given precedence over businesses too large to be categorized as a small business.

California Code of Regulations, Title 2, Division 2, Chapter 3 , §1896.2 --Each California state agency shall grant to all qualified small business a preference that is not to exceed 5%.

California Government Code Annotated, Title 2, Division 3, Part 5.5, Chapter 6.5, §14837--Definitions.

"Small business" means an independently owned and operated business, which is not dominant in its field of operation, the principal office of which is located in California, the officers of which are domiciled in California, and which, together with affiliates, has 100 or fewer employees, and average annual gross receipts of $10,000,000.00 or less over the previous 3 years, or is a manufacturer with 100 or fewer employees.

"Manufacturer" means a business that is (1) primarily engaged in the chemical or mechanical transformation of raw materials or processed substances into new products; and (2) classified between codes 2000 and 3999, inclusive, of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition.

California Government Code Annotated, Title 2, Division 3, Part 5.5, Chapter 6.5, §14838 --A 5% preference to small business over the lowest responsible bidder meeting specifications in state procurement, construction contracts, and in service contracts. The maximum small business preference shall not exceed $50,000 for any bid and the combined cost for preferences granted by law shall not exceed $100,000.

In the event of a precise tie between the low responsible bid from a small business and the low responsible bid from a disabled veteran-owned small business, the disabled veteran-owned small business will be awarded the contract.

California Government Code Annotated, Title 2, Division 3, Part 10B, Chapter 2.1, §15813.1--Definitions.

"Work of art" means any work of visual art, including but not limited to, a drawing, painting, mural, fresco, sculpture, mosaic, or photograph, a work of calligraphy, a work of graphic art (including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature), crafts (including crafts in clay, textile, fiber, wood, metal, plastic, glass, and like materials), or mixed media including a collage, assemblage, or any combination of the foregoing art media). The term "work of art" does not include environmental landscaping placed about a state building.

California Government Code Annotated, Title 2, Division 3, Part 10B Chapter 2.1, §15813.3 --Preference may be given to artists who are California residents when purchasing, leasing, or commissioning works of art for public buildings.

California Public Contract Code, Division 2, Part 1, Chapter 6, §6107 --When awarding contracts for construction, a state agency shall grant a California company a reciprocal preference against a nonresident contractor equal to the amount of the preference applied by the state of the nonresident contractor. If the California company is eligible for a California small business preference described in §14838, the preference applied is the greater of the two, but not both.

California Public Contract Code, Division 2, Part 2, Chapter 3, §12102 --A preference of 5% for small business (provided for in Government Code Annotated, Title 2, Division 3, Chapter 6.5, §14838) is applied for the acquisition of electronic data processing and telecommunications goods and services.

COLORADO:

Colorado Revised Statutes Annotated, §8-18-101 --In a contract for commodities, services or construction contracts other than for a bridge, highway or a public-private initiatives , a resident bidder is given preference over nonresident bidders equal to the preference required by the state in which the nonresident bidder is a resident.

Colorado Revised Statutes Annotated §8-19-101. Bid preference--public projects. Statute text When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident unless it is determined that compliance with this section may cause denial of federal moneys.

"Public project" means any publicly funded contract entered into by a governmental body of the executive branch of the State of Colorado that is subject to the Procurement Code, articles 101 to 112 of Title 24, Colorado Revised Statutes.

Colorado Revised Statutes Annotated §8-19-102.5. Resident bidder--reciprocity. Statute text In addition to any other criteria for awarding a preference under this article, the residence, registration, unemployment compensation, and other preference conditions applied to a Colorado resident bidder doing business in another state or foreign country shall be applied to a resident bidder from that state or foreign country doing business in Colorado in determining whether a preference shall be allowed.

Colorado Revised Statutes Annotated, §17-24-111 --Preference applied in the competitive sealed bidding for the purchase of goods and services from Colorado's Division of Correctional Industries. State agencies shall purchase office furniture and office systems from the Correctional Division. Printing is to be purchased from the Division of Correctional Industries unless a state agency operates its own printing operation.

Colorado Revised Statutes Annotated, §24-103-202.5 --Preference for resident bidder in "low tie bids" for award of a supply contract. "Low tie bids" means low responsible bids from bidders that are identical in amount and that meet all the requirements and criteria set forth in the invitation for bids. (C.R.S. §24-103-101).

Colorado Procurement Code and Rules, Art. 101. Part 2. §24-103-202.5 (1)(a) --If the low tie bids are from a resident bidder and a non-resident bidder, the resident bidder shall be given a preference over the non-resident bidder.

"Resident bidder" means a person or business that is authorized to transact business in Colorado and that maintains its principal place of business in Colorado; or a person or business that is authorized to transact business in Colorado, that maintains a place of business in Colorado, and that has filed Colorado unemployment compensation reports in at least 75% of the 8 quarters immediately before bidding on a contract.

CONNECTICUT:

Connecticut General Statutes, §4a-59 --Preference in tie bids is given to supplies, materials and equipment produced, assembled or manufactured in the State of Connecticut and services originating and provided for in the State of Connecticut.

Connecticut General Statutes, §10-298b --Preference for all departments, institutions, or agencies supported in whole or in part by the State of Connecticut to purchase products made or manufactured or services provided by blind persons under the direction or supervision of the Board of Education and Services for the Blind. Preference does not apply to articles produced or manufactured by the Department of Correction Industries in the State of Connecticut, and emergency purchases.

Connecticut General Statutes, §17b-656 --Preference for any department, institution, or agency supported whole or in part by the State of Connecticut to purchase products and services rendered by persons with disabilities, except (1) articles produced or manufactured by blind persons, (2) articles produced or manufactured by the Department of Corrections, and (3) emergency purchases.

Connecticut General Statutes, §18-88 (g) --Preference for each state department, agency, commission or board to purchase its necessary products and services from the Correctional Institutions and Department of Correction Industries, provided they are comparable in price and quality and in sufficient quantity as may be available outside the institutions.

DELAWARE:

Delaware Code, Title 16, §9605 --Mandatory preference for a product or service on the procurement list from the Delaware Industries for the Blind and other severely disabled individuals at the price established by the Commission if the product or service is available within the period required by that agency.

Delaware Code, Title 29, §6962 --Preference for Delaware laborers, workers or mechanics in the construction of all public works for the State of Delaware or any political subdivision, or by firms contracting with the State or any political subdivision thereof.

DISTRICT OF COLUMBIA:

District of Columbia Code, Title 2, §2-303.01 --Preference for the purchase of materials, equipment, and supplies produced in the District or sold by District-based businesses.

FLORIDA:

Florida Statutes, Title XVIII, §255.04 --Preference in tie bids awarded to materialmen, contractors, builders, architects, and laborers who reside in Florida for the purchase of material and in contracts for the erecting or construction of any public administrative or institutional building.

Florida Statutes, Title XIX, §283.35 --Preference in tie bids for printing contracts awarded to bidders located within the State of Florida.

Florida Statutes, Title XIX, §287.045 --Preference of 10% to responsive bidder who has certified that the products or materials contain at least the minimum percentage of recycled content and post consumer recovered material and up to an additional 5% preference to a responsible bidder who has certified that the products or material are made of materials recovered in Florida.

Florida Statutes, Title XIX, §287.082 --Preference in tie bids for commodities manufactured, grown, or produced in the State of Florida.

Florida Statutes, Title XIX, §287.084 --Reciprocal preference awarded to a bidder whose principal place of business is in the State of Florida for the purchase of personal property through competitive bidding. Reciprocal preference is awarded when lowest responsible bid is by a bidder whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state. Reciprocal preference is equal to the preference granted by the state from which the lowest bidder has his or her principal place of business. This section does not apply to transportation projects for which federal aid funds are available.

Florida Statutes, Title XIX, §287.087 --Preference to a business that has implemented a drug-free workplace program in the procurement of commodities or contractual services by the state or any political subdivision.

Florida Drug-Free Workplace Program under Florida Statute §440.102

"Commodity" means any of the various supplies, materials, goods, merchandise, food, equipment, and other personal property, including a mobile home, trailer, or other portable structure with floor space of less than 3,000 square feet, purchased, leased, or otherwise contracted for by the state and its agencies. "Commodity" also includes interest on deferred-payment commodity contracts. However, commodities purchased for resale are excluded from this definition. Further, a prescribed drug, medical supply, or device required by a licensed health care provider as a part of providing health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration for clients at the time the service is provided is not considered to be a "commodity." Printing of publications shall be considered a commodity when competitively bid.

Florida Statutes, Title XXX, §413.036 --Priority to purchase any product or service from a qualified nonprofit agency for the blind or for other severely handicapped persons.

Florida Administrative Code, Title 25, §25-25.009 --Preference awarded to bidders located within the State of Florida when awarding contracts, whenever commodities bid can be purchased at no greater expense than, and at a level of quality comparable to, those bid by a bidder located outside the State of Florida.

Florida Administrative Code, Title 25, §25-25.025 --General Purchasing Procedures--Preference in tie bids awarded to a minority owned business.

"Minority business enterprise" means any small business domiciled in Florida, and which at least 51% is owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin which has been subjected historically to disparate treatment (Florida Statute, Title XIX, §288.703).

GEORGIA:

Georgia Code, Title 30, §30-2-4 --All departments, subdivisions, and institutions of the State of Georgia are directed to give preference in purchases of goods manufactured at the Georgia Industries for the Blind.

Georgia Code, Title 50, §50-5-60 --Preference in tie bids in the purchase and contracting of supplies, materials, equipment manufactured and printing produced in Georgia.

Preference in all cases shall be given to surplus products or articles manufactured or produced by other state departments, institutions, or agencies.

Reciprocal preference applied in favor of vendors resident in the State of Georgia or Georgia businesses.

Georgia Code, Title 50, §50-5-60.4 --Preference given to compost and mulch for use in road building, land maintenance, and land development activities, that has been separated from the Georgia solid waste stream.

Georgia Code, Title 50, §50-5-61 --Preference in tie bids for supplies, materials, equipment and agricultural products manufactured or produced in Georgia.

HAWAII:

Hawaii Revised Statutes, Title 9, §103D-1002

Preference of 3% for Class I Hawaii products that have 25% to 49% of their manufactured cost in Hawaii.

Preference of 5% for Class II Hawaii products that have 50% to 74% of their manufactured cost in Hawaii.

Preference of 10% for Class III Hawaii products that have 75% or more of their manufactured cost in Hawaii.

Hawaii products mean products that are mined, excavated, produced, manufactured, raised, or grown in the state where the input constitutes no less than 25% of the manufactured cost (H.R.S., §103D-1001).

Hawaii Revised Statutes, Title 9, §103D-1003 --Preference of 15% is awarded to contracts in which all work will be performed in the State of Hawaii for printing, binding or stationery, including all preparatory work, presswork, bindery work, and any other production-related work. Where bids are for work performed in-state and out-of-state, the amount bid for work performed out-of-state shall be increased by 15%.

Hawaii Revised Statutes, Title 9, §103D-1004 --Reciprocal preference against bidders from those states that apply preferences. The amount of the reciprocal preference shall be equal to the amount by which the non-resident preference exceeds any preference applied by the State of Hawaii.

Hawaii Revised Statutes, Title 9, §103D-1006 and Weil's Code of Hawaii Rules, Title 3, Chapter 124, §§3-124-30 to 35 --Preference is awarded in tie bids for software development to Hawaii software development businesses.

Hawaii Revised Statutes Title 9, §103D-1009 --A 5% preference shall be given to services provided by nonprofit corporations or public agencies operating qualified community rehabilitation programs in conformance with criteria established by the Hawaii department of labor and industrial relations.

Hawaii Revised Statutes, Title 13, §201-4 --The department of business, economic development and tourism may hire qualified private and public agencies, associations, firms, or individuals provided that preference is given to contractors within the state.

Weil's Code of Hawaii Rules, Title 3, Chapter 124, §3-124-5 --Where all other criteria are equal, preference is given to Hawaii products as long as the price does not exceed the price of a similar non-Hawaii product by more than 3%, where class I registered Hawaii products are involved, or 5% where class II registered Hawaii products are involved, or 10% where class III registered Hawaii products are involved.

Weil's Code of Hawaii Rules, Title 3, Chapter 124, §3-124-31 --"Hawaii software development business" means any person, agency, corporation, or other business entity with its principal place of business or ancillary headquarters located in the State of Hawaii and which proposes to obtain 80% of the labor for software development from persons domiciled in Hawaii.

Weil's Code of Hawaii Rules, Title 3, Chapter 124, §3-124-34(a) --Price preference of 10% applied to Hawaii software development businesses.

Weil's Code of Hawaii Rules, Title 3, Chapter 124, §3-124-44(a) --Preference of 7% for in-state contractors bidding on public works contracts.

Weil's Code of Hawaii Rules, Title 16, Chapter 77 §16-77-1.14 Instruction to Bidders --Bidders seeking a Hawaii preference must identify the class and percentage of Hawaii product in their bid. The price bid for a Hawaii product will be decreased 3%, 5% or 10% for Class I, Class II or Class III products. (See Title 9, §103D-1002 above) In the case of a tie bid, preference will be given to registered Hawaii products. Reciprocal consideration will be given to out of state products and will be added to the out of state bid.

IDAHO:

Idaho Code, Title 60, §60-101 --Preference for all printing, binding, engraving and stationery work to be executed within the State of Idaho, except as provided in §60-103 of the Idaho Code.

Idaho Code, Title 60, §60-103 --Preference given to an Idaho person, firm or corporation proposing to execute printing, engraving, binding, and stationery work in the State of Idaho unless the price is more than 10% higher than a bid to perform the work out of state.

Idaho Code, Title 67, §67-2348 --Reciprocal preference applied in favor of Idaho domiciled contractors on public works contracts.

Idaho Code, Title 67, §67-2349 --Reciprocal preference for the purchase of any materials, supplies, services or equipment is awarded to a responsible bidder domiciled in Idaho.

Any bidder domiciled outside the boundaries of the State of Idaho may be considered an Idaho domiciled bidder provided that for a period of the year the bidder maintains in Idaho a fully staffed offices, or fully staffed sales offices or divisions, or fully staffed sales outlets, or manufacturing facilities, or warehouses or other necessary related property; and if a corporation be registered and licensed to do business in the State of Idaho.

Idaho Code, Title 67, §67-5718 --Where both the bids and quality of property offered are the same, preference shall be given to property of local and domestic production and manufacture or from bidders having a significant Idaho economic presence as defined in the Idaho Code. In connection with the award of any contract for the placement of any order for state printing, binding, engraving or stationery work, the provisions of §60-101 and §60-103, Idaho Code, shall apply to the extent that the same may be inconsistent with any requirements contained in this section.

Idaho Code, Title 44, Chapter 10, §44-1002 --In all contracts for state, county, municipal, and school construction, repair, and maintenance work the contractor must employ 95% bona fide Idaho residents as employees on any job under any such contract except where under such contracts 50 or less persons are employed the contractor may employ 10% nonresidents, provided, however, in all cases employers must give preference to the employment of bona fide residents in the performance of said work.

Idaho Code, Title 50, Chapter 3, §50-341 --In contracts by cities, when the expenditure contemplated exceeds $25,000, where both the bids and quality of property offered are the same, preference shall be given to property of local and domestic production and manufacture or from bidders having a significant Idaho economic presence as defined in §67-2349, Idaho Code (See above).

Idaho Code Title 40, Chapter 9, §40-906. and Title 31 Chapter 40, §31-4003

When the expenditure contemplated for highways and bridges, or expenditures for which bids are required, exceeds $5,000, but not $25,000 the district shall obtain price or cost quotations from at least 3 responsible vendors in the business of supplying such goods or services. To enhance small business bidding opportunities, the district shall seek a minimum of 3 price quotations from registered vendors having a significant Idaho economic presence as defined in §67-2349, Idaho Code. If the district finds that it is impractical or impossible to obtain 3 quotations for the proposed transaction, the district may acquire the property in any manner the district deems best. The district shall then procure the goods or services from the responsible vendor quoting the lowest price. When the expenditure contemplated exceeds $25,000, it shall be contracted for and let to the lowest responsible bidder. Where both bids and quality of property offered are the same, preference shall be given to the property of local and domestic production and manufacture or from bidders having a significant Idaho economic presence as defined in §67-2349, Idaho Code.

ILLINOIS:

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-10 --Reciprocal Preference - When a contract is to be awarded to the lowest responsible bidder, a resident bidder is allowed a preference as against a non-resident bidder from any state that gives or requires a preference to bidders from that state.

A resident bidder is defined as a bidder who is a person or foreign corporation authorized to transact business in the State of Illinois and has a bona fide establishment for transacting business within the State of Illinois.

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-30 --Illinois purchasing agency are to give preference to articles, materials, services, food stuffs, and supplies produced or manufactured by persons confined to the Department of Corrections.

Illinois Compiled Statute Annotated, 30 ILCS §500/45-35 --Preference to procure, without advertising bids, supplies and services from Illinois Sheltered workshops for the severely handicapped.

Illinois Compiled Statutes Annotated, 30 ILCS §500/45-50 --A preference is awarded to a bidder for the use of agricultural products grown in Illinois.

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-55 --A preference is awarded to a bidder, in contracts requiring the procurement of plastic products, who fulfill the contract through the use of plastic products made from Illinois corn by-products.

Illinois Compiled Statutes Annotated, 30 ILCS §500/45-60 --Preference to award contract for vehicles to a bidder or offeror who will fulfill the contract through the use of vehicles powered by ethanol produced from Illinois corn or bio diesel fuels produced from Illinois soybeans.

Illinois Compiled Statutes Annotated, 30 ILCS §520/2 --Preference given to vendors in those states whose preference laws do not prohibit the purchase by the public institutions of commodities grown or produced in Illinois. Applies to all Illinois state agencies. The term "institution" means all institutions maintained by the State of Illinois or any political subdivision thereof or municipal corporation therein, including municipally-owned public utility plants (30 ILCS §520/1).

Illinois Compiled Statutes Annotated, 30 ILCS §555/1 --Every institution in the State of Illinois is required to give a 10% preference to the cost of coal mined in the State of Illinois if used as fuel. The term "institution" means all institutions maintained by the State of Illinois or any political subdivision thereof or municipal corporation therein, including municipally-owned public utility plants (30 ILCS § 555/2).

Illinois Compiled Statutes Annotated, 30 ILCS §565/2 --Preference for steel products produced in the United States in all contracts for construction, reconstruction, repair, improvement or maintenance of public works. "Steel products" means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two or more such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process (30 ILCS §565/3).

Illinois Administrative Code, 44 Ill. Admin. Code §1.4535 --Preference is given to articles, materials, services, food stuffs and supplies that are produced or manufactured by persons with disabilities in state use sheltered workshops.

Illinois Administrative Code, 44 Ill. Admin. Code §500.1110 --Resident Vendor Preference - An Illinois resident bidder shall be allowed a preference as against a non-resident bidder from any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the non-resident bidder. An Illinois resident bidder is a person or foreign corporation authorized to transact business in Illinois and who has a bona fide establishment for transacting business within Illinois.

Illinois Administrative Code, 44 Ill. Admin. Code §526.4530 --Universities must give a preference to supplies or services made available from Correctional Industries for procurements by public institutions of higher education.

Illinois Administrative Code, 44 Ill. Admin. Code §1120.4510 --Preference for Illinois resident vendor in tie bids. An "Illinois resident vendor" is a person authorized to transact business in this State and having a bona fide establishment for transacting business within this State and was actually transacting business on the date when any competitive solicitation for a public contract was first advertised or announced. An Illinois resident vendor who would perform the services or provide the supplies from another state, or produces or performs at least 51% of the goods or services in another state, will be considered a resident of the other state as against an Illinois resident vendor who performs the services or provides the supplies from Illinois. Reciprocal preference is applied against vendors considered residents of another state if the state has an in-state preference.

INDIANA:

Burns Indiana Statutes Annotated, Title 5, Article 22, Chapter 15, §5-22-15-20 --A reciprocal preference may be awarded in favor of Indiana businesses by a governmental body. This section does not apply to the Indiana State Lottery Commission.

Burns Indiana Statutes Annotated, Title 5, Article 22, Chapter 15, §5-22-15-21 --A preference for governmental bodies to purchase supplies manufactured in the United States. This section does not apply to the Indiana State Lottery Commission.

