TITLE in-addition

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of February 20, 2004, through February 26, 2004. The public comment period for these projects will close at 5:00 p.m. on April 2, 2004.

FEDERAL AGENCY ACTIONS:

Applicant: Randy Rogers ; Location: The project is located near the mouth of South Bay, State Tract Number 757, Cameron County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: PORT ISABEL, Texas. Approximate NAD27 UTM Coordinates: Zone 14; Easting: 681,545; Northing: 2,881,275. Project Description: This is an after-the-fact permit request for a structure used as a boat hide and water foul shooting platform used in guided hunts. The structure is composed of a boathouse with shooting platforms on pilings, 35 feet long by 20 feet wide. The whole structure is then covered in palm fronds to act as a bird hunting blind. CCC Project No.: 04-0046-F1; Type of Application: U.S.A.C.E. permit application #23293 is being evaluated under §10 of the Rivers and Harbors Act of 1899.

Applicant: Howard Management Services, LP ; Location: The project is located in the Colorado River at the intersection of Center and St. Mary's Street in Matagorda, Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Matagorda, Texas. Approximate UTM Coordinates: Zone 15; Easting: 208990; Northing: 3177234. Project Description: The applicant proposes to construct 36 covered boat slips (no sides) with a total surface coverage of 305 feet by 76 feet (0.5 acre). The central pier would measure 8 feet wide and all slips would be 34 feet long. The applicant proposes to hydraulically dredge the slip to a depth of 10 feet deep and maintenance dredge the channel adjacent to the bulkhead to a depth of 8 feet deep for a distance of 500 feet north of the slip. The depth of the water in the slip is fairly uniform at approximately 4 feet mean high water. The dredge material would be retained in a leveed area located 300 feet to the east of the harbor on property owned by the applicant. The total amount of material removed would total 13,000 cubic yards. Containment Area 1 has a capacity of 22,000 cubic yards and Containment Area 2 has a capacity of 11,000 cubic yards. The Matagorda flood levee is 16 feet tall and the applicant would construct containment levees 3 feet tall. CCC Project No.: 04-0054-F1; Type of Application: U.S.A.C.E. permit application #23041(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899.

Applicant: Enzo Investments ; Location: The project is located in and adjacent to Clear Lake, north of Marina Bay Drive, west of Twin Oaks Boulevard, in League City, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: League City, Texas. Approximate UTM Coordinates: Zone 15; Easting: 300622; Northing: 3270920. Project Description: The applicant proposes to construct a 24-lot development adjacent to Clear Lake with a 1700-foot constructed canal to provide water access to the waterfront lots. The canal will be excavated in the dry with an earthen plug left between the canal and Clear Lake until all excavation and bulkhead construction is complete. The plug will then be excavated to connect the canal to Clear Lake. The bulkhead built along the Clear Lake frontage will be constructed above the mean high tide line and will not require any jurisdictional fill. In addition, the applicant seeks authorization to mechanically dredge 2,150 cubic yards of material from Clear Lake to provide an access channel to the 3 lakefront lots. Most of the material excavated from uplands on the 9.8-acre tract will be used to raise the elevation of the lots. Material dredged from Clear Lake and excess material from the canal excavation will be placed offsite on a 6.6-acre tract southwest of the intersection of FM 518 and Anders Lane. The total volume of material to be placed on the 6.6-acre placement site is estimated at 6,800 cubic yards. The applicant also proposes to install a water circulating system to improve flow within the canal. An 8-inch diameter PVC pipe will serve as an intake and conduit to water pumped from the canal's north end to the south end of the canal utilizing a stainless steel pump at a rate of approximately 500 gallon per minute. The 8-inch pipe will terminate at a riser that will allow the flow of water to cascade out of the pipe approximately 12 inches above mean high tide. CCC Project No.: 04-0055-F1; Type of Application: U.S.A.C.E. permit application #23178 is being evaluated under §10 of the Rivers and Harbors Act of 1899.

Applicant: Live Oak Reserves, Inc. ; Location: The project is located at State Tract 45, Copano Bay, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: ROCKPORT, Texas. Approximate NAD27 UTM Coordinates for the drill location and beginning of pipelines: Zone 14; Easting: 688,554; Northing: 3,112,302. Approximate NAD27 UTM Coordinates for the Header Well #9 location and end of pipelines: Zone 14; Easting: 688,426; Northing: 3,112,902. Project Description: The applicant proposes to install a new surface well and two pipelines for the purpose of gas production. The project will involve the temporary installation of a barge-mounted drilling rig and a permanent production platform with attendant facilities. The well will be directionally drilled to a proposed bottom hole positioned approximately 300 feet from the eastern line and approximately 650 feet from the southern line of State Tract Number 45, Copano Bay. In addition, the applicant proposes the installation of two 2-inch diameter pipelines to extend southwest from the surface well to an existing platform (Header Platform #9) for the purpose of gas transport. The pipelines will be installed by jetting and the lines placed to a minimum depth of 3 feet below the mudline. The pipeline trench will be allowed to naturally return to pre-construction contours. CCC Project No.: 04-0058-F1; Type of Application: U.S.A.C.E. permit application #23305 is being evaluated under §10 of the Rivers and Harbors Act of 1899 and §404 of the Clean Water Act. Note : The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

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-200401690

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: March 3, 2004


Concho Valley Workforce Development Board

Public Notice

The Texas Administrative Code mandates that unemployment insurance (UI) recipients in the State of Texas make at least three job search attempts each week, unless local Workforce Boards adopt a policy to lower the requirement in rural counties (less than 10,000 in population). The Concho Valley Workforce Development Board (Board) is recommending that one work search attempt per week be mandatory for UI recipients in the following counties: Sutton, Crockett, Schleicher, Reagan, Irion, Sterling, Coke, Concho, Menard, Mason, McCulloch and Kimble. The proposed policy is available for review and comment at the Board office at 36 East Twohig, Suite 810, San Angelo, Texas for 30 days after the date of this notice. For more information contact Cathy Ballard at (325)655-2005 or via email at cathy.ballard@twc.state.tx.us.

TRD-200401677

Cathy Ballard

WIA/ES Contract Manager

Concho Valley Workforce Development Board

Filed: March 2, 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 §303.003 and §303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of March 8, 2004 - March 14, 2004 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of March 8, 2004 - March 14, 2004 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-200401672

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 2, 2004


Request for Interpretation of Subtitle B, Title 4

Under provisions of TEX. FIN. CODE §14.108, the consumer credit commissioner may issue interpretations of Subtitle A or B, Title 4, after approval of the interpretation by the finance commission. The provisions of Chapter 2001, Government Code, that relate to the adoption of an administrative rule do not apply to the issuance of an interpretation under this section.

The consumer credit commissioner has received the following request for an interpretation:

Request Number 2004-01. Request from David George, of Houston, Texas regarding whether a $5 surcharge of using a credit card violates Texas Finance Code §339.001.

Interested parties may submit briefs and proposals pertaining to the issue under consideration to Leslie L. Pettijohn, Commissioner, Office of Consumer Credit Commissioner, 2601 North Lamar, Austin, Texas 78705, until 30 days from publication.

TRD-200401633

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 27, 2004


East Texas Council of Governments

Notice of Request for Proposals for Worker Training Initiative

This Request for Proposals to interested entities is filed under Government Code 2254.

Notice is given that as the administrative unit for the East Texas Workforce Development Board, the East Texas Council of Governments (ETCOG) is soliciting proposals for worker training initiatives with primary companies. A special fund has been created to provide access to targeted training dollars for both current and newly hired workers. The Skills Advancement Fund of East Texas (SAFE) is intended as an avenue for primary companies throughout the East Texas WDA to access funding to provide worker training by partnering with providers such as local community colleges or to train workers in-house. The term "primary company" as described in the Request for Proposals, is synonymous with the definition cited in Texas legislation. As applied to the fourteen-county East Texas Workforce Development Area, it refers to a company in an identified industry that manufactures a product or provides a service where at least 50% of sales come from outside the area.