Burns Indiana Statutes Annotated, Title 5, Article 22, Chapter 15, §5-22-15-22 --Preference applied for coal mined in Indiana when purchasing coal for fuel. The preference does not apply to Lottery Commission or if federal law requires the use of low sulphur coal in the circumstances for which the coal is purchased.

Burns Indiana Statutes Annotated, Title 5, Article 22, Chapter 15, §5-22-15-23 --A preference of 15% is awarded to an Indiana small business. Small business is defined as a business that is independently owned and operated; is not dominant in its field of operation; and has the following criteria: (1) A wholesale business is not a small business if its annual sales for its most recently completed fiscal year exceed $4,000,000. (2) A construction business is not a small business if its average annual receipts for the preceding three (3) fiscal years exceed $4,000,000. (3) A retail business or business selling services is not a small business if its annual sales and receipts exceed $500,000. (4) A manufacturing business is not a small business if it employs more than 100 persons (Burns Indiana Code, §5-22-14-3).

IOWA:

Code of Iowa, Title I, Subtitle 7, Chapter 18, §18.6 --Preference in tie bids for equipment, supplies or services to be awarded to Iowa products and purchases from Iowa based businesses. Reciprocal preference shall be applied against states that mandate a percentage preference for the purchase of equipment, supplies, or services.

Preference for products produced for sale by sheltered workshops, work activity centers, and other special programs funded in whole or in part by public moneys that employ persons with mental retardation or other developmental disabilities or mental illness if the products meet the required specifications. Preference for products produced for sale by employers of persons in supported employment. This section does not apply to Iowa technology center contracts in support of activities performed for another governmental entity, either state or federal. The Iowa technology center is an entity created by a chapter 28E agreement entered into by the department of public defense.

Code of Iowa, Title II, Subtitle 3, Chapter 73, §73.6 --Preference for the purchase of coal that is mined or produced within the State of Iowa by producers who are complying with all the workers' compensation and mining laws of the state.

Code of Iowa, Title II, Subtitle 3, Chapter 73, §73.16 --State agencies, community colleges, education agencies and school districts must attain a goal making 10% of their purchases of goods and services, including construction, but not including utility services, from certified targeted small businesses under the Iowa uniform small business vendor application program.

Code of Iowa, Title II, Subtitle 3, Chapter 73A, §73A.21 --Reciprocal preference is applied by Iowa state agencies and political subdivisions in public improvement contracts. The reciprocal preference is applied against a nonresident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country.

Public improvement means a building or other construction work which includes road construction, reconstruction and maintenance projects (See Iowa Code, Chapter 73, §73A.1; and Iowa Administrative Code, §27-6.2).

Resident bidder means a person authorized to transact business in the state of Iowa and who has a place of business for transacting business within the state at which it has conducted business for at least 6 months. 51% of the resident bidder's common stock has to be owned by residents of Iowa.

KANSAS:

Kansas Statutes Annotated, §75-3740 --Preference in tie bids awarded to bidder within the State of Kansas.

Kansas Statutes Annotated, §75-3740a --Reciprocal preference is applied against a contractor domiciled outside of the State of Kansas for contracts for the erection, construction, alteration, repair or addition to any public building or structure; or for any purchase of goods, merchandise, materials, supplies or equipment of any kind.

KENTUCKY:

Kentucky Revised Statutes, Title VI, §45A.470 --Preference for all governmental bodies and political subdivisions of the State of Kentucky to purchase commodities or services from the Kentucky Department of Corrections. Second preference given to the Kentucky Industries for the Blind.

Kentucky Revised Statutes, Title VI, §45A.873 --A reciprocal preference for Kentucky bond counsel firms equal to the preference that the out-of-state firm receives in its state of origin when that firm as an in-state firm competes against out-of-state firms for state bond counsel business.

Kentucky Revised Statutes, Title VII, §56.005 --Preference for composted materials collected at Kentucky state and local facilities, to be used by state agencies for projects including, but not limited to, roadway construction, reconstruction, or maintenance, restoration of sites including abandoned mine lands reclamation, stream bank stabilization, and reforestation.

Kentucky Revised Statutes, Title XVII, §197.210 and Title VI, §45A.470 --Preference to purchase products made by Kentucky prison industries.

Kentucky Revised Statutes, §148.835 --Pilot projects in state parks must buy Kentucky raised catfish, herbs, vegetables, fruit and nuts.

Kentucky Revised Statutes, Title VI, §45A.645 --Where available, agencies are encouraged to purchase Kentucky-grown agricultural products, not including tobacco, from vendors participating in the Kentucky Grown Logo or labeling program.

LOUISIANA:

Louisiana Revised Statutes, Title 30, Subtitle II, Chapter 18, §30:2415 --5% preference for state agencies in Louisiana to purchase recycled paper and paper products, tissue and paper towels that contain recycled content, provided that such products are either manufactured in Louisiana or contain recovered materials diverted or removed from the solid waste stream which otherwise would go into a Louisiana landfill.

Louisiana Revised Statutes, Title 38, Chapter 10, Part I, §38:2184 --Preference given to supplies material, or equipment produced or offered by Louisiana citizens, cost and quality being equal.

Louisiana Revised Statutes, Title 38, Chapter 10, Part II, §38:2225 --Reciprocal preference against nonresident contractors in public works contracts.

Louisiana Revised Statutes, Title 38, Chapter 10, Part IV §38:2251 --A preference is applied for products assembled, processed, produced or manufactured in Louisiana as long as the price does not exceed the cost of such products from out of state by more than 10%.

A preference is applied for processed meat, meat products, domesticated catfish and produce grown outside of the State of Louisiana, but processed in the State of Louisiana if it does not exceed the cost of these items processed outside the state by 7%.

A preference is applied for produce produced and processed in Louisiana as long as it does not exceed the cost of produce produced and processed outside the state by more than 10%.

A preference is applied for purchasing Louisiana products which include materials, supplies and equipment as long as they do not exceed the cost of non Louisiana products by more than 10%.

"Louisiana products" means products which are manufactured, processed, produced, or assembled in Louisiana.

The following products are given tie breaking preference where quality and cost are equal:

Paper and paper products are to be manufactured and converted in Louisiana. "Manufactured" means the process of making a product suitable for use from raw materials by hand or by machinery. "Converted" means the process of converting a roll stock into a sheeted and fully packaged product in a full-time converting operation.

Agricultural or forestry products are to be produced, manufactured or processed in Louisiana.

Meat and meat products shall be processed in Louisiana from animals which are alive at the time they enter the processing plant.

Seafood shall be harvested in Louisiana seas or other Louisiana waters and products produced from such seafood shall be processed in Louisiana.

Domesticated catfish shall be processed in Louisiana from animals which were grown in Louisiana.

Eggs and egg products are to be processed from eggs laid in Louisiana (See §39:1595 for percentage of preference).

Louisiana Revised Statutes, Title 38, Chapter 10, Part IV §38:2251.1 --A preference for milk and dairy products produced or processed in Louisiana unless it exceeds the cost of milk from outside the state by 10%.

Louisiana Revised Statutes, Title 38, Chapter 10, Part IV §38:2251.2 --A 10% preference for steel rolled in Louisiana unless it exceeds the cost of rolled steel from outside the state by 10%.

Louisiana Revised Statutes, Title 39, §39:1595(J) --A preference is applied for the procurement or purchase of Louisiana products whose source is a clay which is mined or originates in Louisiana and which is manufactured, processed, or refined in Louisiana for sale as an expanded clay aggregate form different than its original state, and which is equal in quality to such products manufactured, processed, or refined outside of Louisiana as long as the price is not more than 10% higher than such products from outside the state.

Louisiana Revised Statutes, Title 38, §38:2253 --Preference in tie bids awarded to firms doing business in the State of Louisiana.

Louisiana Revised Statutes, Title 39, §39:1595 --Preferences only apply to bidders whose Louisiana business workforce is comprised of a minimum of 50% of Louisiana residents. A preference is applied for products produced, manufactured, assembled, grown or harvested in Louisiana; for meat and meat products and domesticated catfish processed in Louisiana; and for eggs or crawfish processed in Louisiana if the cost is not more than 7% higher than the cost of these products processed out of state.

Louisiana Revised Statutes, Title 39, §39:1595.1 --Reciprocal preference in favor of contractors domiciled in Louisiana is awarded in contracts, except contracts for the construction, maintenance, or repair of highways and streets.

Louisiana Revised Statutes, Title 39, §39:1595.2 --Reciprocal preference in favor of contractors domiciled in Louisiana is awarded in public works contracts.

Louisiana Revised Statutes, Title 39, §39:1595.3 --A preference is awarded to resident vendors to organize or administer rodeos and livestock shows as long as they do not exceed in cost by more than 10% those services available from outside the state.

Louisiana Revised Statutes, Title 39, §39:1595.5 --A preference is awarded for items purchased from a retail dealer located in the state of Louisiana provided the cost does not exceed by more than 10% the cost of items purchased from a retail dealer located outside the state.

Louisiana Revised Statutes, Title 39, §39:1595.6 --A preference is applied for purchasing steel rolled in Louisiana as long is it does not cost more than 10% more than steel rolled outside the state.

Louisiana Revised Statutes, Title 39, §39:1733 --Set aside for awarding to small businesses an amount not to exceed 10% of the value of anticipated total state procurement of goods and services, excluding construction.

Louisiana Administrative Code, Title 34, Part 1, Chapter 5, §529 --Tie bid on In state contracts awarded by competitive sealed bidding; resident business are preferred over nonresident businesses where there is a tie bid.

MAINE:

Maine Revised Statutes Annotated, Title 5, §1824 --Political subdivisions, governmental agency or public benefit corporation of the State must purchase, when and where possible, from the Maine Center for the Blind and Visually Impaired.

Maine Revised Statutes Annotated, Title 5, §1825-B --Preference in tie bids to award contracts to in-state bidders or to bidders offering commodities produced or manufactured in the State of Maine if the price, quality and availability and other factors are equivalent. Reciprocal preference applied in favor of Maine businesses.

Maine Revised Statutes Annotated, Title 5, §1826-C --Preference for products and services from work centers. Second preference given to purchases from the Department of Corrections if no bid is received from a work center.

"Work center" means a program that provides vocational rehabilitation services to individuals with disabilities to enable those individuals to maximize their opportunities for employment, including career advancement (M.R.S. 1826-B).

Maine Revised Statutes Annotated, Title 26, Chapter 15, §1301 --Preference in tie bids awarded to workmen and bidders who are residents of the State of Maine for contracts that are greater than $1,000 for constructing, altering, repairing, furnishing or equipping its buildings or public works.

MARYLAND:

Annotated Code of Maryland, Article 24, Title 8, §8-102 --"Maryland firm" means a business entity that has its principal office in the State of Maryland.

Reciprocal preference. When awarding a contract by competitive bidding, if the state in which a nonresident firm is located gives an advantage to its resident businesses, a political subdivision or any instrumentality of government within the State may give an identical advantage to the lowest responsive and responsible bid from a Maryland firm over that of the nonresident firm.

Annotated Code of Maryland, Title 14, §14-103 --Priority of preferences

The State or a State aided or controlled entity shall buy supplies and services from: (1) State Use Industries, as provided in Title 3, Subtitle 5 of the Correctional Services Article, if State Use Industries provides the supplies or services; (2) Blind Industries and Services of Maryland, if: (i) Blind Industries and Services of Maryland provides the supplies or services; and (ii) State Use Industries does not provide the supplies or services; or (3) sheltered workshops if: (i) a sheltered workshop provides the supplies or services; (ii) neither State Use Industries nor Blind Industries and Services of Maryland provides the supplies or services; and (iii) the State or a State aided or controlled entity is not required by law to buy the supplies or services from any other unit of the State government.

Annotated Code of Maryland, State Finance and Procurement Code, Title 14, §14-206 --Preference applied to a small business as long as price does not exceed low bid by more than 5%. Percentage preference may vary among industries to account for their particular characteristics. "Small business" preference means a purchase request for which bids are invited from a list of qualified bidders that includes small businesses (Md. State Finance and Procurement Code, §14-201).

Annotated Code of Maryland, State Finance and Procurement Code, §14-401 --"Resident bidder" means a bidder whose principal office is located in the State of Maryland. Reciprocal preference applied in favor of resident bidders in procurement contracts for supplies and services. "Preference" includes a percentage preference; an employee residency requirement; or any other provision that favors a resident over a nonresident.

Annotated Code of Maryland, State Finance and Procurement Code, §14-404 --Preference for the use of Maryland coal in the design of a heating system for a building or facility in which the State of Maryland provides at least 50% of the money for construction of the building or facility.

MASSACHUSETTS:

Massachusetts General Laws Annotated, Part I, Title II, Chapter 7, §22 --Preference in tie bids for supplies and materials manufactured and sold within the State of Massachusetts. An additional preference may be applied for supplies and materials manufactured and sold in cities and towns of Massachusetts that are designated as depressed areas as defined by the Department of Labor of the United States.

Massachusetts General Laws Annotated, Part I, Title XXI, Chapter 149, §179A --Preference in tie bids to U.S. citizens in awarding of public work contracts.

MICHIGAN:

Michigan Statutes Annotated, Chapter 18, Article 2, 18.1261(1) --Preference in tie bids for services or products manufactured by Michigan-based firms.

Michigan Statutes Annotated, Chapter 18, Article 2, 18.1268(5) --Reciprocal preference in favor of Michigan business applied in procurements in excess of $100,000.

Michigan Statutes Annotated, Chapter 18, 18.1702 --Preference in tie bids for the purchase of fish harvested in the waters of the State of Michigan.

Michigan Statutes Annotated, Chapter 24, 24.61 --Printing paid wholly or in part with state funds must be printed within the State of Michigan. Firms must use the allied printing trades council union label.

Michigan Statutes Annotated, Chapter 45, 45.85 --County purchasing agent shall give tie-breaking preference in contracts for all supplies, merchandise, printing and articles of every description, to bidders who have an established local business in the county.

MINNESOTA:

Minnesota Statutes, Annotated, §16C.06 --Reciprocal preference applied against other states with resident preference in the acquisition of goods and services. A resident vendor shall be allowed a preference over a nonresident vendor from a state that gives or requires a preference to vendors from that state. The preference shall be equal to the preference given or required by the state of the nonresident vendor.

Minnesota Statutes, Annotated, §16C.16 --Set-aside of at least 25% of total state procurement of goods and services, including printing and construction to be awarded to small businesses. Small businesses are to have their principal place of business in Minnesota.

A preference of up to 6% is to be applied to small targeted group businesses. Small targeted group businesses are majority owned and operated by women, persons with a substantial physical disability, or specific minority groups.

Up to a 4% preference may be awarded in the amount bid on state construction to small businesses located in an economically disadvantaged area.

A business is considered to be in an economically disadvantaged area if (1) the owner resides in or the business is located in a county in which the median income for married couples is less than 70% of the state median income for married couples; (2) the owner resides in or the business is located in an area designated a labor surplus area by the United States Department of Labor; or (3) the business is a rehabilitation facility or work activity program.

Minnesota Administrative Code, §1230.0900 Tied Bids --Whenever a tie involves a Minnesota firm and one whose place of business is outside the state of Minnesota, preference shall be given to the Minnesota firm.

Minnesota Administrative Code, §1230.1830 --A certified economically disadvantaged small business may be awarded up to a 6% preference for commodities and services and a 4% preference for construction projects.

MISSISSIPPI:

Mississippi Code 1972 Annotated, §31-3-21 --Preference in tie bids given to resident bidders of the State of Mississippi for public contracts; and reciprocal preference in favor of in-state bidders for public contracts.

"Public project" is any project for the erection, building, construction, reconstruction, repair, maintenance or related work which is funded in whole or in part with public funds (See §31-3-1).

Mississippi Code 1972 Annotated, §31-5-17. Public works; residency requirements of laborers. --Every public officer, contractor, superintendent, or agent engaged in or in charge of the construction of any state or public building or public work of any kind for the State of Mississippi or for any board, city commission, governmental agency, or municipality of the State of Mississippi shall employ only workmen and laborers who have actually resided in Mississippi for two years next preceding such employment.

Mississippi Code 1972 Annotated, §31-5-23--Public Works Projects --In the construction of any building, highway, road, bridge or other public work or improvement a preference is awarded in tie bids for the use of only materials grown, produced, prepared, made and or manufactured within the State of Mississippi. The paint, varnish and turpentine used in construction are to be produced in Mississippi.

Mississippi Code 1972 Annotated, §31-7-15 --Preference in tie bids given to resident bidders of the State of Mississippi for commodities grown, processed or manufactured within the State of Mississippi.

Any foreign manufacturing company with a factory in the state and with over 50 employees working in the state shall have preference over any other foreign company where both price and quality are the same, regardless of where the product is manufactured.

Mississippi Code 1972 Annotated §31-7-16. Purchase of certain equipment capable of being manufactured or assembled in separate units. --In the event equipment is required which is capable of being manufactured or assembled in separate units such as school bus chassis and bodies or other bodies of equipment installed upon chassis, and there is a manufacturer of such bodies located within the State of Mississippi, a public purchase may be made of such chassis and such body or equipment as separate items.

Mississippi Code 1972 Annotated §31-7-77--Preference for bids supplying meat that is processed in state; non-resident bidders. Whenever two (2) or more public contract bids are submitted for the purpose of an award to supply meat and meat products, preference shall be given to the meat and meat products that were processed in the State of Mississippi from animals which were alive at the time they entered the processing plant, provided that the meat or meat products are equal in quality to the meat or meat products from outside the state. A nonresident bidder domiciled in a state having laws granting preference for local meat or meat products processed in that state shall be awarded Mississippi public contracts only on the same basis as the nonresident bidder's state awards contracts to Mississippi bidders that are bidding under similar circumstances.

Mississippi Code 1972 Annotated, §31-7-47 --Preference in tie bids given to resident bidders of the State of Mississippi in the letting of public contracts, and reciprocal preference when awarding public contracts to out-of-state bidders.

Mississippi Code 1972 Annotated, §73-13-45 --Preference in tie bids given to resident contractors of the State of Mississippi for professional engineering services; and reciprocal preference when awarding to out-of-state contractors for professional engineering services.

MISSOURI:

Missouri Revised Statutes, Title II, §8.280 --Preference to use products from the mines, forests, and quarries of the State of Missouri for the construction or repair of public buildings. Preference is also given for using Missouri materials and labor.

Missouri Revised Statutes, Title IV, §34.060 --Preference in tie bids to purchase materials, products, supplies, provisions, and all other articles produced or manufactured, made or grown within the State of Missouri. A preference in tie bids is also applied in favor of individuals doing business as Missouri firms, corporations, or individuals.

Missouri Revised Statutes, Title IV, §34.070 --Preference in tie bids to all commodities manufactured, mined, produced or grown within the state of Missouri and to all firms, corporations or individuals doing business as Missouri firms, corporations or individuals.

Missouri Revised Statutes, Title IV, §34.073 --Preference in tie bids for the performance of any job or service given to bidders doing business as Missouri firms, corporations or individuals, or which maintain Missouri offices or places of business.

Missouri Revised Statutes, Title IV, §34.076 --Reciprocal preference applied against a bidder domiciled outside the boundaries of the State of Missouri for any public works or product. Reciprocal preference is awarded in favor to a bidder or contractor domiciled in Missouri for products and for public works contracts. Reciprocal preference does not apply to any contractor who is qualified for bidding purposes with the department of transportation and submits a successful bid where part of or all funds are furnished by the United States. It also does not apply to contracts for highways and public transportation where the bid is less than $5,000.

Missouri Revised Statutes, Title IV, §34.080 --Preference in tie bids for the purchase of coal mined in the State of Missouri to be used by any institution supported in whole or in part by public funds of the state. In determining the cost of the coal mined either in the state of Missouri or an adjoining state, the cost of transportation is included in the bid. The term "institution" includes all institutions supported by public funds of the state, but does not include municipal corporations, political subdivisions or public schools.

Missouri Revised Statutes Title IV, §34.090 --Preference is given to any products manufactured by any institution of the state of Missouri.

Missouri Revised Statutes, Title IV, §34.165 --Preference of 5 bonus points awarded for products or services manufactured, produced or assembled in qualified nonprofit organizations for the blind.