The East Texas Workforce Development Board is responsible for the oversight of state and federally funded training, employment, and childcare services in a fourteen county area around Longview and Tyler.

Persons or organizations wanting to receive a Request for Proposals (RFP) package should inquire by letter, fax, or e-mail to East Texas Council of Governments, 3800 Stone Road, Kilgore, Texas 75662, Attn: Daniel Pippin. The fax number for ETCOG is (903) 983-1440. The e-mail address is Daniel.Pippin@twc.state.tx.us. Questions regarding the RFP process can be addressed by calling (903) 984-8641.

It is anticipated that the deadline for receipt of proposals shall be 5:00 p.m. CDT, Tuesday, April 13, 2004.

TRD-200401667

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: March 1, 2004


Texas Commission on Environmental Quality

Notice of Public Hearings on Proposed Revisions to 30 TAC Chapter 321

The Texas Commission on Environmental Quality will conduct public hearings to receive comments concerning proposed revisions to 30 TAC Chapter 321, Control of Certain Activities by Rule, Subchapter B, Concentrated Animal Feeding Operations, including amendments to the air standard permit for animal feeding operations located in 30 TAC §321.43, under the requirements of Texas Health and Safety Code, §382.017 and §382.05195 and Texas Government Code, Subchapter B, Chapter 2001.

The proposed rulemaking would amend Chapter 321, Subchapter B, including proposals to reorganize existing requirements; incorporate the new federal concentrated animal feeding operation (CAFO) regulations; include Texas Pollutant Discharge Elimination System general requirements for CAFOs; include requirements for dairy CAFOs in a major sole-source impairment zone; amend the air quality standard permit; and provide authorization for animal feeding operations that are not defined or designated as CAFOs. Amendments to standard permits are subject to the procedural requirements of 30 TAC §116.605, including a 30-day public comment period and a public meeting. Any person who may be affected by the emission of air pollutants from facilities that may be authorized under the standard permit is entitled to submit written or oral comments regarding the proposed amendments to the standard permit.

Public hearings on the proposed revisions will be held in Stephenville on April 1, 2004 at 7:00 p.m., Texas Agricultural Experiment Station, 1229 North U.S. Highway 281; in Amarillo on April 6, 2004 at 7:00 p.m., at the Region 16 Education Service Center, Panhandle Conference Center, 5800 Bell Street; and in Austin on April 13, 2004 at 1:00 p.m., at the commission's central office located at 12100 Park 35 Circle, Building E, Room 201S. The hearings will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearings; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearings and will answer questions before and after the hearings.

Copies of the proposed revisions may be obtained from the Texas Commission on Environmental Quality's Web site at http://www.tnrcc.state.tx.us/oprd/rules/propadop.html#proposals or by contacting the Texas Commission on Environmental Quality's Office of Permitting, Remediation and Registration, Water Quality Division, at (512) 239-4671 or Air Permits Division, at (512) 239- 1250.

Comments may be submitted to Joyce Spencer, Texas Commission on Environmental Quality, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Project Number 2003-026-321-WT. Comments must be received by 5:00 p.m., April 13, 2004. For further information, please contact Kathy Ramirez, Policy and Regulations Division, at (512) 239-6757.

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

TRD-200401611

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 27, 2004


Notice of Public Meeting Concerning the Intent to Delete the Crim-Hammett Proposed State Superfund Site from the State Superfund Registry

Notice of public meeting on April 22, 2004, in Henderson, Rusk County, Texas concerning the Crim-Hammett proposed state Superfund site. The purpose of the meeting is to obtain public input and information concerning the intent to take no further action at the site and to delete the site from the state Superfund registry.

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ) is issuing this public notice of intent to take no further action at the Crim-Hammett proposed state Superfund site (the Site) and to delete the Site from its proposed-for-listing status on the state Superfund registry. The state registry is the list of state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The commission is proposing this deletion because the ED has determined that due to removal actions that have been performed, the Site no longer presents such an endangerment. This combined notice is also being published in the Henderson Daily News on March 12, 2004.