Missouri Code of State Regulations, Title 1, Division 40, 40-1.050 --Bids/proposals submitted for products and services manufactured, produced or assembled in qualified nonprofit organizations for the blind or in sheltered workshops holding a certificate of approval from the Missouri Department of Elementary and Secondary Education shall be entitled to 5 bonus points in addition to other points awarded during the evaluation process. When bids are equal in all respects, any preferences shall be applied in accordance with applicable statute (See above).

MONTANA:

Montana Code Annotated, §18-1-102 --Reciprocity - Montana resident bidders are allowed a reciprocal preference against nonresident bidders on public contracts for construction, repair and public works of all kinds, and the purchase of goods. The reciprocal preference given to the resident bidder must be equal to the preference given to the other state or country.

Montana Code Annotated, §18-1-103 --Definitions - The word "resident " includes actual residence of an individual within the State of Montana for a period of more than 1 year immediately prior to bidding. In a partnership enterprise, limited liability company, or association, the majority of all partners or members must have been actual residents of the state of Montana for more than 1 year immediately prior to bidding. Domestic corporations organized under the laws of the state of Montana are prima facie eligible to bid as residents, but this qualification may be set aside and a successful bid disallowed when it is shown to the satisfaction of the board, commission, officer, or individual charged with the responsibility for the execution of the contract that the corporation is a wholly owned subsidiary of a foreign corporation or that the corporation was formed for the purpose of circumventing the provisions relating to residence.

Montana Code Annotated, §18-2-401 --Definition for the purpose of labor used in construction contracts pursuant to §18-2-409.

Resident - A "bona fide resident of Montana" is a person who, at the time of employment and immediately prior to the time of employment, has lived in this state in a manner and for a time that is sufficient to clearly justify the conclusion that the person's past habitation in this state has been coupled with an intention to make it the person's home. Persons who come to Montana solely in pursuance of any contract or agreement to perform labor may not be considered to be bona fide residents of Montana.

Montana Code Annotated, §18-2-403 --In every public works contract, there must be inserted in the bid specification and the public works contract a provision requiring the contractor to give preference to the employment of bona fide residents of Montana in the performance of the work.

Montana Code Annotated, §18-2-409 --Montana residents to be employed on state construction contracts. On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States Department of Transportation or where residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, at least 50% of the workers must be bona fide Montana residents, as defined in §18-2-401.

Montana Code Annotated, §18-7-107 --All printing, binding and stationery work for the State of Montana is subject to the reciprocal preference in §18-1-102.

Montana Code Annotated, §32-2-105 --Reciprocity.

When another state imposes taxes, fines, penalties, licenses, fees, deposits of money or securities, or other obligations or prohibitions on building and loan associations of Montana doing business in that state, the same obligations and prohibitions shall be imposed on associations or agents of that state conducting or attempting to conduct a building and loan business or a business of like kind or character in Montana.

NEBRASKA:

Nebraska Revised Statutes, §73-101.01 --Reciprocal preference in favor of Nebraska resident business in the letting of a public contracts for road contract work or any public improvements work, or for supplies, construction, repairs and improvements except where it not permitted by Federal regulation or law (See Nebraska R.S., §73-101).

A resident bidder is any person, partnership, foreign or domestic limited liability company, association, or foreign or domestic corporation authorized to engage in business in the State of Nebraska and which has met the residency requirement of the state of the nonresident bidder necessary for receiving the benefit of that state's preference law.

Nebraska Revised Statutes, §73-106 School district; construction, remodeling, or repair of building; exception to §73.101 above --Whenever any public school district in the state expends public funds for the construction, remodeling, or repair of any school-owned building or for site improvements, nothing in §73.101 applies when the contemplated expenditure for the complete project does not exceed $40,000.00. The section does not apply to the acquisition of existing buildings, purchase of new sites, or site expansions by the school district.

Nebraska Revised Statutes, §81-1276 --The Existing Business Assistance Division may contract with any postsecondary institution of higher education, community organization, governmental agency or entity, or any other profit or nonprofit entity to provide specialized research, technology development assistance, technology transfer services, financial packaging or leveraging services, human resources development services, surety bond support, or such other specialized services as the division deems necessary if preference is given to entities based in or operating in Nebraska.

Nebraska Revised Statutes, §83-152--Goods made by confined persons; reciprocity.

Goods produced in whole or in part by persons confined outside Nebraska may be transported and sold in Nebraska in the same manner as goods produced by persons committed to the state corrections department in Nebraska.

NEVADA:

Nevada Revised Statutes, Title 27, §333.300 --Preference in tie bids to Nevada businesses for the purchase of supplies, materials and equipment; preference in tie bids with nonresident bidders awarded to bidder who will furnish goods or commodities produced or manufactured in the State of Nevada, or to the bidder who will furnish goods or commodities supplied by a dealer in the State of Nevada.

Nevada Revised Statutes, Title 27, §333.410 --Preference is awarded to state institutions who use the labor of inmates to supply commodities or services.

Nevada Revised Statutes, Title 27, §333.4606 --Preference to a bidder who manufactures a product in Nevada in which at least 50% of the weight of the product is post-consumer waste (a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item) whose price is not more than 10% higher.

Nevada Revised Statutes, Title 27, §333.410 --Tie breaking preference so far as practicable, for quotations secured from institutions of the state whenever commodities or services are of kinds that are prepared through the labor of inmates.

NEW HAMPSHIRE:

New Hampshire Revised Statutes, Title I, §21-I: 19 --Preference, at fair market price, for products manufactured by persons with disabilities and services rendered by persons with disabilities by any charitable nonprofit agency for the disabled, which is incorporated under the laws of New Hampshire.

NEW JERSEY:

New Jersey Statutes Annotated, §52:32-1.4 --Reciprocal preference in favor of New Jersey resident bidders awarded in contracts for goods and services.

New Jersey Administrative Code, §17:12-2.13 --Reciprocal preference in favor of a New Jersey resident bidder is applied in the evaluation of bids. Reciprocal preference may be waived for (1) procurements supported by Federal funds where Federal rules prohibit the use of residential preferences; (2) if it would result in an award to a vendor which has a poor record of complaints; (3) when a public exigency requires the immediate delivery of articles or performance of the service; and (4) if when after price and other factors are considered, an award is considered to be "most advantageous" to the State of New Jersey.

NEW MEXICO:

New Mexico Statutes Annotated, §13-1-21

Other than for the purchase of school buses or when the expenditure of federal funds is involved for a bid price greater than $5,000,000 the following preferences apply: (Note in the calculations that New Mexico prefers local manufacturers over local businesses.)

When bids are received only from nonresident businesses and resident businesses and the lowest responsible bid is from a nonresident business, the contract shall be awarded to the resident business whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident bidder is made lower than the bid price of the nonresident business when multiplied by a factor of .95.

When bids are received only from nonresident businesses and resident manufacturers and the lowest responsible bid is from a nonresident business, the contract shall be awarded to the resident manufacturer whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident manufacturer is made lower than the bid price of the nonresident business when multiplied by a factor of .95.

When bids are received from resident manufacturers, resident businesses and nonresident businesses and the lowest responsible bid is from a resident business, the contract shall be awarded to the resident manufacturer whose bid is nearest to the bid price of the otherwise low resident business bidder if the bid price of the resident manufacturer is made lower than the bid price of the resident business when multiplied by a factor of .95.

When bids are received from resident manufacturers, resident businesses and nonresident businesses and the lowest responsible bid is from a nonresident business, the contract shall be awarded to the resident manufacturer whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident manufacturer is evaluated as lower than the bid price of the nonresident business when multiplied by a factor of .95.

If there is no resident manufacturer eligible for award under this provision, then the contract shall be awarded to the resident business whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident business is made lower than the bid price of the nonresident business when multiplied by a factor of .95.

When bids are received for both recycled content goods and virgin content goods and the lowest responsible bid is for virgin content goods, the contract shall be awarded to:

(1) a resident manufacturer offering the lowest bid on recycled content goods of equal quality if the bid price of the resident manufacturer when multiplied by a factor of .90 is made lower than the otherwise low virgin content goods bid price;

(2) a resident business offering a bid on recycled content goods of equal quality if:

(a) the bid price of no resident manufacturer following application of the preference allowed in Paragraph (1) of this subsection can be made sufficiently low; and

(b) the lowest bid price of the resident business when multiplied by a factor of .90 is made lower than the otherwise low virgin content goods bid price; or

(3) a nonresident business or nonresident manufacturer offering recycled content goods of equal quality if:

(a) the bid price of no resident business or resident manufacturer following application of the preference allowed in Paragraph (1) or (2) of this subsection can be made sufficiently low; and

(b) the lowest bid price of a nonresident offering recycled content goods when multiplied by a factor of .95 is made lower than the otherwise low virgin content bid price.

When bids are received for both recycled content goods and virgin content goods and the lowest responsible bid is for recycled content goods offered by a nonresident business or nonresident manufacturer, the contract shall be awarded to:

(1) a resident manufacturer offering the lowest bid on recycled content goods of equal quality if the bid price of the resident manufacturer when multiplied by a factor of .95 is made lower than the otherwise low recycled content goods bid price; or

(2) a resident business offering a bid on recycled content goods of equal quality if:

(a) the bid price of no resident manufacturer following application of the preference allowed in Paragraph (1) of this subsection can be made sufficiently low; and

(b) the lowest bid price of the resident business when multiplied by a factor of .95 is made lower than the otherwise low recycled content goods bid price offered by a nonresident business or manufacturer. When bids are received for both recycled content goods and virgin content goods and the lowest responsible bid is for recycled content goods offered by a resident business, the contract shall be awarded to a resident manufacturer offering the lowest bid on recycled content goods of equal quality if the bid price of the resident manufacturer when multiplied by a factor of .95 is made lower than the otherwise low recycled content goods bid price.

This section shall not apply when the expenditure of federal funds designated for a specific purchase is involved or for any bid price greater than $5,000,000.

The provisions of this section shall not apply to the purchase of buses from a resident manufacturer or a New Mexico resident business that manufactures buses in New Mexico.

"Resident business" means a New Mexico resident business or a New York state business enterprise.

"New Mexico resident business" means a business that is authorized to do and is doing business under the laws of the State of New Mexico that (1) maintains its principal place of business in the State of New Mexico; (2) has staffed an office and has paid applicable state taxes for two years prior to awarding of the bid; and (3) is an affiliate of a business that meets the requirements of (1) and (2).

"Affiliate" means an entity that directly or indirectly through one or more intermediate controls, is controlled by or is under common control with the qualifying business through ownership of voting securities representing a majority of the total voting power of the entity.

"New York State business enterprise" means a business enterprise, including a sole proprietorship, partnership or corporation, that offers for sale or lease or other form of exchange, goods or commodities that are substantially manufactured, produced or assembled in New York State, or services, other than construction services, that are substantially performed within New York State.

New Mexico Statutes Annotated, §13-1-189 --Preference to purchase personal property and services from New Mexico correction industries if the bid price is not higher than comparable items of tangible personal property or services.

New Mexico Statutes Annotated, §13-4-1 --Whenever practicable award is to be made to a resident contractor for public works contracts or for the repair, reconstruction, including highway reconstruction, demolition or alteration thereof.

New Mexico Statutes Annotated, §13-4-2 --When bids are received for public works contacts from nonresident contractors and resident contractors and the lowest responsible bid is from a nonresident contractor, the contract shall be awarded to the resident contractor whose bid is nearest to the bid price of the otherwise low nonresident contractor if the bid price of the resident contractor is made lower than the bid price of the nonresident contractor when multiplied by a factor of .95.

New Mexico Statutes Annotated, §13-4-5 --Preference to be given to materials produced, grown, processed or manufactured in New Mexico by citizens or residents of New Mexico or provided or offered by a New York state business enterprise in contracting for materials to be used in the construction or maintenance of public works.

New Mexico Statutes Annotated, §13-4-7 --Preference to use New Mexico timber in the construction or repair work of public buildings.

New Mexico Statutes Annotated, §63-9F-6 --Preference of 5% added to the total weight awarded to any business that qualifies as a resident business for a telecommunications relay system that will enable impaired individuals to communicate with unimpaired individuals.

NEW YORK:

Consolidated Law of New York, State Finance Law, Article IX, §139-g --State agencies that have let two million dollars in service and construction contracts in a prior fiscal year are to give priority to purchases from small businesses and certified women and minority owned. Small business means a business which is resident in the State of New York, independently owned and operated, not dominant in its field and employs one hundred or less persons (See State Finance Law, Article IX, §135-a).

Consolidated Law of New York, State Finance Law, Article XI, §162 --Preferred source status is accorded to the following entities:

Commodities produced by the Department of Correctional Services' Correctional Industries Program (CORCRAFT).

Commodities and services produced by any qualified, charitable, non-profit making agency for the blind approved by the Commissioner of the Office of Temporary and Disability Assistance.

Commodities and services produced by any qualified charitable non-profit making agency for other severely disabled persons.

Commodities and services produced by any special employment program serving mentally ill persons, operated by facilities within the Office of Mental Health and approved by the Commissioner of Mental Health.

Commodities and services produced by a qualified veterans' workshop providing job and employment skill training to veterans, operated by the United States Department of Veterans Affairs, that manufactures products or performs services within the State and is approved by the Commissioner of Education.

Commodities and services produced by any qualified charitable non-profit making workshop for veterans approved for such purposes.

Consolidated Law of New York, State Finance Law, Article XI, §165 --Preference of 10% for recycled products (a product manufactured from secondary materials). Preference of 15% for products in which 50% of the secondary materials utilized in the manufacture of the product are generated from the waste stream in New York State. "Secondary materials" means any material recovered from or otherwise destined for the waste stream, including, but not limited to post-consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies. It does not include by-products generated from and commonly reused within an original manufacturing process.

New York State labeled wines are provided with favored source status for the purposes of procurement. Procurement of New York State labeled wines are exempt from the competitive procurement statutes. "New York State labeled wine" means wine made from grapes, at least 75% the volume of which were grown in New York State.

Preference in the letting of contracts for food products grown, produced or harvested in the State of New York on behalf of facilities and institutions of the State of New York, who are authorized to purchase products locally. The Commissioner of General Services assisted by the Commissioner of Agriculture and Markets determine the percentage of each food product or class that must meet the requirements.

Office of General Services may deny to non-resident vendors placement on bidders mailing lists and award of contracts for products and services that they would otherwise obtain if their principal place of business is located in a state that penalizes New York State vendors, and if the goods or services offered will be substantially produced or performed outside New York State.

New York State business enterprise, includes a sole proprietorship, partnership, or corporation, which offers for sale or lease or other form of exchange, commodities which are substantially manufactured, produced or assembled in New York State, or services, other than construction services, which are substantially performed within New York State. For purposes of construction services, a New York State business enterprise means a business enterprise, including a sole proprietorship, partnership, or corporation that has its principal place of business in New York State.

New York, Appendix A, Standard Contract Clause 21. Reciprocity and Sanctions Provisions --Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision.

NORTH CAROLINA:

General Statutes of North Carolina, §143-59 --Preference in tie bids for foods, supplies, materials, equipment, printing or services manufactured or produced in North Carolina or furnished by or through citizens of North Carolina.

Reciprocal Preference: on all contracts for equipment, materials, supplies, and services valued over $25,000.00, a percent of increase shall be added to a bid of a nonresident bidder that is equal to the percent of increase, if any, that the state in which the bidder is a resident adds to bids from bidders who do not reside in that state.

General Statutes of North Carolina, §148-70 --Preference for purchasing articles, products and commodities which are manufactured or produced by North Carolina's Department of Corrections prison system.

NORTH DAKOTA:

North Dakota Century Code, §43-07-20 --Except for contracts which involve federal-aid funds and when a preference or discrimination would be contrary to a federal law or regulation, contracts for construction, repair, or maintenance work shall provide that the contractor give preference to the employment of bona fide North Dakota residents, as determined by § 54-01-26, with preference given first to honorably discharged disabled veterans and veterans of the armed forces of the United States, as defined in § 37-19.1-01, who are deemed to be qualified in the performance of that work. The preference shall not apply to engineering, superintendence, management, or office or clerical work.

North Dakota Century Code, §44-08-01 --Reciprocal preference awarded in favor of North Dakota business for the purchase of any goods, merchandise, supplies, equipment, and contracting to build or repair any building, structure, road, or other real property.

North Dakota Century Code, §44-08-02--Resident North Dakota bidder, seller, and contractor defined. The term "a resident North Dakota bidder, seller, or contractor" when used in §44-08-01, is one who has maintained a bona fide place of business within this state for at least one year prior to the date on which a contract was awarded.

North Dakota Century Code, §46-02-15 --Preference when practicable for all public printing, binding and blank book manufacturing, blanks, and other printed stationery, to be done in North Dakota.

North Dakota Century Code, §48-02-10 --Preference in tie bids to purchase materials manufactured or produced within North Dakota, and second, to purchase such as have been manufactured or produced in part in North Dakota for making alterations, repairs, additions, or erecting new public buildings.

North Dakota Century Code, §48-02-10.2 --Preference in tie bids for furnishing materials, products and supplies which are found, produced, or manufactured within North Dakota from native natural resources.

OHIO:

Ohio Revised Code Annotated, Title 1, §125.09 --Preference for United States and Ohio products. Vendors from border states who do not impose greater restrictions on Ohio bidders are treated as Ohio bidders. Also, bidders with a significant Ohio economic presence shall qualify for award of a contract on the same basis as if their products were produced in the State of Ohio.

Ohio Revised Code Annotated, Title 1, §125.11 --Department of Administrative Services, prior to awarding a contract, will first remove from bids goods or supplies that are not produced or mined in the United States. From among the remaining bids, preference to be given to bidders with goods or supplies produced or mined in Ohio.

Ohio Revised Code Annotated, Title 1, §125.56 --All printing to be executed within Ohio except for printing contracts requiring special, security paper. Preference given to Ohio bidders in printing contracts requiring special, security paper as long as the price is not a price that exceeds by more than 5% the lowest price submitted on a non-Ohio bid.

Ohio Revised Code Annotated, Title 1, §153.012 --Reciprocal preference in favor of contractors who have their principal place of business in Ohio, for construction, public improvement, including highway improvement, contracts.

Ohio Administrative Code, Chapter §123:5-1, Chapter §123:5-1-06 --Domestic Ohio Bid preference with respect to supply and service contracts, other than construction contracts. A preference is awarded to an Ohio bid as long as the price does not exceed by more than 5% the lowest price submitted on a non-Ohio bid. Ohio bid" means a bid received from a bidder offering Ohio products or a bidder demonstrating significant Ohio economic presence ( §123:5-1-01 Definitions) .

Preference is awarded to Ohio bids or bidders who are located in a border state, provided that the border state does not impose a greater restriction than contained in the Ohio Revised Code, §125.09 and §125.11. "Border state" means any state that is contiguous to Ohio and that does not impose a restriction greater than Ohio imposes pursuant to §125.09 of the Revised Code (§123:5-1-01 Definitions) .

OKLAHOMA:

Oklahoma Statutes, Title 19, Chapter 17, §788(c) --Tie breaking preference given to materials produced in Oklahoma and construction contractors domiciled in, having and maintaining offices in, and being citizen taxpayers of, the State of Oklahoma.

Oklahoma Statutes, Title 61, §6 --preference is given to materials mined, quarried, manufactured or procured within the State of Oklahoma, provided that the same can be procured at no greater expense than like material or materials of equal quality from outside of the state.

Oklahoma Statutes, Title 61, §9 --All contracts that expend state funds for construction or repair of state institutions shall require employment of Oklahoma labor and the use of Oklahoma materials if available.

Oklahoma Statutes, Title 61, §10 --All contracts that expend state funds for construction shall give a tie breaking preference to bidders who employ Oklahoma labor and the use Oklahoma materials.

Oklahoma Statutes, Title 61, §14 --A contractor domiciled outside the boundaries of Oklahoma shall be required, in order to be successful, to submit a bid the same percent less than the lowest bid submitted by a responsible contractor domiciled in Oklahoma as would be required for such an Oklahoma domiciled contractor to succeed over the bidding contractor domiciled outside Oklahoma on a like contract being let in his domiciliary state.

Oklahoma Statutes, Title 74, §85.17a --State agencies to apply reciprocal preference against the bidding preference of other states or nations that is applied in favor of bidders domiciled in their jurisdictions for acquisitions.

Oklahoma Statutes, Title 74, §85.45c --A bid is awarded to minority business enterprises if the bid is lower 5% added to the otherwise lowest responsive bid, if the amount of funds expended on state contracts awarded to minority business enterprises is less than the 10% goal of funds expended on state contracts awarded to minority businesses. Note: This statute was held unconstitutional by Kornhaas Const., Inc. v. Oklahoma Dept. of Central Services, 140 F.Supp.2d 1232.

OREGON:

Oregon Revised Statutes, Title 26, §279.021 --Preference for goods or services that have been manufactured or produced in the State of Oregon if price, fitness, availability and quality are otherwise equal.

Oregon Revised Statutes, Title 26, §279.029, and Oregon Administrative Rules, §125-030-0070 --Reciprocal preference in favor of Oregon businesses for public contracts. A resident bidder is a bidder who has paid unemployment taxes or income taxes in the State of Oregon for one year immediately preceding submission of the bid.

Oregon Revised Statutes, Title 26, §282.210 --All printing, binding and stationery work for the state and political subdivisions to be performed in the State of Oregon.

Oregon Revised Statutes, Title 30, §346.220 --Preference for products of visually impaired in state purchases.

PENNSYLVANIA:

Pennsylvania Consolidated Statutes, Title 62, Chapter 1 §103 --Supplies means any property, including, but not limited to equipment, materials, printing, insurance and leases of installment purchases of tangible or intangible personal property. The term does not include real property, leases of real property or alcoholic beverages or liquor purchased for resale by the Pennsylvania Liquor Control Board.

Pennsylvania Consolidated Statutes, Title 62, Chapter 1, §107 --Reciprocal preference is applied against a nonresident bidder in the purchase, invitation for bids, or request for proposals, for procurement of supplies exceeding $10,000 to those bidders offering supplies produced, manufactured, mined, brown, or performed in the State of Pennsylvania.

Reciprocal preference is applied against a nonresident bidder in the award of construction contracts, exceeding $10,000 (See 62 Pa.C.S. §514).

Resident bidder or offeror means a person, partnership, corporation or other business entity authorized to transact business in the State of Pennsylvania and having a bona fide establishment for transacting business in the State of Pennsylvania.

PUERTO RICO:

Laws of Puerto Rico Annotated, Title 3, Chapter 37, §914a --Preferential use and purchase of Puerto Rican products. Guarantee of an adequate representation of Puerto Rican products in every purchase made by the Government.

Laws of Puerto Rico Annotated, Title 12, Chapter 127A, §1320j-1 --When acquiring products with recycled or non-recycled contents to be used by the Commonwealth of Puerto Rico, each agency must purchase products containing recycled materials with preference to products recycled in Puerto Rico when the price is reasonably competitive and the quality is adequate for the projected use. For purposes of this section, "reasonably competitive" means a comparable product containing recycled material, with a price increase not greater than 15%. This increase in cost, or price preference, shall expire 10 years after the effective date of this act.

RHODE ISLAND:

General Laws of Rhode Island, §37-2.2-3 --Preference for the state to purchase articles made or manufactured and services provided by persons with disabilities in nonprofit rehabilitation facilities, or in profit making facilities where 75% of the employees are disabled.

General Laws of Rhode Island, §37-2-8 --Preference for Rhode Island state institutions are to purchase foodstuffs of good quality grown or produced in Rhode Island by Rhode Island farmers, at the prevailing market price, when they are available.

General Laws of Rhode Island, §37-2-59.1 --Preference in tie bids for professional contracts entirely supported by state funds to be awarded to architectural, engineering, and consulting firms with their place of business located in Rhode Island. Second preference in tie bids awarded to architectural, engineering, and consulting firms who propose a joint venture with a Rhode Island firm.

SOUTH CAROLINA:

Code of Laws of South Carolina Annotated, Title 11, Article 5, §11-35-1520 --In competitive sealed bidding involving contracts of $25,000 or more, preference is awarded in tie bids to a South Carolina firm that is tied with an out-of-state firm. Preference is also awarded to the bidder with products produced or manufactured in South Carolina who is tied with a bidder having items produced or manufactured out-of-state.

Code of Laws of South Carolina Annotated, Title 11, Article 5, §11-35-1524 --Preference of 7% provided to residents of South Carolina or whose products are made, manufactured, or grown in South Carolina. An additional 3% preference is awarded to a bidder who is both a resident of South Carolina and whose products are made, manufactured, or grown in South Carolina.

Code of Laws of South Carolina Annotated, Title 12, Article 29, §12-28-2930 --Set-asides of 5% of the total state source highway funds are to be expended through direct contracts for $250,000 or less to small business concerns owned and controlled by socially and economically disadvantaged ethnic minorities, and to firms owned and controlled by disadvantaged females.

Preference of 2.5 % in contracts awarded pursuant to this section is given to South Carolina contractors in tie bids for highway, bridge, and building construction and building renovation contracts.

Code of Laws of South Carolina Annotated, Title 24, Article 3, §24-3-330 --Preference for all offices, departments, institutions and agencies of South Carolina to purchase articles or products made or produced by convict labor in the State of South Carolina.

SOUTH DAKOTA:

South Dakota Codified Laws Annotated, §§5-19-1 and 5-19-2 --Preference for materials, products and supplies which are found, produced or manufactured within the State of South Dakota.

South Dakota Codified Laws Annotated, §5-19-3 --Reciprocal preference in favor of South Dakota businesses in contracts for public works or improvement, goods, merchandise, supplies, and equipment. Resident bidder is any person who has been a bona fide resident of the State of Dakota for one year or more immediately prior to bidding upon a contract (S.D. Codified Laws, §5-19-4).

South Dakota Codified Laws Annotated, §5-19-5 --A successful bidder may not subcontract more than 20% of the work to non-resident subcontractors if resident subcontractors are available at competitive prices.

South Dakota Codified Laws Annotated, §5-19-6 --Preference for South Dakota laborers, workers, and mechanics on all work mentioned in §5-19-3 when possible. Preference for South Dakota materials and products of equal quality and desirability over materials and products produced outside of the state.

South Dakota Codified Laws Annotated, §5-20-2 --Preference for the officials, boards and commissions and political subdivisions of the State of South Dakota to purchase goods and services, or custodial and maintenance services from qualified agencies. A "qualified agency," is any public or private nonprofit corporation geographically located in the State of South Dakota that provides services to the handicapped and is certified to provide a regular program or work activity center by the Department of Human Services.

South Dakota Codified Laws Annotated, §5-23-2 --Purchase, leasing, hiring, or leasing-purchase of motor vehicles shall only be from authorized dealers licensed by the State of South Dakota.

South Dakota Codified Laws Annotated, §5-23-12.2 --Tie breaking preference given to South Dakota businesses or manufacturers over non resident bidders.

South Dakota Codified Laws Annotated, §5-23-13 --Preference in tie bids to any person, firm, or corporation who has his or its principal place of business in the State of South Dakota and to goods manufactured in South Dakota.

South Dakota Codified Laws Annotated, §5-23-21.2 --Reciprocal preference in favor of a resident bidder against a bidder from any state which enforces a preference for resident bidders is applied in state purchasing and printing contracts.

TENNESSEE:

Tennessee Code Annotated, §12-3-809 --Preference in tie bids for departments, agencies and institutions of the State of Tennessee to purchase meat, meat food products or meat by-products from in-state meat producers.

Tennessee Code Annotated, §12-3-810 --Preference for public education institutions to purchase meat, meat food products or meat products from producers located within the State of Tennessee.

Tennessee Code Annotated, §12-3-811 --All state agencies, departments, boards, commissions, institutions, institutions of higher education, schools and all other state entities to award a preference in tie bids to in-state coal mining companies.

Tennessee Code Annotated, §12-3-812 --All state agencies, departments, boards, commissions, institutions, institutions of higher education, schools and all other state entities to award a preference in tie bids to in-state natural gas producers.

Tennessee Code Annotated, §12-4-802 --Reciprocal preference allowed to residents of Tennessee, and residents of another state that do not have a preference in public construction contracts against another state that is contiguous to Tennessee and allows a preference to a resident contractor of that state.

Tennessee Code Annotated, §71-4-703 --Preference to purchase all services or commodities that are available and certified by the Board of Standards from qualified nonprofit work centers for the blind or agencies serving individuals with severe disabilities.

TEXAS:

Texas Codes Annotated, Government Code, Title 4, §466.106 --Preference in tie bids for lottery equipment or supplies produced in the State of Texas or services or advertising offered by a bidder from the State of Texas. If bidders from the State of Texas are not equal in cost and quality, then lottery equipment or supplies produced in another state or services or advertising offered by a bidder from another state shall be given preference over foreign equipment, supplies, services, or advertising.

Texas Codes Annotated, Government Code, Title 4, §497.024 --Preference for state agencies to purchase Texas prison-made articles or products.

Texas Codes Annotated, Government Code, Title 10, §2155.441 --Preference for products from workshops, organizations, or corporations whose primary purpose is training and employing individuals having mental retardation or a physical disability if they meet state specifications.

Texas Codes Annotated, Government Code, Title 10, §2155.443 --Preference to bidders of rubberized asphalt paving made from scrap tires by a facility located in the State of Texas if the cost as determined by a life-cycle cost benefit analysis does not exceed by more than 15% the bid cost of alternative paving materials.

Texas Codes Annotated, Government Code, Title 10, §2155.444 --First preference is given in tie bids for goods and agricultural products produced or grown in Texas. Second tie bid preference given to agriculture products offered by Texas bidders that are of equal cost and quality to products from other states of the United States. Next preference is given in tie bids for goods and agricultural products from other states of the United States over foreign goods and agricultural products that are of equal cost and quality. Preference is also given to Texas vegetation native to the region in purchases for vegetation for landscaping purposes, including plants. In the procurement of services, all state agencies shall give preference to a Texas bidder if the services meet state requirements on performance and quality and the cost does not exceed that of similar cost and services that are not offered by a Texas bidder.

Texas Codes Annotated, Government Code, Title 10, §2155.4441 --A state agency that contracts for services shall require the contractor, in performing the contract, to purchase products and materials produced in this state when they are available at a price and time comparable to products and materials produced outside this state.

Texas Codes Annotated, Government Code Annotated, Title 10, §2155.449 --Preference in tie bids for products and services from an economically depressed or blighted area of Texas. The cost of the good or service cannot exceed the cost of other similar products or services that are not produced in an economically depressed or blighted area.

"Economically depressed or blighted area" is either an area that is defined by the Texas Government Code, §2306.004 as defined below, or meets the definition a historically underutilized business zone as defined by 15 U.S.C. §632(p) also defined below.

Texas Government Code, §2306.001 and §2306.002 indicates that this section applies to blighted and depressed areas of Texas.

"Economically depressed or blighted area" means an area:

(A) that is a qualified census tract as defined by §143(j), Internal Revenue Code of 1986 (26 U.S.C. §143(j)) or has been determined by the housing finance division to be an area of chronic economic distress under §143, Internal Revenue Code of 1986 (26 U.S.C. §143 );

(B) established in a municipality that has a substantial number of substandard, slum, deteriorated, or deteriorating structures and that suffers from a high relative rate of unemployment; or

(C) that has been designated as a reinvestment zone under Chapter 311, Tax Code (Texas Government Code, §2306.004).

Historically underutilized business zone. The term "historically underutilized business zone" means any area located within 1 or more-

(A) qualified census tracts;

(B) qualified nonmetropolitan counties;

(C) lands within the external boundaries of an Indian reservation; or

(D) redesignated areas (15 U.S.C. 632(p)).

Texas Codes Annotated, Government Code Annotated, Title 10, §2171.052 --Preference given to resident entities of the State of Texas for contracts with travel agents.

Texas Codes Annotated, Government Code Annotated, Title 10, §2252.002 --Reciprocal preference in favor of Texas businesses for all governmental contracts.

Title 1, Texas Administrative Code, Chapter 113, §113.8 --Tie bid preferences for Texas resident bidders and for bidders offering supplies, materials or equipment or agricultural products produced in Texas. A reciprocal preference is given to out of state bidders equal to the requirements given to Texas bidders or products in that state.

Title 3, Texas Codes Annotated, Higher Education, Chapter 51, §51.940 --Institutions of higher education are to give preference to products grown, produced or processed in Texas if the cost to the institution and the quality of the products are equal to the cost and quality of other available products. Institutions of higher education are defined in §61.003.

Texas Codes Annotated, Human Resources Code, Chapter 94, §94.007 --If the Rehabilitation Commission determines that a blind person may not operate a particular vending facility, the Commission shall give consideration whether a handicapped person whose disability is not of a visual nature may operate the facility in a proper manner.

Texas Codes Annotated, Government Code, Chapter 2165, §2165.212 --A request from the Texas Commission for the Blind for a vending facility for a blind person to operate is given preference over a private tenant.

Texas Codes Annotated, Government Code, Chapter 2165, §2165.214 --Preference in leasing space for a vending facility is given to an existing lessee if the lease has lasted over 10 years; if Chapter 94 is not applicable; and if there is a history of quality and reliable service under the existing lease.

Texas Codes Annotated, Transportation Code, §223.047 --Preference to bidders of rubberized asphalt paving made from scrap tires by a facility located in the State of Texas if the cost as determined by a life-cycle cost benefit analysis does not exceed by more than 15% the bid cost of alternative paving materials.

"Rubberized asphalt" means an asphalt material containing at least 15% by weight of a reacted whole scrap tire.

"Scrap tire" means a tire that can no longer be used for its original intended purpose.

UTAH:

Utah Code Annotated, §63-56-20.5 --Reciprocal preference in favor of Utah businesses for goods, supplies, equipment, materials and printing.

Utah Code Annotated, §63-56-20.6 --Reciprocal preference in favor of Utah contractors for construction contracts.

Utah Code Annotated, §63-56-35.6 --Preference for state departments, agencies and institutions to procure goods and services produced by Utah Correctional Industries Division.

Utah Code Annotated, §63-56-35.8 --Preference for procurements of products made in a sheltered workshop in Utah, if products meet needs and specifications, can be supplied within a reasonable amount of time, and price is within 5% of the lowest otherwise responsible bid. "Sheltered workshop" means a nonprofit organization operated in the interest of severely disabled individuals where at least 75% of the employees are severely disabled or is certified by the United States Department of Labor.

VERMONT:

Vermont Statutes Annotated, Title 29, Part 2, Chapter 55, §1401 and §1402 --When purchasing fire and casualty insurance coverage for the benefit of the State of Vermont, preference is applied to Vermont-domiciled companies and independent agents licensed in and resident of Vermont when consistent as to coverage, service and the best interest of the State of Vermont.

Vermont Statutes Annotated, Title 29, Part 1, Chapter 5, §160b --The division for the blind and visually impaired is encouraged to sell milk and milk products, with a preference for the sale of Vermont-produced milk whenever feasible, in vending machines at rest areas and information centers in this state according to policies and rules established by the commissioner of buildings and general services.

VIRGINIA:

Code of Virginia Annotated, §2.2-4324 --In the case of a tie bid, preference shall be given to goods produced in Virginia, goods or services or construction provided by Virginia persons, firms or corporations; otherwise the tie shall be decided by lot.

Whenever any bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a preference, a like preference may be allowed to the lowest responsible bidder who is a resident of Virginia.

Code of Virginia Annotated, §2.2-4325 --In determining the award of any contract for coal to be purchased for use in state facilities with state funds, the Department of General Services shall procure using competitive sealed bidding and shall award to the lowest responsive and responsible bidder offering coal mined in Virginia so long as its bid price is not more than 4% greater than the bid price of the low responsive and responsible bidder offering coal mined elsewhere.

Code of Virginia Annotated, §2.2-4328 --The governing body of a county, city or town may, in the case of a tie bid, give preference to goods, services and construction produced in the locality or provided by persons, firms or corporations having principal places of business in the locality, if such a choice is available; otherwise the tie shall be decided by lot, unless §2.2-4324 applies.

Code of Virginia Annotated, §2.2-1117 --Purchases from the Department for the blind and vision impaired. Unless exempted by the Division, all services, articles and commodities that are (i) required for purchase by the Division or by any person authorized to make purchases on behalf of the Commonwealth and its departments, agencies and institutions; (ii) performed or produced by persons, or in schools or workshops, under the supervision of the Virginia Department for the Blind and Vision Impaired; (iii) available for sale by such Department; and (iv) conform to the standards established by the Division shall be purchased from such Department at the fair market price without competitive procurement.

Code of Virginia Annotated. §2.2-1118 --Preference for items or service which may be obtained from sheltered workshop under the supervision of the Virginia Department for the Blind and Vision Impaired or by inmates confined in state correctional institutions. Items or service included on the list may be purchased without competitive procurement, if the items and services (i) can be purchased within 10% of their fair market value, (ii) will be of acceptable quality, and (iii) can be produced in sufficient quantities within the time required.

WASHINGTON:

Revised Code of Washington, §43.19.520 --Preference to purchase products and services from community rehabilitation programs of the department of social and health services for the disabled and disadvantaged or from certain businesses owned and operated by persons with disabilities.

Revised Code of Washington, §43.19.534 --A preference is given to goods that are produced or provided in whole or in part from work programs operated by the Washington department of corrections unless (1) The department of general administration finds that the articles or products do not meet the reasonable requirements of the agency or department, (2) are not of equal or better quality, or (3) the price of the product or service is higher than that produced by the private sector. The criteria contained in (1), (2), and (3 do not apply to goods and services obtained from outside the state.

Revised Code of Washington, §43.19.535 --Preference to bidder providing goods or services to a state agency if goods or services are provided in whole or in part by an inmate work program of the department of corrections; and an amount at least 15% of the total bid amount will be paid by the bidder to inmates as wages.

Revised Code of Washington, §72.60.160 --Preference by any state agency or political subdivision of the state given to all articles, materials, and supplies authorized to be produced or manufactured in correctional institutions.

Revised Code of Washington, §43.19.700 and §43.19.704 --Reciprocal preference in favor of Washington businesses against bidders from states giving in-state preference.

Revised Code of Washington, §43.19.706 --Purchase of Washington agricultural products. The state purchasing and material control director shall encourage each state and local agency doing business with the department to purchase Washington fruit, vegetables, and agricultural products when available.

Revised Code of Washington, §43.19.1911(7) --In determining the lowest responsible bidder, the agency shall consider any preferences provided by law to Washington products and vendors and to RCW 43.19.704 providing reciprocal preferences.

Washington Administrative Code, Chapter 236, §236-48-085 --Reciprocal preference - In procuring goods and services, an appropriate percentage penalty will be added to an out-of-state bid by the Office of State Procurement, if the bidder's state has in-state preference clauses. States with only reciprocity will not be included.

Washington Administrative Code, Chapter 236, §236-49-055 --Preference for correctional industries Class II products. State Correctional industries and the department of general administration will create a list of goods and services available from the corrections industries and create a mandatory contract giving preference to those items and services.

Washington Administrative Code, Chapter 236, §236-48-096 --Preference to goods from Washington Class II correctional industries.

WEST VIRGINIA:

West Virginia Code Annotated, §5A-3-37 --A preference is given to resident bidders for construction contracts over $50,000 whose employees are at least 75% West Virginia residents for two years or, nonresident vendors who employ at least 100 residents and have at least 75% resident employees who have lived in West Virginia continuously for at least two years, as long as their bid does not exceed the lowest qualified bid by 2 1/2 %.

A "resident bidder" means an individual who has resided in West Virginia continuously for four years, or a partnership, association, corporation resident vendor, or a corporate nonresident vendor that has an affiliate or subsidiary that employs a minimum of 100 state residents and which has maintained its headquarters or principal place of business within West Virginia. An otherwise qualified partnership without four years residence will qualify if 80% of the partners qualify as residents.

West Virginia Code Annotated, §5A-3-37a --Reciprocal preference in the purchase of commodities or printing except where the provisions of §5A-3-37 may apply.

West Virginia Code Annotated, §18B-5-4. (9)(c) --Preference for resident bidders in the purchase or acquisition of materials, supplies, equipment and printing by institutions of higher education.