The Site was proposed for listing on the state Superfund registry in the July 21, 2000 issue of the Texas Register (25 TexReg 7039). The Site, including all land, structures, appurtenances, and other improvements, is located at 801 Highway 64, Henderson, Rusk County, Texas. The Site also included any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the Site.

The Site was used as a truck, tractor, and automobile dealership from 1947 - 1961. From 1961 - 1986, the Site was the location of an International Harvester franchise. Based on analytical results, gathered during the remedial investigation at the Site, chemicals of concern were predominantly limited to battery chip material located in the soils of the Site. Lead was detected at high concentrations, exceeding Tier 1 commercial/industrial protective concentration levels (PCL). Antimony, arsenic, cadmium, and mercury were also detected above Tier 1 commercial/industrial PCLs in the samples collected from the battery chip material. A removal action was performed at the Site during the summer of 2003. Approximately 2,500 cubic yards of material was excavated from the Site. This material was treated to comply with the requirements for Class 2 nonhazardous waste and transported to the Pinehill Landfill in Kilgore, Texas. Clean soil was brought in and graded to conform to original site conditions. The soil was then seeded to prevent erosion.

As a result of the removal actions that have been performed at the Site, the ED has determined that the Site no longer presents an imminent and substantial endangerment to public health and safety and the environment. Therefore, no further action is necessary at the Site and the Site is eligible for deletion from the state registry of Superfund sites as provided by 30 TAC §335.344(c).

The commission will hold a public meeting to receive comment on the proposed deletion of the Site and the determination to take no further action. This public meeting will be legislative in nature and is not a contested case hearing under Texas Government Code, Chapter 2001. The public meeting is scheduled for 7:00 p.m. on April 22, 2004, at the Henderson City Hall Council Chambers, 400 West Main Street, Henderson, Texas.

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., April 22, 2004, and should be sent in writing to Ms. Kristian Mauricio, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 143, P. O. Box 13087, Austin, Texas 78711-3087 or by facsimile (512) 239-2450. The public comment period for this action will end at the close of the public meeting on April 22, 2004.

A portion of the record for this Site, including documents pertinent to the proposed deletion of the Site, is available for review during regular business hours at the Rusk County Library, 106 East Main Street, Henderson, Texas, (903) 657-8557.

Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Records Customer Service, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-2463. Requests should be made as far in advance as possible.

For further information regarding this meeting, please contact Bruce McAnally, TCEQ Community Relations, at (800) 633-9363.

TRD-200401688

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 3, 2004


Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 12, 2004 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 12, 2004 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the commission in writing .

(1) COMPANY: Mughal Nasir dba 61st Street Food Mart; DOCKET NUMBER: 2003-1087- PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 005474, Regulated Entity Identification Number RN101873081; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $800; ENFORCEMENT COORDINATOR: Rick Ciampi, (512) 239-3119; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: AES Wolf Hollow LP; DOCKET NUMBER: 2003-1452-AIR-E; IDENTIFIER: Air Account Number HQ-0112-O; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: electric generation plant; RULE VIOLATED: 30 TAC §101.20(1) and §116.115(c), Air Permit Number 41166/PSD-TX-939, and 40 Code of Federal Regulations (CFR) §60.7(a) and 8(a), by failing to notify the TCEQ of the actual date of initial start up of gas turbine number 2, failing to conduct performance tests within 60 days of achieving the maximum firing rate, at which the affected facility will be operated, but not later than 180 days after initial start up of the facility, and failing to furnish the TCEQ with a written report of the results of the test required for gas turbine numbers 1 and 2 and the auxiliary boiler; PENALTY: $5,760; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Alamo Star, Inc. dba Glen Super Mart; DOCKET NUMBER: 2003-0214-PST- E; IDENTIFIER: PST Facility Identification Number 39474; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.51(b)(2)(C) and the Code §26.3475(c)(2), by failing to install overfill prevention equipment on each underground storage tank (UST); 30 TAC §334.50(b)(2)(A)(i)(III) and the Code §26.3475(a), by failing to conduct the annual line leak detector test on each UST to determine performance and operational reliability; and 30 TAC §334.8(c)(5)(C), by failing to permanently tag or label each UST fill tube at the facility with the number used to identify the tank on the registration and self-certification form filed with the commission; PENALTY: $3,120; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490- 3096.