WISCONSIN:

Wisconsin Statutes, §16.75 --Reciprocal preference awarded to Wisconsin producers, distributors, suppliers and retailers, in the purchase of materials, supplies, equipment, and contractual services over non Wisconsin bidders who are from a state that grants a resident preference. Purchases of products or goods from Wisconsin's prison industries, other than printing or stationery, are not subject to the competitive bidding process. The department shall attempt to ensure that 5% of its expenditures are to minority owned businesses as long as the bid is not more than 5% higher than the apparent low bid and shall maximize the use of Wisconsin minority businesses.

Wisconsin Statutes, §16.855 --Reciprocal preference to resident bidders in construction projects where the cost exceeds $30,000 is applied against bidders from states that impose a resident preference. In awarding construction contracts the department shall attempt to ensure that 5% of the total amount expended in each fiscal year is awarded to contractors and subcontractors which are Wisconsin minority businesses, as defined under §16.75(3m)(a). The department may award any contract to a minority business that submits a qualified responsible bid that is no more than 5% higher than the apparent low bid.

Wisconsin Statutes, §44.57 --Preference to resident artists for works of art in state buildings.

Wisconsin Administrative Code, §8.03(1) --The award of a contract for a procurement shall be made to the lowest responsible bidder, taking into account qualified bids from sheltered workshops, small businesses, and minority businesses.

(4) Tie bids - Wisconsin suppliers are preferred over out-of-state suppliers in tie bids.

WYOMING:

Wyoming Statutes Annotated, §9-2-1016(b)(iv)(G) --Preference given to a private sector bidder over a non-private sector bidder in awarding bids or contracts for supplies or services when competitive sealed bidding is required as long as the private sector bidder's bid is not more than 5% higher than that of the lowest responsible non-private sector bidder.

Wyoming Statutes Annotated, §16-6-102 and Wyoming Rules & Regulations, Chapter 6, §1 --Preference given to a certified resident bidder in public works contracts for the erection, construction, alteration or repair of any public building, or other public structure, or for making any addition thereto, or for any public work or improvement if such bid is not more than 5% higher than that of the lowest responsible non-resident bidder and provided that articles bid are not of inferior quality to those offered by competitors outside the state.

Wyoming Statutes Annotated, §16-6-103 --A successful resident bidder cannot subcontract more than 20% of the work covered by his contract to nonresident contractors. A resident bidder cannot contract more than 20% of the work covered by his contract to a nonresident contractor.

Wyoming Statutes Annotated, §16-6-105 --Preference in public purchases for Wyoming materials, supplies, agricultural products, equipment and machinery manufactured or grown in the State of Wyoming as long as the price is not more than 5% higher than that of the lowest responsible non-resident bidder and provided that articles bid are not of inferior quality to those offered by competitors outside the state.

"Agricultural product" means any horticultural, viticultural, vegetable product, livestock, livestock product, bees or honey, poultry or poultry product, sheep or wool product, timber or timber product.

Wyoming Statutes Annotated, §16-6-107 --All public buildings, courthouses, public school buildings, public monuments and other public structures constructed in this state shall be constructed and maintained by materials produced or manufactured in Wyoming if Wyoming materials are suitable and can be furnished in marketable quantities. Preference shall not be granted for materials of an inferior quality to those offered by competitors outside of the state, but a differential of not to exceed 5% may be allowed in cost of Wyoming materials of equal quality as against materials from states having or enforcing a preference rule against "out-of-state" products.

Wyoming Statutes Annotated, §16-6-203 --Any public works project or improvement for the state or any political subdivision, municipal corporation, or other governmental unit constructing, reconstructing, improving, enlarging, altering or repairing, shall employ only Wyoming laborers. Every contract shall require that Wyoming labor be used unless Wyoming laborers are not available or are not qualified to perform the work.

Wyoming Statutes Annotated, §16-6-301 and Wyoming Rules & Regulations, Chapter 6, §2 --Preference given to resident bidders in public printing contracts if the resident's bid is not more than 10% higher than that of the lowest responsible nonresident bidder. The successful resident bidder shall perform at least 75% of the contract within the state of Wyoming.

Wyoming Statutes Annotated , §16-6-803 and Wyoming Rules & Regulations, Chapter 1, §4 --Preference is given to Wyoming artists for works of art in the public buildings of the State of Wyoming.

Wyoming Rules & Regulations, Chapter 14, §6 --A preference is awarded to Wyoming contractors for any contractual service if the resident's bid is not more than 5% higher than that of the lowest responsible non-resident bidder. Resident laborers, workmen and mechanics are to be used whenever possible, provided that Wyoming materials and products of equal quality and desirability are given preference over materials or products produced outside the State of Wyoming.

TRD-200401172

Cynthia de Roch

General Counsel

Texas Building and Procurement Commission

Filed: February 19, 2004

Coastal Bend Workforce Development Board
Public Notice

Using the Request For Proposals (RFP) method of procurement, the Coastal Bend Workforce Development Board, d.b.a. Work-Force 1, is soliciting proposals for the management and operation of its Workforce Service Delivery System through the Texas Workforce Centers for Program Year 2004 (07/01/04-06/30/05). The Coastal Bend Area will be divided into three separate geographic regions: Region 1, consisting of Nueces and San Patricio Counties; Region 2, North Coastal Bend, consisting of Aransas, Bee, Live Oak, McMullen and Refugio Counties, and; Region 3, South Coastal Bend, consisting of Brooks, Duval, Jim Wells, Kenedy and Kleberg Counties. Interested parties may respond to provide management and operations for one region, two regions, or all three regions.

The Workforce Delivery System incorporates at a minimum, general workforce information and referral; employer services; client intake, eligibility and assessment; case management; job placement; follow-up and retention services as funded by the Workforce Investment Act, Temporary Assistance to Needy Families/Choices, Food Stamps Employment and Training, Employment Retention and Advancement Project, Child Care, Wagner Peyser, Veterans, and Reintegration of Offenders (RIO) for the region(s) of the 12 county area.

Interested parties may obtain a copy of the RFP by calling or e-mailing Michael McCain at (361) 225-1098, Ext. 132 or michael.mccain@work-force1.com on or after Monday, March 8, 2004.

A Bidders Conference will be held on Monday, March 15, 2004, at 10:00 a.m., at 4444 Corona Dive, Suite 104, Corpus Christi, Texas. Attendance at the Bidder Conference is not mandatory, but strongly recommended.

A Required Letter of Intent to Submit a Proposal must be submitted no later than Friday, March 19, 2004, at 12:00 p.m. The deadline for receipt of proposals is Friday, April 16, 2004 at 12:00 p.m. Proposals received without the proper forms or after the deadline, will not be considered. Mailed or hand delivered responses are acceptable. Faxed or e-mail copies will not be accepted.

Work-Force 1 is an Equal Opportunity employer/program. Historically Underutilized Businesses (HUB’s) are encouraged to apply. Auxiliary aids and services are available upon request to individuals with disabilities. Telephone access is available by dialing 711.

TRD-200401418

Oscar Martinez

President/CEO

Coastal Bend Workforce Development Board

Filed: February 25, 2004

Public Notice

Using the Request For Proposals (RFP) method of procurement, the Coastal Bend Workforce Development Board, d.b.a. Work-Force 1, is soliciting proposals for the management and operation of its Youth Development Service Delivery System for Program Year 2004 (07/01/04-06/30/05). The Coastal Bend Area will be divided into three separate geographic regions: Region 1, consisting of Nueces and San Patricio Counties; Region 2, North Coastal Bend, consisting of Aransas, Bee, Live Oak, McMullen and Refugio Counties, and; Region 3, South Coastal Bend, consisting of Brooks, Duval, Jim Wells, Kenedy and Kleberg Counties. Interested parties may respond to provide management and operations for one region, two regions, or all three regions.

The Youth Development Service Delivery System incorporates at a minimum, provision of the Workforce Investment Act's ten (10) required youth program elements through brokering additional resources/partnerships, general information and referral; client intake, eligibility and assessment; case management; job placement; follow-up and retention services as funded by Workforce Investment Act and Temporary Assistance to Needy Families/Choices for the region(s) of the 12 county area.

Interested parties may obtain a copy of the RFP by calling or e-mailing Michael McCain at (361) 225-1098, Ext. 132 or michael.mccain@work-force1.com on or after Monday, March 8, 2004.

A Bidders Conference will be held on Monday, March 15, 2004, at 10:00 a.m., at 4444 Corona Dive, Suite 104, Corpus Christi, Texas. Attendance at the Bidders Conference is not mandatory, but strongly recommended.

A Required Letter of Intent to Submit a Proposal must be submitted no later than Friday, March 19, 2004, at 12:00 p.m. The deadline for receipt of proposals is Friday, April 16, 2004 at 12:00 p.m. Proposals received without the proper forms or after the deadline, will not be considered. Mailed or hand delivered responses are acceptable. Faxed or e-mail copies will not be accepted.

Work-Force 1 is an Equal Opportunity employer/program. Historically Underutilized Businesses (HUB's) are encouraged to apply. Auxiliary aids and services are available upon request to individuals with disabilities. Telephone access is available by dialing 711.

TRD-200401419

Oscar Martinez

President/CEO

Coastal Bend Workforce Development Board

Filed: February 25, 2004

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of February 13, 2004, through February 20, 2004. The public comment period for these projects will close at 5:00 p.m. on March 26, 2004.

FEDERAL AGENCY ACTIONS:

Applicant: Ben Woodson Location: The project is located on the west side of FM 1069 approximately 1.8 miles south of the intersection of FM 1069 and FM 1781. The site is approximately 1,000 feet west of FM 1069 and is adjacent to Port Bay. The project can be located on the U.S.G.S. quadrangle map entitled: Rockport, Texas. Approximate UTM Coordinates: Zone 14; Easting: 685150; Northing: 3101500. Project Description: The applicant is seeking after-the-fact authorization for a waterfowl enhancement project. The project consists of low levees and water control structures used to create emergent freshwater wetlands by flooding 20 acres of uplands and the conversion of approximately 2 acres of existing saltmarsh wetlands. Total fill material consists of 3,331 cubic yards of native soil excavated onsite to construct a water diversion ditch and pond areas. The fill material was used to construct 1,460 linear feet of levees. A total of approximately 0.5 acre of area has been filled, which contains approximately 0.38 acre of jurisdictional wetlands. CCC Project No.: 04-0031-F1 Type of Application: U.S.A.C.E. permit application #23276 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A §1251-1387). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: United States Coast Guard Location : The project is located on the existing Beltway 8 fixed span bridge across the Houston Ship Channel, mile 40, at Houston, Harris County, Texas. Project Description: The purpose of the proposed project is to construct rock islands by placing stone riprap with articulating concrete block revetment facings at the base of the two main support piers of the bridge. The rock island structures will protect the existing piers from wave action created by large ocean-going vessels and will minimize the potential for substrate erosion. The islands will also serve as a fender system for the bridge piers. The top of the riprap will be at an elevation of 1.43 feet above mean high water, elevation 0.57 feet above mean sea level (MSL). The riprap will be placed 50 feet by 75 feet around the base of the piers. The surface slopes at 2:1 to the top of natural ground, the final dimensions of the footprint of each stone island will be 125 feet by 100 feet. The minimum size stone will be one-half ton. The stone will be transported and placed by barge. The proposed project will not alter the existing horizontal and vertical clearances within the navigation channel through the bridge. CCC Project No.: 04-0043-F1 Type of Application: U.S. Coast Guard permit application #CGD8-03-04 is being evaluated as a Section 9 Bridge Permit under the General Bridge Act of 1946 (33 U.S.C.A. Chapter 11, §525)

Applicant: Buell Sweeton, Jr. Location: The project is located at the end of 8300 Teichmann Road, on Galveston Island, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates in North American Datum 27: Zone 15; Easting: 319037; Northing: 3240598. Project Description: The applicant proposes to dredge a 284- by 284-foot area to 8 feet deep utilizing suction dredging. The dredged sand (approximately 23,898 cubic yards) will be placed on uplands located adjacent to the project site. Additionally, the applicant would construct a boat dock with six boat slips. The dredging will allow boats to enter boat slips from deeper water in Offatts Bayou. This proposed project is for use by residents of a small residential subdivision. CCC Project No.: 04-0045-F1 Type of Application: U.S.A.C.E. permit application #23265(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899.

Applicant: The Premcor Refining Group, Inc. Location: The project is located in the Taylor's Bayou Turning Basin, Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Arthur South, Texas. Approximate UTM Coordinates: Zone 15; Easting: 406184; Northing: 3302623. Project Description: The applicant proposes to construct a steel sheet pile bulkhead in front of an existing failed bulkhead. The new bulkhead will be 320 feet long and constructed out from the existing bulkhead. The bulkhead will extend out 8 feet on the northern end and 25 feet on the southern end. The applicant will place 6,500 cubic yards of fill material behind the new structure, below the mean high tide line, and impact approximately 0.3 acre of the existing turning basin. CCC Project No.: 04-0047-F1 Type of Application: U.S.A.C.E. permit application #23229(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A §1251-1387).

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200401421

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: February 25, 2004

Office of Consumer Credit Commissioner
Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Sections 303.003, 303.005, 303.008, 303.009, 304.003, and 346.101. Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and 303.009 for the period of 03/01/04 - 03/07/04 is 18% for Consumer ¹ /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and 303.009 for the period of 03/01/04 - 03/07/04 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Sec. 303.005 and 303.009 ³ for the period of 03/01/04 - 03/31/04 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Sec. 303.005 and 303.009 for the period of 03/01/04 - 03/31/04 is 18% for Commercial over $250,000.

The standard quarterly rate as prescribed by Sec. 303.008 and 303.009 for the period of 04/01/04 - 06/30/04 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard quarterly rate as prescribed by Sec. 303.008 and 303.009 for the period of 04/01/04 - 06/30/04 is 18% for Commercial over $250,000.

The retail credit card quarterly rate as prescribed by Sec. 303.009 1 for the period of 04/01/04 - 06/30/04 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The lender credit card quarterly rate as prescribed by Sec. 346.101 Tex. Fin. Code ¹ for the period of 04/01/04 - 06/30/04 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard annual rate as prescribed by Sec. 303.008 and 303.009 4 for the period of 04/01/04 - 06/30/04 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard annual rate as prescribed by Sec. 303.008 and 303.009 for the period of 04/01/04 - 06/30/04 is 18% for Commercial over $250,000.

The retail credit card annual rate as prescribed by Sec. 303.009 ¹ for the period of 04/01/04 - 06/30/04 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 03/01/04 - 03/31/04 is 5% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed Sec. 304.003 for the period of 03/01/04 - 03/31/04 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.

³ For variable rate commercial transactions only.

⁴ Only for open-end credit as defined in Sec. 301.002(14), Tex. Fin. Code.

TRD-200401361

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 24, 2004

Credit Union Department
Standard Credit Union Bylaws

The Credit Union Commission adopts the amendments to The Standard Bylaws for State Chartered Credit Unions (Standard Bylaws) relating to a president/employee's ability to serve on the board of directors without changes to the text published in the January 2, 2004 issue of the Texas Register (29 TexReg 241).

The amendments to the Standard Bylaws implement a new provision enacted in the 78th Session of the Legislature that was contained within HB 1307. The provision added a new section 122.054(b) of the Texas Finance Code to specifically prohibit the president or an employee from serving as a director of the credit union unless permitted by the bylaws. In addition, if the bylaws permit the president or an employee to serve on the board, the bylaws must require that persons serve on the board so that the president and employees of the credit union never constitute a majority of the board. The proposed amendments establish new standard bylaw optional provisions to cover the two described situations and makes conforming changes to the existing standard bylaw language.

No comments were received on the proposal.

The amendments are proposed under the provision of the Texas Finance Code, Section 15.402, which authorizes the Commission to adopt reasonable rules for administering Title 2, Chapter 15 and Title 3, Subchapter D of the Texas Finance Code.

The specific section affected by the proposed amendments is Texas Finance Code, Section 122.054.

TRD-200401326

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 23, 2004

Texas Education Agency
Request for Early Reading Diagnostic Instruments

Description. The Texas Education Agency is notifying publishers that early reading diagnostic instruments for Kindergarten, Grade 1, and Grade 2 may be submitted for review. Texas Education Code (TEC), §28.006, authorizes the commissioner of education to develop recommendations for school districts to administer early reading instruments to diagnose student reading skill and comprehension development.

Under TEC, §28.006(b), the commissioner of education shall adopt a list of early reading instruments that school districts may use to diagnose reading skill and comprehension development. Reading instruments placed on the list must be based on scientific research, evaluate individual student reading progress and be used to determine students at risk for dyslexia or other reading difficulties. The list of reading instruments adopted under TEC, §28.006(b), must also provide for diagnosing the reading development and comprehension of students participating in a program under TEC, Chapter 29, Subchapter B (relating to bilingual education and special language programs).

Program Requirements. Since the 1998-1999 school year, school districts have been required to administer early reading instruments. Results from the early reading instruments are used to inform instruction and place students at risk for reading difficulties, including dyslexia, in Accelerated Reading Instruction intervention programs. Results from these early reading instruments must be reported to the commissioner of education, the local school board and the parent and/or guardian of students tested. The list of early reading instruments will be made available so that school districts and charter schools may order instruments for the 2004-2005 school year. The 2003-2004 list of instruments adopted by the commissioner in 2003 will remain in effect through both the 2004-2005 and the 2005- 2006 school years. Once an instrument is selected for the commissioner’s list, it will remain on the list for three years unless the approved test is no longer available from the publisher, or the publisher decides to submit an updated version of the instrument. Under these circumstances, the instrument must be resubmitted for review.

Publishers of early reading instruments that were selected for the 2003-2004 Commissioner’s List of Early Reading Instruments do not need to resubmit tests that are currently on the list unless they want a new version of that instrument to be considered by the review panel of reading experts.

Due to continued budgetary limitations, a $5 per student per year cost cap remains on each complete Test Option on the 2004-2005 Commissioner’s List of Early Reading Instruments . For example, if Option G requires two instruments in order to assess all required domains at a grade level, then the combination of those two instruments will be state funded at no more than $5 per student. For the 2004-2005 school year, school districts and open enrollment charter schools will purchase early reading instruments directly from the publisher/vendor unless the test is published by the Texas Education Agency. If the cost of the Test Option exceeds the $5 per student limit established, the state will reimburse the school district or open enrollment charter school at the limit established. The school district or open-enrollment charter school is responsible for the remainder of the cost of the Test Option.

Selection Criteria. Publishers will be responsible for submitting tests that they wish to be reviewed for consideration for inclusion on the 2004-2005 Commissioner’s List of Early Reading Instruments . All tests submitted for review must be based on scientific research and must submit evidence of reliability and validity for assessing key reading domains and for identifying children at risk of reading failure, including the identification of children with dyslexia. Submitted evidence must demonstrate that the test meets the state criteria for reliability and validity. Instruments will be evaluated in terms of validity, reliability, cost-effectiveness and ease of administration/implementation by the classroom teacher. Consideration will also be given to the number of domains covered by the test and the number of additional tests that would need to be purchased by schools in order to cover all required domains. Reading instruments (English and Spanish) submitted for review must address at least one of the following five domains: (1) phonological awareness; (2) graphophonemic knowledge; (3) word reading; (4) oral reading accuracy; and (5) comprehension of text, as appropriate for Kindergarten, Grade 1, and Grade 2. Tests submitted for use by Reading First schools may also assess vocabulary and fluency. As in previous years, it may be necessary to use a combination of instruments to form a Test Option to assess all required domains. The criteria used to select instruments for the 2004-2005 school year is available through the Division of Curriculum - Statewide Initiatives at the Texas Education Agency, (512) 463-9581.

Proposals must be submitted to Dr. David Francis, Texas Institute for Measurement, Evaluation, and Statistics, 100 TLCC Annex, Houston, Texas, 77204-6022 by 5:00 p.m. (Central Time), Monday, March 22, 2004, to be considered for inclusion on the 2004-2005 Commissioner’s List of Early Reading Instruments .

TRD-200401417

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 25, 2004

Texas Commission on Environmental Quality
Notice of District Petition

Notices mailed February 10, 2004 through February 17, 2004

12042003-D02; C.A. Dwyer 1962 Trust and Hannover Estates, Ltd. (Petitioners) filed a petition for creation of Harris County Municipal Utility District No.399 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners are the owners of a majority in value of the land to be included in the proposed District; (2) there is no lienholder on the property to be included in the proposed District; (3) the proposed District will contain approximately 238.52 acres located within Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2003-293, effective April 1, 2003, the City of Houston, Texas gave its consent to the creation of the proposed District and authorized the Petitioners to initiate proceedings to create such political subdivision within its jurisdiction. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) purchase, construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. The petition also states that the proposed District may: (1) finance one or more facilities designed or utilized to perform fire-fighting services; and (2) purchase interests in land and purchase, construct, acquire, improve, extend, maintain, and operate improvements, facilities, and equipment for the purpose of providing parks and recreational facilities permitted under State law. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $21,255,000.

11132003-D01; Kenwood Investments, L.P., (Petitioner) filed a petition for creation of Galveston County Municipal Utility District No. 43 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Woodforest National Bank, on the land to be included in the proposed District; (3) the proposed District will contain approximately 435.043 acres located within Galveston County, Texas; and (4) the proposed District is within the corporate limits of the City of League City, Texas, and is not within the jurisdiction of any other city, town or village in Texas. The Petitioner has also provided the TCEQ with a certificate evidencing the consent of Woodforest National Bank to the creation of the proposed District. By Ordinance No. 2003-12, effective April 8, 2003, the City of League City, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will (1) develop an adequate waterworks system, sanitary sewer system, drainage and storm sewer system for residential and commercial purposes; (2) purchase, design, construct, acquire, own, operate, repair, improve and extend an adequate waterworks system, sanitary sewer system, drainage and storm sewer system for the health and welfare of the present and future inhabitants of the area and of the territories adjacent the proposed District; (3) purchase, design, construct, acquire, own, operate repair, improve and extend waterworks system, sanitary sewer system, drainage and storm sewer system for the promotion of the purity and sanitary condition of the State's waters and the public health and welfare of the community. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $25,596,046.

INFORMATION SECTION

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

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

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

TRD-200401159

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 18, 2004

Notice of Opportunity to Participate in Permitting Matters

A person may request to be added to a mailing list for public notices processed through the Office of the Chief Clerk for air, water, and waste permitting activities at the TCEQ. You may request to be added to: (1) a permanent mailing list for a specific applicant name and permit number; and/or (2) a permanent mailing list for a specific county or counties.

Note that a request to be added to a mailing list for a specific county will result in notification of all permitting matters affecting that particular county.

To be added to a mailing list, send us your name and address, clearly specifying which mailing list(s) to which you wish to be added. Your written request should be sent to the TCEQ, Office of the Chief Clerk, Mail Code 105, P. O. Box 13087, Austin, TX 78711-3087.

Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-200401160

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 18, 2004

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 5, 2004 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

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

(1) COMPANY: Jamie B. Walton dba Lago Landscape and Irrigation Repair; DOCKET NUMBER: 2002-0711-LII-E; TCEQ ID NUMBER: 17462; LOCATION: 23393 Nameless Road, Leander, Travis County, Texas; TYPE OF FACILITY: landscaping operation; RULES VIOLATED: 30 TAC §344.4 and TWC, §34.007(a) and §37.003, by selling and installing a landscape and irrigation system without an irrigator license from the state; and 30 TAC §344.58 and TWC, §34.007(a) and §37.003, by using the license of someone else who is a licensed irrigator or licensed installer to sell and install an irrigation system; PENALTY: $2,500; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Mary Fielder dba End of the Trail; DOCKET NUMBER: 2000-1254-PWS-E; TCEQ ID NUMBER: 0200425; LOCATION: 17325 Pearland Sites Road, Pearland, Brazoria County, Texas; TYPE OF FACILITY: public water supply system; RULES VIOLATED: 30 TAC §290.109(c) and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect and submit routine monthly bacteriological samples; and 30 TAC §290.109(g) and §290.122(c), by failing to provide public notice of failure to collect routine monthly bacteriological samples; PENALTY: $6,250; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

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

(4) COMPANY: Ralph Reese dba R&C Salvage; DOCKET NUMBER: 2002-1177-MLM-E; TCEQ ID NUMBERS: BEO0019 and BEO0020; LOCATION: 1525 Crockett Street and 1220 Fannin Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste; RULES VIOLATED: 30 TAC §330.5 and TWC, §26.121, by failing to properly dispose of municipal solid waste; and 30 TAC §324.4(1) and (2)(B), THSC, §371.041, and 40 Code of Federal Regulations, §279.22(d)(1) - (3), by failing to comply with used oil prohibitions; PENALTY: $19,500; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898- 3838.

TRD-200401407

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 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 (TWC), §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 April 5, 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 April 5, 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: Circleville Store & Grain, Inc.; DOCKET NUMBER: 2000-0896-PST-E; TCEQ ID NUMBER: 40767; LOCATION: 600 South Highway 95, Taylor, Williamson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) and (b)(2)(A)(i)(III) and TWC, §26.3475, by failing to provide a method of leak detection for the underground storage tank (UST) systems; 30 TAC §37.815, by failing to demonstrate that it had financial ability to take corrective actions or to compensate third parties for injuries or property damage caused by the accidental release from one or more of the UST systems; 30 TAC §334.49(a) and TWC, §26.3475, by failing to provide corrosion protection for the UST systems; and 30 TAC §334.51(b)(2)(C) and §334.10(b)(1)(B) and TWC, §26.3475, by failing to install overfill prevention equipment on the UST systems and failing to maintain records documenting the installation of the auto shut-off devices and flow restrictors for the UST systems; PENALTY: $14,400; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Felix Flores dba Felix Flores Construction Company; DOCKET NUMBER: 2002- 0465-MLM-E; TCEQ ID NUMBER: GL-1033-J; LOCATION: 231 Berthot Lane, Seguin, Guadalupe County, Texas; TYPE OF FACILITY: construction company; RULES VIOLATED: 30 TAC §111.201 and Texas Health and Safety Code (THSC), §382.085(b), by failing to abide by the general outdoor burning prohibitions by burning construction debris; and 30 TAC §330.5(a), by failing to properly dispose of municipal solid waste such that the waste is not a threat to the waters of the state nor an endangerment to human health or the environment; PENALTY: $5,000; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: Hidalgo County Irrigation District 5; DOCKET NUMBER: 2003-0510-WR-E; TCEQ ID NUMBERS: 101416790 and 4445240; LOCATION: 1015 Johnny Vela, Progreso, Hidalgo County, Texas; TYPE OF FACILITY: irrigation district; RULES VIOLATED: 30 TAC §288.30(1) and §288.4(a), by failing to submit a water conservation plan; and 30 TAC §288.30(5) and §288.21(a), by failing to submit a complete drought contingency plan meeting the minimum requirements for an irrigation district; PENALTY: $788; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(4) COMPANY: R. J. Smelley Company, Inc. dba R. J. Smelley Dairy; DOCKET NUMBER: 2001- 0906-AGR-E; TCEQ ID NUMBER: 02422; LOCATION: 4750 Cattlebaron Drive, near Fort Worth, Parker County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: 30 TAC §321.39(f)(19)(J)(i), by failing to maintain adequate wastewater application records; and 30 TAC §321.31(a) and TWC, §26.121, by failing to prevent an unauthorized discharge of wastewater from a retention control structure; PENALTY: $2,250; STAFF ATTORNEY: Snehal R. Patel, Litigation Division, MC R-12, (713) 422-8928; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Sneed Shipbuilding, Inc.; DOCKET NUMBER: 2001-0343-MLM-E; TCEQ ID NUMBER: OC-0065-S; LOCATION: 2011 Dupont Drive, Orange, Orange County, Texas; TYPE OF FACILITY: barge building, ship repair, and salvage shop; RULES VIOLATED: 30 TAC §111.201 and §330.5 and THSC, §382.085, by conducting unauthorized outdoor burning of large piles of miscellaneous debris consisting of tires, construction materials, fiberglass, creosote logs, and other solid waste; and 30 TAC §§101.4, 111.201, and 330.5 and THSC, §382.085, by conducting unauthorized outdoor burning of unauthorized waste that caused the discharge of one or more air contaminants, or combinations thereof, in such concentration and duration as tended to be injurious to or adversely affect human health and interfere with the normal use and enjoyment of property; PENALTY: $7,000; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200401406

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 24, 2004

Notice of Water Rights Application

Notices mailed February 11, 2004 through February 12, 2004

APPLICATION NO. 5061B ; John W. Klein, 17046 Stuebner-Airline Rd., Klein, Texas, 77379, seeks an amendment to a Water Use Permit pursuant to 11.122 Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Water Use Permit No. 5061, as amended, authorizes the permittee to maintain three off-channel reservoirs with a combined capacity of 240 acre-feet of water. Water Use Permit No. 5061, as amended, also authorizes the permittee to divert and use not to exceed 500 acre-feet of water per annum from Little Elkhart Creek at a maximum rate of 2.2 cfs (1,000 gpm) and 1,000 acre-feet of water per annum from Big Elkhart Creek at a maximum rate of 5.6 cfs (2,500 gpm) to the three off-channel reservoirs for subsequent irrigation and/or directly to the fields for agricultural purposes to irrigate 1,300 acres of land within three tracts totaling 2,529.048 acres in the Ramon de la Garza Survey, Abstract No. 33 and the Daniel McLean Survey, Abstract No. 56. The permit contains a Special Condition which states that the authorization to divert and use 1,000 acre-feet of water per annum from Big and Little Elkhart Creeks shall expire and become null and void on December 31, 2006. The remaining 500 acre-feet of water per annum is authorized on a perpetual basis. The applicant seeks an amendment to the permit to delete the expiration date on 500 acre-feet out of the 1,000 acre-feet of water that is to expire on December 31, 2006. The applicant also seeks to authorize irrigation of an additional 400 acres of land out of a 938 acre tract located in the J.G. Thompson Survey, Abstract 1021 and the I. & G.N. R.R. Company Survey 48, Abstract 624, Houston County. Ownership of the additional land is evidenced by a Deed as recorded as Document #032144 in the Houston County Clerk records. Pursuant to TAC 297.45 and TWC 11.122, granting of an application for an amendment to a water right shall not cause an adverse impact to an existing water right. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on August 21, 2003. Additional information was received on October 3, 2003. The application was declared administratively complete and filed on January 2, 2004. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 02-5194A; Lake Tanglewood, Inc., 1000 Tanglewood Drive, Amarillo, Texas, 79118-8024, seeks an amendment to a Certificate of Adjudication pursuant to 11.122 Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Certificate of Adjudication No. 02-5194 authorizes owner to maintain a dam and reservoir (Lake Tanglewood) on Prairie Dog Town Fork Red River, tributary of the Red River, Red River Basin, in the I. & G.N. RR Company Survey No. 41, Abstract No. 290, Randall County, and impound therein not to exceed 4,897 acre-feet of water for recreational purposes. The time priority for the impoundment and recreational use is June 22, 1956. Owner is also authorized to divert and use 37.5 acre-feet of water per annum from the perimeter of the reservoir at a maximum rate of 0.78 cfs (350 gpm) for agricultural purposes to irrigate a maximum of 15 acres located in the I. & G.N. RR Company Survey No. 10, Abstact No. 259, Randall County. The time priority for the diversion and agricultural use is October 16, 1984. Applicant seeks to amend Certificate of Adjudication No. 02- 5194 to divert and use an additional 52.5 acre-feet of water per annum from Lake Tanglewood for agricultural purposes to irrigate an additional 85 acres out of a larger tract containing 171.26 acres in Survey No. 1, G.C. Kilbourn Survey, Randall County. Ownership of the land is evidenced by a Cash Warranty Deed dated April 3, 1992, as recorded in the Potter/ Randall Appraisal District, Volume 1383, Pages 237, 238. Applicant also seeks to increase the maximum diversion rate to 0.81 cfs (365 gpm). Pusuant to TAC 297.45 and TWC 11.122 granting an application for an amendment to a water right shall not cause an adverse impact to an existing water right. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on August 25, 2003. Additional information and fees were received on October 20, 2003 and November 21, 2003. The Executive Director of the TCEQ has reviewed the application and has declared it to be administratively complete on December 9, 2003. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

Information Section

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

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

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

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

TRD-200401158

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 18, 2004

Texas Health and Human Services Commission
Announcement of Additional Public Hearing

The Health and Human Services proposes to amend Chapter 370, State Children's Health Insurance Program, Subchapter A, Program Administration, §370.4, Definitions, and Subchapter B, Application Screening, Referral and Processing Eligibility Criteria, §370.44, Income. The proposed amendments would change the Medicaid program by defining the elements of the assets test for CHIP applicants with a gross monthly income greater than 150% of the federal poverty level (FPL). The proposed amendments were published in the Texas Register on February 20, 2004 (29 TexReg 1491), along with the announcement of a public hearing to be conducted on Monday, March 15, 2004, 1:30 p.m. to 3:00 p.m., at the Health and Human Services Commission, Public Hearing Room, Braker Center, Building H, 11029 Metric Boulevard, Austin, Texas 78758.

To provide an additional opportunity for public input on the proposed rules, a second public hearing on the proposed rules will be held on Tuesday, March 16, 2004, 4:00 p.m. to 6:00 p.m., at the Texas Department of Health, Board of Health Room, Morton Building, 4900 West 49th Street, Austin, Texas 78756.

Please contact Melissa Lewicki, at (512) 491-1334, if you have any questions.

TRD-200401424

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: February 25, 2004

Notice of Award of a Major Consulting Contract

The Health and Human Services Commission (HHSC) has amended its contract with Heritage Information Systems, Inc., an entity with a principal place of business at 410 West Franklin Street, Richmond, Virginia 23220. Pursuant to HHSC Contract #529-02-166C, Heritage will conduct targeted program interventions with health care providers who participate in the Medicaid Vendor Drug Program. This amendment extends the terms of the agreement to August 31, 2004, and revises the original contract's contingency fee payment structure to a fixed fee payment structure for services and deliverables provided during State Fiscal Year 2004. Total compensation for SFY04 is capped at $1,550,000.

TRD-200401433

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: February 25, 2004

Notice of Public Meeting

Proposed Guiding Principles and Standard Operating Procedures for New Agency Councils

Purpose. The Texas Health and Human Services Commission will conduct five public meetings to receive public comment on the proposed guiding principles and standard operating procedures for the new agency councils mandated in House Bill 2292. The purpose of the new councils is to ensure the integrity of the public input process for agency rules, policies, budget decision and operations. Copies of the proposed procedures and principles will be posted on the Health and Human Services Commission's web site at http://www.hhsc.state.tx.us/Consolidation/Councils/overview.html once available.

Hearing Dates/Times. The five public meetings will take place on the following dates, times, and locations:

Date and Time: March 4, 2004, from 5:00 p.m. to 7:00 p.m.

Location: Texas Department of Health, Suite M-739, 1100 W. 49th St., Austin, Texas

Date and Time: March 8, 2004, from 5:00 p.m. to 7:00 p.m.

Location: El Paso Community College, Administrative Service Center Auditorium, 9050 Viscount, Building A, El Paso, Texas

Date and Time: March 15, 2004, from 5:00 p.m. to 7:00 p.m.

Location: University of North Texas at Fort Worth, Everett Hall, 3500 Camp Bowie Blvd, Fort Worth, Texas

Date and Time: March 16, 2004, from 5:00 p.m. to 7:00 p.m.

Location: Elias Ramirez Building, 5425 Polk Ave., Houston, Texas

Date and Time: March 17, 2004, from 5:00 p.m. to 7:00 p.m.

Location: Texas A&M University, Health Science Center, 701 East Vermont Ave. #101, McAllen, Texas

Agenda. The agenda for each public meeting is as follows:

1. Welcome & Introduction

2. Overview of proposed council procedures and guiding principles

3. Public comment

Comments. The public is invited to submit written comments regarding the proposed guiding principles and standard operating procedures for the new agency councils until 5:00 p.m. the day of the meeting. Written comments may be delivered by U.S. mail or express delivery to the attention of the Program Management Office, Health and Human Services Commission, P. O. Box 13247, Austin, Texas 78711. Hand deliveries will be accepted at 4900 North Lamar Boulevard, Fourth Floor, Austin, Texas 78751. Alternatively, written comments may be delivered via facsimile at (512) 424-6974.

Persons with disabilities planning to attend this meeting who need auxiliary aids or services may contact Sue Holman at (512) 424-6940 or Sue.Holman@hhsc.state.tx.us so that appropriate arrangements can be made.

TRD-200401161

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: February 19, 2004

Public Notice

The Texas Health and Human Services Commission announces its intent to submit a Children's Health Insurance Program (CHIP) State Plan Amendment that will expand the services provided to enrolled families in selected areas of the State. These services are subject to available funding and are:

State-certified Community Health Workers, also known as promotora(s), added to the case management services to focus health education to under-served populations regarding the CHIP program and the value of preventive care for enrolled families; and

CHIP Car Seat Pilot program, operated in collaboration with the Texas Injury Prevention and Research Network, to distribute age and weight appropriate child safety seats and safety seat training to CHIP families.

The proposed amendment is to be effective March 5, 2004.

For further information, contact Winnie Rutledge, Texas Health and Human Services Commission, 1100 West 49th Street, Austin, Texas 78756, (512) 338-6967.

TRD-200401441

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 25, 2004

Heart of Texas Council of Governments
Public Notice

PUBLIC COMMENT PERIOD

Heart of Texas Workforce Development Board

Strategic and Operational Plan Modification Announcement

The Heart of Texas Workforce Development Board (HOTWDB) announces the availability of its Strategic and Operational Plan Modification draft. Copies of the modified plan are available for review and comment at the HOTWDB Administrative Office, 300 Franklin Ave., Waco, Texas between the hours of 8:30 a.m. to 4:30 p.m., Monday - Friday.

The Heart of Texas Council of Governments is the administrative and fiscal entity for the HOTWDB. The Heart of Texas area includes Bosque, Falls, Hill, Freestone, Limestone and McLennan Counties.

The HOTWDB Strategic and Operational Plan has been modified, where necessary, with changes to reflect the PY04 budgetary changes and performance standards. The plan includes strategic and operational goals in categorized program components for Child Care services, Temporary Assistance for Needy Families (TANF), Food Stamp Employment and Training, Wagner-Peyser Employment Services, Workforce Investment Act, Adult Dislocated Worker, and the WIA Youth Services programs. The process requires a thirty (30) day Public Comment Period, which is scheduled to begin March 1, 2004 and end March 30, 2004.

TRD-200401412

Brenda Khoury

Executive Assistant

Heart of Texas Council of Governments

Filed: February 24, 2004

Texas Department of Housing and Community Affairs
Texas Interagency Council for the Homeless Public Hearings Schedule

ANNOUNCEMENT OF THE TEXAS INTERAGENCY COUNCIL FOR THE HOMELESS'S PUBLIC HEARINGS SCHEDULE FOR COMMENT ON THE FIVE-YEAR PLAN TO END CHRONIC HOMELESSNESS

The Texas Interagency Council for the Homeless (TICH) will conduct public hearings to receive testimony concerning its five-year plan to end chronic homelessness in Texas.

Created in 1989, TICH coordinates the state's homeless resources administered through the Offices of the Governor, Lt. Governor, Speaker of the House, and Comptroller of Public Accounts; the Health and Human Services Commission and member divisions with responsibility for health, mental health, alcoholism and drug use, human services, rehabilitation, aging, and protective and regulatory services; the Texas Department of Criminal Justice; the Texas Department of Housing and Community Affairs; the Texas Education Agency; the Texas Veteran's Commission; the Texas Workforce Commission; and the Texas Youth Commission. Advisory members represent the Governor's Office of Budget and Planning; the Texas Council on Family Violence; the United States Department of Housing and Urban Development; the Texas Homeless Network; The Enterprise Foundation Office for the Education of Homeless Children and Youth; and the University of Texas School of Social Work. The council receives no funding and has no full-time staff, but receives clerical and advisory support from the Texas Department of Housing and Community Affairs.