(4) COMPANY: Amerada Hess Corporation; DOCKET NUMBER: 2003-1446-AIR-E; IDENTIFIER: Air Account Number TD0001H; LOCATION: Brownfield, Terry County, Texas; TYPE OF FACILITY: gas compressor station; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual compliance certification report form by September 25, 2001; PENALTY: $1,540; ENFORCEMENT COORDINATOR: Craig Flemimg, (512) 239-5806; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(5) COMPANY: BP Amoco Chemical Company; DOCKET NUMBER: 2003-1280-AIR-E; IDENTIFIER: Air Account Number BL-0002-S, Regulated Entity Identification Number RN100238708; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.715(a), Air Permit Number 95, and THSC, §382.085(b), by failing to comply with the volatile organic compounds maximum allowable emission rate; PENALTY: $7,950; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239- 1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Bay Oil Company; DOCKET NUMBER: 2003-1508-PST-E; IDENTIFIER: Regulated Entity Identification Number RN101768711; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid and current delivery certificate before making fuel deliveries to the facility between December 6, 2001 and November 14, 2002; PENALTY: $800; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Bell County Water Control and Improvement District Number 1; DOCKET NUMBER: 2003-1354-MLM-E; IDENTIFIER: Public Water Supply (PWS) Number 0140016, Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10351-003; LOCATION: Killeen, Bell County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number 10351-003, by failing to provide the required annual flow meter calibration documentation, and failing to provide a copy of the annual sludge report; the Code, §26.121(a), by failing to prevent the unauthorized discharge of sludge; 30 TAC §305.125(5), by failing to properly operate and maintain the facility's system of treatment and control to achieve compliance with permit conditions; 30 TAC §§305.125(9), 327.3(b), and 319.302(b)(3), by failing to notify the executive director, local officials, and media within 24 hours of an unauthorized discharge; 30 TAC §290.45(b)(2)(A) and (e)(2), by failing to provide service pump capacity of 0.6 gallons per minute per connection with the largest pump out of service; 30 TAC §290.43(c), by failing to provide an overflow pipe flap valve assembly with a mechanical seal with a gap of no more than 1/16 inch; 30 TAC §290.41(e)(2)(C), by failing to establish a 200 feet radius restricted zone from the raw water intake; 30 TAC §290.46(f)(3)(D)(ii), by failing to provide records to demonstrate that the facility's water storage and pressure maintenance facilities have been inspected annually; 30 TAC §290.46(m)(4), by failing to maintain all water related appurtenances in a watertight condition; 30 TAC §290.46(s)(2)(C)(ii), by failing to calibrate the disinfectant residual analyzer at least once every 90 days; and 30 TAC §290.43(e), by failing to provide a properly constructed intruder-resistant fence around Fort Hood's three storage tanks; PENALTY: $17,780; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(8) COMPANY: Bollinger Texas City, L.P.; DOCKET NUMBER: 2003-1301-AIR-E; IDENTIFIER: Air Account Number GB-0593-H, Regulared Entity Identification Number RN100218627; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: ship sandblasting; RULE VIOLATED: 30 TAC §122.145(2)(A), §122.146(2), and THSC, §382.085(b), by failing to submit the annual Title V permit compliance certification within 30 days after the end of the certification period and failing to document in the Title V deviation report all instances of deviations that occurred during the prior reporting period; PENALTY: $2,725; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Calpine Natural Gas, L.P.; DOCKET NUMBER: 2003-1231-AIR-E; IDENTIFIER: Air Account Number BL-0441-L, Regulated Entity Identification Number RN102568987; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: natural gas production; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit Form ECT-3, Level of Activity Certification, in a timely manner; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: E. R. Carpenter, L.P.; DOCKET NUMBER: 2003-1438-AIR-E; IDENTIFIER: Air Account Number HG-0141-U; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), 40 CFR §60.18(c)(3)(ii), Air Permit Number 4757, and THSC, §382.085(b), by failing to meet the minimum net heating value of 200 British thermal units/cubic feet at standard conditions for the P5 flare; PENALTY: $1,580; ENFORCEMENT COORDINATOR: Kim Morales, (712) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Casita Enterprises, Inc.; DOCKET NUMBER: 2003-1305-AIR-E; IDENTIFIER: Title V Operating Permit Number O-01802, Regulated Entity Identification Number RN100215664; LOCATION: Rice, Navarro County, Texas; TYPE OF FACILITY: travel trailer and camper manufacturing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual Title V compliance certification no later than 30 days after the end of the certification period; PENALTY: $1,540; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.