The public hearings are being held at the request of the Office of the Governor and are intended to further the implementation of the state action plan on homelessness. The plan was developed as part of Texas' participation in federal policy academies to improve access to mainstream services for people who are homeless, including people with serious mental health or substance abuse problems. The federal policy academies are led by the US Department of Health and Human Services, the US Department of Housing and Urban Development, and the US Department of Veterans Affairs.

The hearings will be held in the following locations:

Austin - March 23rd, 2004, 10:00 a.m. - 909 West 45th Street, Texas Department of Mental Health and Mental Retardation.

Houston - March 24th, 2004, 2:00 p.m. - 1364 Westheimer Street, St. Luke's United Methodist Church, Crossroads Building.

Fort Worth - March 24th, 2004 10:00 a.m. - 1321 East Lancaster, Union Gospel Mission.

El Paso - March 25th, 2004 10:00 a.m. - 6611 Boeing, Region 19 Education Service Center.

Harlingen - March 25th, 2004 - 6:00 p.m. - 576 '76 Drive, The Cultural Arts Center, Liberty Hall Room

Lubbock - March 25th, 2004, 6:00 p.m. - 1218 14th Street, Lubbock Workforce Center

Individuals who require auxiliary aids, services or sign language interpreters for this meeting should contact Gina Esteves, ADA Responsible Employee, at 512-475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for this meeting should contact JoAnn DePenning, at 512-475-4779 at least three days before the meeting so that appropriate arrangements can be made.

Additional copies of the draft plan are available from Greg Gibson Chair, Texas Interagency Council for the Homeless, c/o Texas Department of Mental Health and Mental Retardation, 909 West 45th Street, Austin, TX 78756, phone 512/206-4695 or email greg.gibson@mhmr.state.tx.us, and at www.tich.state.tx.us.

Written comments concerning the plan may be sent to Greg Gibson, at the address above, not later than 5:00 p.m. C.S.T. April 20, 2004.

Texas Interagency Council for the Homeless State Action Plan to End Chronic Homeless

PRIORITY ONE: INCREASING THE PUBLIC AND POLITICAL INVESTMENT

Strategy 1.1. Improve data.

Action 1.1.1. Invite agencies utilizing HMIS and related data to report on services provided to homeless.

Action 1.1.2. Engage the governor to request homeless service data from all agencies.

Strategy 1.2. Increase capacity of local homeless coalitions.

Action 1.2.1. Provide a minimum of 20 TA training events to develop capacity.

Action 1.2.2. Require community mental health centers to designate a homeless service contact.

Action 1.2.3. Involve mental health advocacy groups in local homeless coalitions regarding housing and homeless issues for persons with disabilities.

Action 1.2.4. TICH member agencies will identify homeless service contacts with their subcontracting providers.

Strategy 1.3. Host public forums for state plan to end chronic homelessness.

Action 1.3.1. Convene a workgroup to develop final language for the draft plan to end chronic homelessness.

Action 1.3.2. Present draft state action plan at THN Conference and other settings.

Action 1.3.3. Provide agency heads with draft plan for comment.

Action 1.3.4. Convene policy academy team meeting.

Action 1.3.5. Convene TICH meeting to endorse action plan.

Action 1.3.6. Announce action plan to end chronic homelessness statewide.

PRIORITY TWO: PREVENT CHRONIC HOMELESSNESS

Strategy 2.1. Identify common risk factors and definitions regarding persons at risk of chronic homelessness.

Action 2.1.1. Research risk factors predicting chronic homelessness

Action 2.1.2. Present results and recommendations to TICH

Strategy 2.2. Develop model discharge coordination plan for persons at-risk of chronic homelessness.

Action 2.2.1. Identify institutions that serve people identified as "at-risk."

Action 2.2.2. Identify and evaluate current discharge plan components.

Action 2.2.3. Present critical components of a model discharge plans and model discharge plan to TICH.

Strategy 2.3. Coordinate discharge-planning efforts

Action 2.3.1. Present list of critical components and model plan to Governor's Office.

Action 2.3.2. Provide federal technical assistance to group of trainers.

Action 2.3.3. Implement TA in individual agencies.

Strategy 2.4. Develop a prevention strategy aimed at persons at risk of homelessness, currently homeless persons and their providers that focuses on education, awareness, and anti-stigma strategy.

Action 2.4.1. Identify critical components of prevention strategy.

Action 2.4.2. Develop intervention strategy/message.

Action 2.4.3. Identify and recruit pilot sites (secular and non-secular; individual staff and consumers).

Action 2.4.4. Present strategy/message to TICH.

Action 2.4.5. Test and evaluate strategy/message in pilot sites (pre- and post-campaign surveys).

Action 2.4.6. Cross-train multiple agencies on service provision (coordinated with TA for linking housing and services).

PRIORITY THREE: DEVELOP, EXPAND, AND SUPPORT EVIDENCE-BASED SERVICE INTERVENTIONS

Strategy 3.1. "Set aside" resources for ending chronic homelessness.

Action 3.1.1. Advocate for set-aside resources within TICH member agencies (including the political appointees).

Action 3.1.2. Work with local and federal agencies to articulate and reinforce need for set aside resources.

Action 3.1.3. Monitor and report on progress via data/statistics regarding set aside resources.

Strategy 3.2. Increase prioritization and targeting of persons experiencing chronic homelessness within mainstream services

Action 3.2.1. Review existing prioritization and targeting within mainstream systems.

Action 3.2.2. Review evidence-based practice principles for targeting within mainstream systems.

Action 3.2.3. Present recommendations for mainstream targeting to TICH

Strategy 3.3. Advocate for a uniform eligibility process.

Action 3.3.1. Research uniform eligibility efforts currently under way.

Action 3.3.2. Present summary of findings to TICH (and other workgroups?).

Action 3.3.3. Publicly endorse uniform eligibility process and provide feedback.

Strategy 3.4. Increase and improve linkages between housing and services.

Action 3.4.1. Identify current housing and services best practice models.

Action 3.4.2. Present findings to TICH.

Action 3.4.3. Coordinate technical assistance on linking housing and services.

TRD-200401440

Edwina Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 25, 2004

University of Houston System
Consultant Contract Award Notice

In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, The University of Houston System furnishes this notice of consultant contract award. The consultant will provide advice and consultation to the System and its University Advancement offices in determining readiness and feasibility for a major fundraising campaign. Requests for proposals were filed in the October 17, 2003, issue of the Texas Register (28 TexReg 9106).

The contract was awarded to Grenzebach Glier & Associates, Inc., 55 West Wacker Drive, Chicago, Illinois 60601, for a total amount of $282,412.

The beginning date of the contract is February 18, 2004 and the ending date is February 17, 2005.

For further information, please call UHS Advancement, Eli D. Cipriano, (713) 743-8901.

TRD-200401178

Dona G. Hamilton

VC/VP for Legal Affairs and General Counsel

University of Houston System

Filed: February 19, 2004

Request for Proposal

In compliance with Chapter 2254, Texas Government Code, the University of Houston System furnishes this notice of request for proposal. The University of Houston System seeks proposals from qualified consulting firms to provide advice and consultation to System Staff on matters related to assistance in the evaluation of the System's Treasury business processes with the goal of implementing best practices. This advice and consultation is authorized and supported by the UH System Chancellor/UH President as being of substantial need and necessary in performing the needed evaluation. Interested parties are invited to express their interest and describe their capabilities on or before April 5, 2004.

The term of the contract is to be for a one (1) year period beginning on or about June 1, 2004 and ending May 31, 2005, subject to one (1) year renewal option. Further technical information can be obtained from Raymond Bartlett at 713.743.8781. All proposals must be specific and must be responsive to the criteria set forth in this request.

SCOPE OF WORK: The Consultant will (i) Perform an evaluation of the System’s Treasury business processes with the goal of implementing "best practices" to reduce the cost of cash management and depository services, improve internal efficiency through the better utilization of treasury management services and technology, reduce manual and/or redundant internal processes, and improve control measures. Areas of specific focus should include, but are not necessarily limited to, general Treasury operations, cash management processes, bank relationship structure, account analysis fees, merchant credit card processing, and credit card fees, (ii) Develop a draft report of all current business processes in the Treasurer’s Office with recommendations and timetables for improvements to such things as treasury operations and cash management practices, bank relationship structure, account analysis fees (including an estimate of the fee savings to be realized), and the credit card merchant processing program. The recommendations should focus on improving efficiency, utilizing additional technology, and control measures based on "best practices". The report shall include a section that provides recommendations with timetables for a series of iterative steps that could be implemented by the System over time that would lead to the use of "best practices" in the event resource limitations preclude the System from changing its business processes to "best practices" processes immediately, (iii) Review the draft report of findings, recommendations, and time lines with System staff, and (iv) Submit a final report of findings, recommendations, and time lines after discussion with System staff.

INFORMATION ABOUT THE UNIVERSITY OF HOUSTON SYSTEM: The System is composed of four universities and a system administration. It is the third largest university system in the State of Texas. The System operates separate bank account structures for the four universities and the system administration. Currently, the System maintains 18 bank accounts with three commercial banks (1 bank is Texas based and the other two banks have a multi-state presence), one special purpose account with a regional bank in the Midwest United States and two special purpose accounts with a bank in France. The Treasurer’s Office is comprised of 8 employees and is responsible for the System’s endowment management, debt management, and cash management. With respect to cash management, the Treasurer’s Office utilizes various products to manage the daily cash position and payment risk for the System. These products include, but are not limited to, retail lockbox, positive pay, controlled disbursement, direct deposit of payroll, previous day and current day electronic balance and transaction reporting, ach credit addenda record reporting, full and partial reconciliations, and ach and wire transfer activity. The System utilizes a treasury workstation software purchased from SunGard Treasury Systems to retrieve and store this bank activity data. This allows Treasury to run ad hoc reports from this data and search historical receipts. The System submits deposits to its local depository banks via armored car services and receives and disburses payments via check, ach, and fed wire. The Treasurer’s Office verified more than 51 thousand transactions, totaling in excess of $3.5 billion on an absolute basis, which were routed through our banking relationships in fiscal year 2003. The System currently does not use sweep accounts for its daily excess liquidity, but it wishes to evaluate the cost/benefits of using this cash management product. The System maintains five money market accounts at its primary cash management bank. These accounts had a low 9-figure balance at the end of August 2003. Treasury transfers funds to and from these accounts via fed wire as necessary to invest excess liquidity or fund a projected daily negative cash flow position in an operating account. Treasury administers an extensive merchant credit card processing program for the System through a central contract with a nationally recognized leader of MasterCard and Visa credit card processing. We also have central contracts with American Express and Discover for acceptance of these card types. System components have generated over $70 million worth of credit card transactions, representing an estimated 180 thousand transactions in the year 2003. There are currently 64 locations within the System that accept credit cards. Several locations throughout the System accept credit cards over the web, and each System university also accepts credit cards for tuition and fees via a telephone registration system in addition to the web.

GENERAL INSTRUCTIONS: Submit one (1) original and two (2) copies of your proposal in a sealed envelope to: Office of the Treasurer, University of Houston, Ezekiel Cullen Building, Room 10F, Houston, Texas 77204-2009 before 3:00 P.M. April 5, 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.

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.

RESCISSION OF PROPOSAL: A Proposal can be withdrawn from consideration at any time prior to expiration of the Deadline for Proposals pursuant to a written request sent to the Treasurer.

REQUEST FOR CLARIFICATION: The System reserves the right to request clarification of any information contained in a Proposal.

QUESTIONS BY PROPOSERS: The deadline for questions submitted by Proposers is 4:00 PM CST on March 15, 2004. The System will accept no questions after this date. Questions must be submitted in writing; the question, written System response, and addenda, if any, related to the RFP will be distributed no later than March 17, 2004 to all Proposers who have sent the Proposer’s email contact information to the System’s Assistant Treasurer by 4:00 PM CST on March 15, 2004. If the System determines a question has been sufficiently answered in the RFP, the inquiring Proposer will be referred to the relevant section of the RFP. Questions must be emailed to the Assistant Treasurer, Raymond S. Bartlett, at rbartlett@uh.edu.

ADDENDA TO THE RFP: Each Proposer will be provided with copies of System-approved addenda, including amendments, if any, to the RFP. If and as necessary, as determined by the System, Proposers will, in turn, be allowed time to revise or supply additional information in response to such addenda.

PRE-PROPOSAL CONFERENCE: There will not be a pre-proposal conference.

COMMUNICATIONS WITH SYSTEM PERSONNEL: Except as provided in this RFP and as is otherwise necessary for the conduct of ongoing System business operations, Proposers are expressly and absolutely prohibited from engaging in communications with System personnel who are involved in any manner in the review and/or evaluation of the Proposals; selection of a Proposer; and/or negotiations or formalization of a Contract. If any Proposer engages in conduct or communications that the System determines are contrary to the prohibitions set forth in this section, the System may, at its sole discretion, disqualify the Proposer and withdraw the Proposer’s Proposal from consideration.

EVALUATION OF PROPOSALS: The Proposals will be reviewed in accordance with the criteria set forth in this RFP. Proposals that are (i) incomplete, (ii) not properly certified and signed, (iii) not in the required format, or (iv) otherwise non-compliant, in whole or in part, with any of the requirements set forth in this RFP may be disqualified by the System.

PROVISION OF INFORMATION: Each Proposer must provide current, accurate, complete information about all of the following in support of its Proposal (please coordinate numbers with responses): (A) Business, Financial Information: (i) Name, address, telephone number, and title of the person(s) whom the System can contact about the Proposal; (ii) State of Texas corporate filings, DBA name, registration and tax identification number; (iii) Name(s) of owner(s) or partners or directors, as applicable; (iv) Length of time and years during which the Proposer has provided the Services contemplated by this RFP; (v) Insurance carrier(s), types, and amounts of coverage currently maintained by the Proposer; (B) Services, Reports, and Billing: (i) Description of Services the Proposer is able to provide; (ii) Sample or prototypical reports that would be furnished to the System; (iii) Historically Underutilized Business (HUB) status, if any, of the Proposer; (iv) Methods, procedures, and processes to ensure quality control; (v) Billing frequency to be utilized by the Proposer; (C) Experience: (i) Provide an overview of your firm, including whether you would be considered a local, regional, or national firm and the demographics of your client base; (ii) Provide the total number of personnel employed by your firm, to include categorization by function. Have you gained or lost any key personnel in the last three years? If so, describe their duties and the effect on the organization; (iii) Provide name, title, and telephone number of each person who will be assigned to our account. The resumes of each of these employees must be included. Credentials illustrating the education, training, experience, and professional certification(s) of these personnel are also required; (iv) Provide a description of the current consulting load of the personnel to be assigned to our account; (v) Briefly discuss your firm’s experience as a treasury consultant for organizations of similar size, structure, and scope of work required. Three examples of your innovation (not to exceed one-half [1/2] page per example) must be included. One example must illustrate how you were able to significantly improve operational efficiency within the department, another example must demonstrate how your recommendations were able to significantly reduce bank service charges, and the last example must address your demonstrated ability to improve control measures for the client; (vi) Disclose if you intend to subcontract any service. The service and vendor must be identified; (vii) Describe the resources available to your firm from which you will compare our current business processes and bank fees to "best practices"; (D) References: Provide a list of three clients, preferably colleges/universities, for whom the Proposer has recently provided Services, including name of firm, contact person’s name, title, address, telephone number, and scope of project; (E) Consulting Methodology: Describe in sufficient detail the methodology you will employ and tasks you will perform to achieve the goals of the project as set forth in the RFP; (F) Performance Timetable: Indicate the number of hours that you believe is necessary and appropriate for your firm to complete each of the roles as described in the RFP. Recommended time should be identified for each role identified in this RFP and totaled for all aspects of the project; (G) Fees: Provide a fee schedule for the various consulting services you will provide. Identify by title and amount any reimbursable expenses (e.g. travel costs); (H) Legal Information: Is your firm, or any professionals employed by your firm, currently a defendant in any criminal proceedings or under criminal investigation, or being subject to any proceedings involving alleged securities violations; or any administrative action, including state and or federal regulatory agency proceedings, which resulted in censure or the suspension or revocation of any licenses? If yes, please describe.

DISCUSSIONS WITH PROPOSERS: The System may conduct discussions and/or negotiations with any Proposer that appears to be eligible for award ("Eligible Proposer") pursuant to the selection criteria set forth in this RFP. In conducting discussions and/or negotiations, the System will not disclose information derived from Proposals submitted by competing Proposers, except as and if law requires disclosure.

MODIFICATION OF PROPOSALS: All Eligible Proposers will be afforded the opportunity to submit best and final Proposals if (a) negotiations with any other Proposer result in a material alteration to the RFP and (b) such material alteration has a cost consequence that could alter the Proposer's quotations regarding rates for Services.

SELECTION OF PROPOSER: The Proposer selected for award will be the Proposer whose Proposal, as presented in response to this RFP and as determined by the System in accordance with the evaluation criteria set forth in this RFP, to be the most advantageous to the System. Proposers acknowledge that the System is not bound to accept the lowest-priced Proposal.

EVALUATION OF PROPOSALS: Submission of a Proposal indicates the Proposer's acceptance of the evaluation process set forth in this RFP and the Proposer's acknowledgement that subjective judgments must be made by the System in regard to the evaluation process.

CRITERIA FOR EVALUATION: Evaluation of Proposals and award to the Selected Proposer will be based on the following factors, as weighted and listed as follows: (i) Demonstrated ability of the Proposer to fulfill current and predicted System needs (50%); (ii) Stability and success of the Proposer's business profile (40%); and Rates for Services quoted (10%).

CONSIDERATION OF ADDITIONAL INFORMATION: The System reserves the right to ask for and consider any additional information deemed beneficial to the System in evaluation of the Proposals.

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-200401411

Dona G. Hamilton

VC/VP for Legal Affairs and General Counsel

University of Houston System

Filed: February 24, 2004

Houston-Galveston Area Council
Public Meeting Notice

Public Meeting on the

Draft 2025 Regional Transportation Concept Plan

Houston-Galveston Area Council

3555 Timmons Lane

Houston, Texas 77027

Tuesday, March 23, 2004

2nd Floor, Conference Room A

6 p.m. - 8 p.m.

On Tuesday, March 23, 2004, the Houston-Galveston Area Council (H-GAC) will host a public meeting on the Draft 2025 Regional Transportation Plan (RTP). The 2025 RTP provides a framework for identifying transportation priorities and major transportation challenges, such as regional mobility, air quality and safety. The public is encouraged to attend this important meeting and provide comments to H-GAC on the draft plan.

The public comment period on the Draft 2025 RTP begins Tuesday, March 9, 2004 . Comments must be received by H-GAC no later than 5 p.m., Thursday, April 8, 2004 . Copies of the Draft 2025 RTP will be available beginning March 9 on H-GAC's Transportation Web site, www.h-gac.com/transportation , or by calling Ursurla Williams at (713) 993-2455. Written comments may be submitted to Alan Clark, MPO Director, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227-2777, emailed to alan.clark@h-gac.com or faxed to (713) 993-4508.

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

TRD-200401414

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: February 25, 2004

Texas Department of Human Services
Request for Proposal for Curriculum Development, Training, Toll-Free Consumer Information Line, and Outreach Materials for a Continuum of Consumer Directed Services for Primary Home Care

The Texas Department of Human Services (DHS) announces a request for proposal (RFP) to develop education and outreach materials to train Primary Home Care (PHC) consumers, personal attendant care provider staff, and DHS staff in the use of a continuum of consumer choice and control for managing personal attendant care.

Description of Services: The potential contractor will perform all training activities, including curriculum development, production of training video and outreach materials, and conducting training. The training will describe the three options for managing PHC services, aimed at three distinct audiences--PHC consumers, personal attendant care provider staff, and DHS case managers. The contractor will also provide and staff a toll-free information line to respond to consumer inquiries about the service delivery options available. The proposed contractor is expected to devise a cost-effective method that can reach large audiences and ensure that the project goals are achieved. This contract will be one component of a pilot project that will also include implementation of the service responsibility option in one region and then statewide rollout.

Terms and/or Amount: This contract is for 28 months, beginning June 1, 2004, and ending September 30, 2006. The contract for the approved proposal will be a cost reimbursement contract.