(12) COMPANY: El Paso Field Services Management, Inc.; DOCKET NUMBER: 2003-1233- AIR-E; IDENTIFIER: Air Account Number DI-0016-B; LOCATION: Carrizo Springs, Dimmit County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.121, and THSC, §382.085(b) and §382.054, by continuing to operate without a federal operating permit; and 30 TAC §122.505(c), by failing to submit a general permit renewal application at least six months before permit expiration; PENALTY: $3,680; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(13) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 2003-1453- AIR-E; IDENTIFIER: Air Account Number SK0021C, Regulated Entity Identification Number RN102456597; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: tire manufacturing; RULE VIOLATED: 30 TAC §122.145(2)(B) and §122.146(2), and THSC, §382.085(b), by failing to submit Title V compliance certifications and deviation reports in a timely manner for the Kelly Springfield Tire Tyler Manufacturing Plant; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(14) COMPANY: Enhanced Business Corporation dba Food Store; DOCKET NUMBER: 2003- 1006-PST-E; IDENTIFIER: PST Facility Identification Number 35344; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,150; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: J & J Business, Inc.; DOCKET NUMBER: 2003-1043-PST-E; IDENTIFIER: PST Facility Identification Number 0020457, Regulated Entity Identification Number RN101466712; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with gasoline sales; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III), and the Code, §26.3475(a), by failing to test a line leak detector at least once per year for operational reliability; 30 TAC §334.50(b)(2)(A)(ii)(I), and the Code, §26.3475(c)(1), by failing to conduct piping tightness tests at least once per year for pressurized piping; 30 TAC §334.49(c)(2)(C) and (e)(2)(B)(I), by failing to check rectifier once every 60 days for impressed current systems; and 30 TAC §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding USTs within 30 days from the date of the occurrence of the change or addition, or within 30 days of the date on which the owner or operator first became aware of the change or addition; PENALTY: $5,775; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Maverick Tube, L.P.; DOCKET NUMBER: 2003-1402-AIR-E; IDENTIFIER: Air Account Number MQ-0028-B; LOCATION: Conroe, Montgomery County, Texas TYPE OF FACILITY: tube manufacturing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification within 30 days after the end of the July 16, 2001 - July 15, 2002 certification period; PENALTY: $2,120; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: WEB/VDJ, Inc.; DOCKET NUMBER: 2003-1422-MWD-E; IDENTIFIER: TPDES Permit Number 11350-001, Regulated Entity Identification Number RN101717015; LOCATION: Trinity, Trinity County, Texas; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11350-001, and the Code, §26.121(a), by failing to comply with the permitted limits at Outfall 001; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Todd Huddleson, (512) 239-1105; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(18) COMPANY: Memorial Hills Utility District; DOCKET NUMBER: 2003-1441-MWD-E; IDENTIFIER: TPDES Permit Number 11044-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11044-001, and the Code, §26.121(a), by failing to comply with effluent limitations; PENALTY: $1,520; ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Port Arthur Retails, Inc.; DOCKET NUMBER: 2003-0986-PST-E; IDENTIFIER: PST Station Identification Number 0016557, Regulated Entity Reference Number RN102890407; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to immediately make available records of all repairs/replacements conducted on any part of the Stage II equipment, records of daily and monthly inspections, and proof of attendance and completion of training for each employee; and 30 TAC §115.246(1), by failing to maintain a copy of the California Air Resource Board Executive Order G 70-153 at the station; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(20) COMPANY: Catangok Chung dba Quality Fuel 2; DOCKET NUMBER: 2003-1279-PST- E; IDENTIFIER: PST Facility Identification Number 001939; LOCATION: Socorro, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once per month, not to exceed 35 days between each monitoring; 30 TAC §334.50(b)(2) and THSC, §26.3475(a), by failing to conduct an annual tightness test and monitor pressurized piping for releases at a frequency of at least once per month, not to exceed 35 days between each monitoring; and 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2), by failing to install overfill prevention on the diesel UST; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Brad Brock, (512) 239-1165; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(21) COMPANY: Regal Food Service, Inc.; DOCKET NUMBER: 2003-0485-AIR-E; IDENTIFIER: Fleet Identification Number 10276, Regulated Entity Reference Number RN100678895; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: food service distribution; RULE VIOLATED: 30 TAC §114.155(a) and THSC, §382.085(b), by failing to submit a biennial fleet report in a timely manner; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Sea Lion Technology, Inc.; DOCKET NUMBER: 2003-1454-AIR-E; IDENTIFIER: Air Account Number GB-0067-K, Regulated Entity Reference Number RN100870179; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: specialty chemical manufacturing; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b), by failing to submit Form ECT-1, Annual Compliance Report, in a timely manner; PENALTY: $776; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: City Int'l., LTD. dba Snappy Mart 4; DOCKET NUMBER: 2003-0323-PST- E; IDENTIFIER: PST Facility Identification Number 0034055; LOCATION: Baytown, Chambers County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(4) and THSC, §382.085(b), by failing to maintain documentation of stage II vapor recovery (SII) training for each employee; 30 TAC §115.246(6), by failing to maintain a SII daily inspection log; and 30 TAC §115.245(1), by failing to successfully complete a SII full system test within 30 days after the installation of the SII system; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Southwestern Electric Power dba Pirkey Power Plant; DOCKET NUMBER: 2003-1220-PWS-E; IDENTIFIER: PWS Number 1020059; LOCATION: Hallsville, Harrison County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.111(b)(2)(A), by failing to meet turbidity levels for the months of April, May, August, and September, 2002; PENALTY: $488; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239- 4575; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(25) COMPANY: Bradley Glasscock dba Super C West; DOCKET NUMBER: 2003-1015-PST- E; IDENTIFIER: PST Facility Identification Number 25321; LOCATION: Henderson, Rusk County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,850; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(26) COMPANY: James O. Teague; DOCKET NUMBER: 2003-1445-MLM-E; IDENTIFIER: Regulated Entity Reference Number RN102997947; LOCATION: near Somerville, Bosque County, Texas; TYPE OF FACILITY: private residence; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with outdoor burning rules by burning unauthorized waste; and 30 TAC §330.5(a), by failing to properly dispose of municipal solid waste; PENALTY: $0; ENFORCEMENT COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(27) COMPANY: Texas Parks and Wildlife Department; DOCKET NUMBER: 2003-0185- MWD-E; IDENTIFIER: TPDES Permit Number 11234-001; LOCATION: Tuscola, Taylor County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11234-001, and the Code, §26.121(a), by failing to comply with its daily average total suspended solids (TSS) of 20 milligrams per liter (mg/L) and its TSS single grab sample limit of 65 mg/L for the months of September 2001 and November 2001 - January 2002; PENALTY: $1,552; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(28) COMPANY: Valero Refining Company - Texas, L.P.; DOCKET NUMBER: 2002-1217- IWD-E; IDENTIFIER: TPDES Permit Number 00449-000, Regulated Entity Reference Number RN100238385; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125, TPDES Permit Number 00449- 000, and the Code, §26.121(a), by failing to comply with permitted effluent limits for whole effluent toxicity, TSS, chemical oxygen demand, and oil and grease; PENALTY: $75,150; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200401689