Selection and Evaluation: To complete the evaluation, DHS may enter into negotiations with one or more of the offerors. Additionally, DHS has the right to reject all offers submitted in response to the solicitation; DHS may, at its option, award one or more contracts; and DHS may cancel the solicitation at any time. Evaluation criteria are established to assess which offer, if any, represents the best purchase (considering price, quantity, and quality). The factors considered in making the selection and their relative weights can be found in the RFP.

To ensure the integrity of this process, proposals from committee members participating in the review of this RFP and organizations with which review members are directly or indirectly associated, will not be accepted. A prospective bidder anticipating a problem or conflict that may cause disqualification from participating may contact Elizabeth Jones at (512) 438-4855.

Charitable community or faith-based organizations, as well as historically underutilized businesses, are encouraged to submit proposals.

Offerors' Conference: A teleconference will be held from 9:00 a.m. to 11:30 a.m., Central Daylight Time, on March 19, 2004, for potential offerors to receive a briefing from DHS on this RFP and to ask questions. Offerors may submit questions prior to the offerors' conference. To participate in the teleconference, the potential offerors must submit a notification of intent to participate (including potential offeror's name, phone number, fax number, e-mail address, address, and contact person) to the DHS contact person no later than March 17, 2004.

Closing Date: Proposals must be received at DHS no later than 4:00 p.m. on April 13, 2004. The original proposal and 4 copies must be sent to: Elizabeth Jones, C-PASS Project, DHS, 701 W. 51st Street, Mail Code W-521, Austin, TX 78751 (for overnight carriers), or P.O. Box 149030, Mail Code W-521, Austin, TX 78714-9030 (for regular U.S. mail).

Contact Person: To obtain an RFP, please write to Elizabeth Jones, C-PASS Project, DHS, 701 W. 51st Street, Mail Code W-521, Austin, TX 78751, or P.O. Box 149030, Mail Code W-521, Austin, TX 78714-9030, fax: 512-438-5135; or e-mail to elizabeth.jones@dhs.state.tx.us.

TRD-200401409

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: February 24, 2004

Request for Proposal for Registered/Licensed Contract Dietitians

The Texas Department of Human Services (DHS) is inviting proposals for registered/licensed contract dietitians.

Description of Services: Registered/Licensed Dietitians are needed to conduct nutrient analysis of menus and provide instruction on meeting nutrition goals identified in the Dietary Guidelines for Americans for the National School Lunch Program and School Breakfast Program (NSLP/SBP). Services will be required on a variable basis depending on the number of schools participating in the program. Nutrient analysis and computer experience are required.

Geographical Area: Dietitians are being actively sought throughout Texas. Dietitians must be willing to travel anywhere in the state of Texas to conduct nutrient analysis.

Closing Date: Proposals must be received by noon, June 1, 2004.

Term of Contract: The contract period is from October 1, 2004, through September 30, 2005.

Procedures of Selection: A screening and evaluation form will be used to select applicants. Applicants that are considered for selection will be scheduled for an interview.

Contact Person: For more information, please contact Jo Anne Nelson (512) 420-2579 or Sarah Isleib (512) 420-2582, Special Nutrition Programs Policy Unit MC Y-906, P.O. Box 149030, Austin, TX 78714-9030. Request for proposal packets are now available.

TRD-200401373

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: February 24, 2004

Texas Department of Insurance
Company Licensing

Application to change the name of SECURITAS LIFE INSURANCE COMPANY to GREAT CORNERSTONE LIFE AND HEALTH INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Edmond, Oklahoma.

Application for incorporation to the State of Texas by VALUE ONE HEALTH PLANS, LLC, a domestic Health Maintenance Organization. The home office is in Houston, 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.

TRD-200401420

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 25, 2004

Notice of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket No. 2591, on March 23, 2004, at 10:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider one appointment to the Building Code Advisory Committee on Specifications and Maintenance (Committee). The appointment of a replacement public member is necessary to complete the remainder of the unexpired term of John De La Cruz.

The Commissioner is considering the appointment of Asa H. Yeamans who resides in Rockport, Texas as a replacement public member of the Committee. If appointed, Mr. Yeamans would serve a term beginning on the date appointed by the Commissioner and expiring on September 1, 2005.

Article 21.49 §6C of the Insurance Code provides for the appointment of an advisory committee to advise and make recommendations to the Commissioner on building specifications and maintenance in the plan of operation of the Texas Windstorm Insurance Association (TWIA). Article 21.49 §6C also provides for the membership of the Committee, including three public members who reside in a designated catastrophe area, three building industry members who reside in a designated catastrophe area, and three members representing the insurance industry who write insurance in the designated catastrophe areas.

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

This agency hereby certifies that the proposed appointment has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

TRD-200401329

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 23, 2004

Public Utility Commission of Texas
Notice of Application for a Certificate of Convenience and Necessity in Hidalgo County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on February 20, 2004, for a certificate of convenience and necessity in Hidalgo County, Texas.

Docket Style and Number: Application of Magic Valley Electric Cooperative, Inc. (MVEC) for a Certificate of Convenience and Necessity for a Proposed Transmission Line in Hidalgo County, Texas. Docket Number 29225.

The Application: MVEC proposed to build a 138-kV transmission line in Hidalgo County, Texas. The proposed transmission line is designated the North Edinburg to West Edinburg Project.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by April 5, 2004, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 29225.

TRD-200401432

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

Notice of Application for Amendment to Designation as an Eligible Telecommunications Carrier Pursuant to P.U.C. Substantive Rule §26.417

Notice is given to the public of an application filed with the Public Utility Commission of Texas on February 20, 2004, for an amendment to a designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.417.

Docket Title and Number: Application of AMA TechTel Communications to Amend its Designation as an Eligible Telecommunications Carrier (ETC) Pursuant to P.U.C. Substantive Rule §26.417. Docket Number 29366.

The Application: The company is requesting to amend its ETC designation in order to add certain exchanges within the service area of Valor Telecommunications of Texas, L.P. and SBC Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 25, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29366.

TRD-200401426

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

Notice of Application for Amendment to Designation as an Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.418

Notice is given to the public of an application filed with the Public Utility Commission of Texas on February 20, 2004, for an amendment to a designation as an eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.418.

Docket Title and Number: Application of AMA TechTel Communications to Amend its Designation as an Eligible Telecommunications Provider (ETP) Pursuant to P.U.C. Substantive Rule §26.418. Docket Number 29365.

The Application: The company is requesting to amend its ETP designation in order to add certain exchanges within the service area of Valor Telecommunications of Texas, L.P. and SBC Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 25, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29365.

TRD-200401425

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

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

On February 18, 2004, AFN, Incorporated filed an application with the Public Utility Commission of Texas (Commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60444. Applicant intends to reflect a change in type of provider.

The Application: Application of AFN, Incorporated for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29344.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 10, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29344.

TRD-200401231

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 20, 2004

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

On February 19, 2004, Electric Lightwave, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60273. Applicant intends to (1) reflect a change in corporate status; (2) reflect a name change to Electric Lightwave, LLC; and (3) remove the resale-only restriction.

The Application: Application of Electric Lightwave, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29353.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 10, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29353.

TRD-200401436

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

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

On February 12, 2004, Brazos Global Communications filed an application with the Public Utility Commission of Texas (Commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60370. Applicant intends to relinquish its certificate.

The Application: Application of Brazos Global Communications to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 29333.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 10, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29333.

TRD-200401149

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 18, 2004

Notice of Application for Service Provider Certificate of Operating Authority

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

Docket Title and Number: Application of Cox Texas Telcom, L.P. for a Service Provider Certificate of Operating Authority, Docket Number 29348 before the Public Utility Commission of Texas.

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

Applicant's requested SPCOA geographic area includes the entire State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 10, 2004. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29348.

TRD-200401422

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 19, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Symtelco, LLC for a Service Provider Certificate of Operating Authority, Docket Number 29350 before the Public Utility Commission of Texas.

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

Applicant's requested SPCOA geographic area includes the area of Texas currently served by SBC Texas, Verizon, and United Telephone Company of Texas, and Central Telephone Company of Texas, Inc., d/b/a Sprint.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 10, 2004. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29350.

TRD-200401423

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on February 20, 2004, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Application of the Brownsville Public Utilities Board (BPUB) to Amend Electric Utility Certificated Service Area Boundaries. Docket Number 29362.

The Application: The application encompasses 9.8 acres of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville (City). BPUB received a letter request to provide electric utility service to property owned by the City. There are no electric distribution facilities within the proposed area. The estimated cost to BPUB to provide service to this proposed area is $4,945.77. If the application is approved, the area would be dually certificated to AEP and BPUB.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than March 15, 2004, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 29362.

TRD-200401431

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

Notice of Filing to Withdraw Reservation Based Conference Connections Service from Tariff

Notice is given to the public of Verizon Southwest's (Verizon) application filed with the Public Utility Commission of Texas (commission) on February 19, 2004 to withdraw its Reservation Based Conference Connections service, pursuant to commission substantive rule §26.208.

Docket Title and Number: Application of Verizon Southwest to Withdraw Reservation Based Conference Connection Service From its Texas Long Distance Message Telecommunications Service (MTS) Tariff, Docket Number 29361.

The Application: Verizon filed an application to withdraw Reservation Based Conference Connections service from its Texas Long Distance Message Telecommunications Service Tariff. Verizon advised that this service is provided on a "per request/use" basis and has no monthly recurring rates. Verizon proposes to withdraw this service as the equipment vendor no longer supports the equipment maintenance, including parts and labor, as of January 1, 2004. Verizon stated that there are no current subscribers; therefore there are no grandfathering issues. Since there are no subscribers, Verizon seeks waiver of the customer notice requirements in commission substantive rule §26.208(h). Verizon commented that it will continue to provide Reservation-less Conference Connections which provides a conferencing service to its customers on an on-demand basis. In addition, Verizon advised that other companies, such as AT&T, MCI, Global Crossing, Citizens, and Sprint, offer similar services.

Persons wishing to comment on this application should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free 1-800-735- 2989. All correspondence should refer to Docket Number 29361.

TRD-200401236

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 20, 2004

Public Notice of Amendment to Interconnection Agreement

On February 17, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and Tiagris Corporation, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29335. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29335. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 19, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29335.

TRD-200401181

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 19, 2004

Public Notice of Amendment to Interconnection Agreement

On February 17, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and U- Talk Corporation, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29336. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29336. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 19, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29336.

TRD-200401180

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 19, 2004

Public Notice of Amendment to Interconnection Agreement

On February 17, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and Comm South Companies, Incorporated, doing business as Texas Comm South, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29337. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29337. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 19, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29337.

TRD-200401182

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 19, 2004

Public Notice of Amendment to Interconnection Agreement

On February 17, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and AT&T Wireless Services, Incorporated, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29338. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29338. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 19, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29338.

TRD-200401183

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 19, 2004

Public Notice of Amendment to Interconnection Agreement

On February 19, 2004, United Telephone Company of Texas, Incorporated, doing business as Sprint, Central Telephone Company of Texas, doing business as Sprint, Sprint Spectrum, LP, a Delaware Limited Partnership, as Agent for Wirelessco, LP., A Delaware Limited Partnership, and SprintCom, Incorporated, a Kansas Corporation and Cox Communications PCS, LP, a Delaware Limited Partnership, and APC PCS, LLC a Delaware Limited Partnership, and Phillieco, LP a Delaware Limited Partnership, All Foregoing Entities Jointly, doing business as Sprint PCS, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29355. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29355. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 23, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 29355.

TRD-200401232

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 20, 2004

Public Notice of Amendment to Interconnection Agreement

On February 19, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and ITC^DeltaCom Communications, Incorporated, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29356. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29356. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 23, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 29356.

TRD-200401233

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 20, 2004

Public Notice of Amendment to Interconnection Agreement

On February 19, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and Tiagris Corporation, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29357. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29357. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 23, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 29357.

TRD-200401234

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 20, 2004

Public Notice of Amendment to Interconnection Agreement

On February 19, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and Henry Communications, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29358. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29358. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 23, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 29358.

TRD-200401235

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 20, 2004

Public Notice of Amendment to Interconnection Agreement

On February 23, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and VoIP Services, LLC, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29377. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29377. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 25, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29377.

TRD-200401429

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

Public Notice of Amendment to Interconnection Agreement

On February 23, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and ITC^DeltaCom Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29378. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29378. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 25, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29378.

TRD-200401430

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215

Notice is given to the public of the filing, on February 24, 2004, with the Public Utility Commission of Texas, a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215. The Applicant will file the LRIC study on March 5, 2004.

Docket Title and Number. Southwestern Bell Telephone, LP d/b/a SBC Texas's Application for Approval of LRIC Study for Business Category Search - Proximity Enhancement Pursuant to P.U.C. Substantive Rule §26.215, Docket Number 29382.

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 29382. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200401435

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

Public Notice of Interconnection Agreement

On February 23, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Easton Telecom Services, LLC, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29371. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29371. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 25, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29371.

TRD-200401428

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

Public Notice of Interconnection Agreement

On February 23, 2004, Valor Telecommunications of Texas, LP d/b/a Valor Telecom and XIT Telecommunication and Technology, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29379. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29379. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 25, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 29379.

TRD-200401434

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

Public Notice of Interconnection Agreement

On February 23, 2004, Valor Telecommunications of Texas, LP d/b/a Valor Telecom and Panhandle Telecommunications Systems, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29380. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29380. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 25, 2004, and shall include:

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

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

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

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

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

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

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

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29380.

TRD-200401427

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 25, 2004

Public Notice of Workshop and Request for Comments Regarding Rulemaking on Disaggregation of Texas Universal Service Funds (TUSF)

The Public Utility Commission of Texas (commission) will hold a workshop to consider adopting a rule to provide for disaggregation of Texas Universal Service Funds (TUSF) for telecommunications carriers on Thursday, March 18, 2004 at 9:30 a.m. in Hearing Room Gee, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 29250, Rulemaking Proceeding Regarding Disaggregation of Texas Universal Service Funds (TUSF) , has been established for this proceeding.

Prior to the workshop, the commission requests that interested persons file comments on the questions below. The workshop agenda will not be confined solely to questions proposed by the commission staff; a portion of the workshop will be reserved for open discussion of related issues of general interest to attendees.

Scope of Rule

1. Should a TUSF disaggregation rule mirror the federal USF (FUSF) disaggregation rule, set forth in P.U.C. Substantive Rule 26.418(k)? Why or why not?

2. Should a TUSF disaggregation rule contain requirements in addition to those that apply to federal USF? If so, please describe the requirement and provide suggested rule language.

3. Should a TUSF disaggregation rule contain specific notice requirements for the TUSF administrator (currently, NECA)? If so, please provide suggested rule language.

4. Would disaggregation of TUSF be addressed solely through amendments to P.U.C. Substantive Rule 26.417, or would other commission rules be impacted? Please identify the rule that may require amendment or revision, state the reason that the amendment or revision would be required, and provide suggested amended rule language, if applicable.

5. Which carriers, non-rural or rural incumbent local exchange carriers (ILECs) or all, should be eligible to disaggregate their TUSF support? Which support areas should be disaggregated?

6. Which TUSF funds should be subject to disaggregation?

Impact on Competition

7. What impact, if any, will disaggregation have upon competitive local exchange carriers (CLECs) in an affected study area?

8. What impact, if any, will disaggregation have upon competitive eligible telecommunications carriers (ETCs) or competitive eligible telecommunications providers (ETPs) in an affected study area?

9. Should a telecommunications provider with more than one ETC and/or ETP designated in its study area be required to disaggregate TUSF? In responding to this question, please address the FCC's recent decision in Virginia Cellular, LLC Petition for Designation as an Eligible Telecommunications Carrier In the Commonwealth of Virginia , CC Docket No. 96-45, FCC 03-338, Memorandum Opinion and Order at paragraph 35 (rel. Jan. 22, 2004).

10. If a disaggregation rule were adopted, should there be a window during which carriers can elect to disaggregate, followed by a period of time in which further disaggregation will not be allowed?

11. Should the amount of TUSF funding for a disaggregated area be frozen at the time that disaggregation is implemented?

Calculation of Support Amounts

12. Should the commission adopt a cost model for TUSF disaggregation? If so please identify the cost model, explain why it should be used for disaggregation, and provide an example of how it would distribute support in a rural ILEC study area or rural exchange, or both, including specific per line support amounts.

13. If not, how would disaggregation be effectuated, and how would per-line support be calculated? For example, should the commission adopt another form of quantification of support per access line, such as loop length or population density, or a combination of both factors?

14. Should the disaggregation mechanism (whether cost model and/or other) be forward- looking? Or should it allow for embedded and/or historical inputs (including loop length and population density)?

15. Under either a cost model and/or other disaggregation mechanism, please provide an example of the practical impact of zone-specific TUSF disaggregation in a rural ILEC's study area (or rural exchange, or both), including a before-and-after snapshot of how TUSF support is distributed in the study area at present (include the support amount per line), and how it would be distributed after disaggregation (include support amounts per line for each zone).

16. If a carrier disaggregates its study area, should a UNE-sharing mechanism apply to that study area? If so, please describe the UNE-sharing mechanism and provide an example of how it would be applied.

17. Should the manner of disaggregation be limited to a specific number of zones?

Other

18. How would disaggregation impact the size of the TUSF, if at all? Please provide an estimate of the financial impact, if applicable.

19. Should the commission consider a process to enforce the commission's audit capabilities to ensure that TUSF funds are being used consistent with PURA Chapter 56, Subchapter B?

20. Please describe any policy goals that would be furthered or hindered by the adoption of a TUSF disaggregation mechanism.

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 within 21 days of the date of publication of this notice. All responses should reference Project Number 29250. The commission requests that comments be limited to 20 pages (not including attachments). Parties are urged to include everything they wish to discuss in their comments, however the commission requests that parties identify the question for which a response is being provided, and to respond to the questions in sequential order. If parties wish to present anything at the workshop that was not included with the comments, it must be filed in Central Records no later than 3:00 p.m. on March 16, 2004.

Ten days prior to the workshop the commission shall make available in Central Records under Project Number 29250 an agenda for the format of the workshop.

Questions concerning the workshop or this notice should be referred to Mike Grable, Policy Development Division at (512) 936-7234 or Rosemary McMahill, Policy Development Division at (512) 936-7244. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200401238

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 20, 2004

Public Notice of Workshop on Project to Address Modification of the Definition of "Access Line" Pursuant to Local Government Code §283.003

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding modifying the definition of the term "access line," pursuant to Local Government Code §283.003, on Tuesday, April 13, 2004, at 9:30 a.m. in the Commissioner's Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 29347, Project to Address Modification of the Definition of "Access Line" Pursuant to Local Government Code §283.003 , has been established for this proceeding.

The commission requests that interested persons file comments by April 6, 2004, to the following questions:

1. Since September 2002, have there been any changes in technology or facilities that would justify a modification to the categories of access lines as developed by the commission? If so, what are these changes? How frequently have they been deployed?

2. Since September 2002, have there been any changes in the competitive or market conditions that would justify a modification to the categories of access lines as developed by the commission? If so, what are these changes? How frequently have they been deployed?

3. Are there any other issues regarding the redefinition of "access line" pursuant to Local Government Code §283.003 that should be addressed by the commission?

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 within 30 days of the date of publication of this notice. Electronic copies should be submitted, as well. All responses should reference Project Number 29347. This notice is not a formal notice of a proposed rulemaking; however, the parties' responses to the questions and comments at the workshop will assist the commission in developing a commission policy or determining the necessity for a related rulemaking.

Questions concerning the workshop or this notice should be referred to Hayden Childs, Senior Policy Analyst, Telecommunications Division, (512) 936-7390, hayden.childs@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200401179

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 19, 2004

Texas Workers' Compensation Commission
Invitation to Apply to the Medical Advisory Committee (MAC)

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

Primary

* Dentist

* Employer

* General Public 1

Alternate

* Public Health Care Facility Representative

* Dentist

* Pharmacist,

* Employer

* General Public 1

* Insurance Carrier

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Maintain knowledge of MAC proceedings.

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

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

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

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

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

a. Preparation of a suitable agenda.

b. Planning MAC activities.

c. Establishing meeting dates and calling meetings.

d. Establishing subcommittees.

e. Recommending MAC members to serve on subcommittees.

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

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

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

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

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

Maintaining attendance records.

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

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

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

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

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

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

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

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

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

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

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

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

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

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

TRD-200401439

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: February 25, 2004