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 3, 2004


Texas Ethics Commission

List of Late Filers

Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Miller at (512) 463-5800 or (800) 325-8506.

Deadline: Monthly MPAC Report Due August 5, 2003

Charles B. Wilkison, Combined Law Enforcement Assns. of Texas PAC, 400 West 14th #200, Austin, Texas 78701

Deadline: Monthly MPAC Report Due September 5, 2003

Charles B. Wilkison, Combined Law Enforcement Assns. of Texas PAC, 400 West 14th #200, Austin, Texas 78701

Deadline: Monthly MPAC Report Due October 6, 2003

Charles B. Wilkison, Combined Law Enforcement Assns. of Texas PAC, 400 West 14th #200, Austin, Texas 78701

Deadline: Monthly MPAC Report Due November 5, 2003

Ronald Martin, Houston Police Officers Union PAC, 1602 State Street, Houston, Texas 77007

Carvel McNeil, Jr., Houston Police Patrolmen's Union PAC, 1900 North Loop West #540, Houston, Texas 77018

Don L. King, Sensitive Care PAC, 500 N. Akard St. #3960, Dallas, Texas 75201-6604

Michael B. Pesses, Sheriff's Deputies of Bexar County Law Enforcement Organization PAC, 19 Rustic Bend, San Antonio, Texas 78230-1471

Leonard T. Dunnahoe, Uncommon Sense, 400 Valley Cove Drive, Richardson, Texas 75080-1843

Jennifer N. Stevens, Texas Assn. of Preferred Providers Organizations PAC, 816 Congress Avenue, Suite 1100, Austin, Texas 78701-2471

Lance T. Loeffler, Friends of Biotechnology PAC, 301 Congress Avenue, Suite 1850, Austin, Texas 78701

L. Rena Thompson, Women in Commerce, 9898 Bissonnet, Suite 284, Houston, Texas 77036

Deadline: Monthly MPAC Report Due December 5, 2003

Carvel McNeil Jr., Houston Police Patrolmen's Union PAC, 1900 North Loop West #540, Houston, Texas 77018

Jeffrey J. Benavidez, San Antonio Ironworkers PAC, 4318 Clark Avenue, San Antonio, Texas 78223

Charles B. Wilkison, Combined Law Enforcement Assns. of Texas PAC, 400 West 14th #200, Austin, Texas 78701

Don L. King, Sensitive Care PAC, 500 N. Akard Street #3960, Dallas, Texas 75201-6604

Leonard T. Dunnahoe, Uncommon Sense, 400 Valley Cove Drive, Richardson, Texas 75080-1843

Peter Hwang, Houston 80-20 PAC, 8300 Bender Road, Humble, Texas 77396

James E. Evans, Texans for Academic Excellence, 1504 San Antonio, Austin, Texas 78701

Deadline: Monthly MPAC Report Due January 5, 2004

Carvel McNeil Jr., Houston Police Patrolmen's Union PAC, 1900 N. Loop West #540, Houston, Texas 77018

Don L. King, Sensitive Care PAC, 500 N. Akard Street #3960, Dallas, Texas 75201-6604

L. Rena Thompson, Women in Commerce, 9898 Bissonet, Suite 284, Houston, Texas 77036

James E. Evans, Texans for Academic Excellence, 1504 San Antonio, Austin, Texas 78701

TRD-200401552

Karen Lundquist

Executive Director

Texas Ethics Commission

Filed: February 26, 2004


Texas Department of Health

Licensing Actions for Radioactive Materials

TRD-200401680

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 3, 2004


Notice of Amendment to the Radioactive Material License of Waste Control Specialists, LLC

Notice is hereby given by the Texas Department of Health (department), Bureau of Radiation Control that it has amended Radioactive Material License Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews County, Texas, one mile North of State Highway 176; 250 feet East of the Texas/New Mexico State Line; 30 miles West of Andrews, Texas.

The issuance of amendment number 24 authorizes the licensee to package 23,590 cubic feet of waste in containers that meet the requirements of strong, tight containers in Title 49 of the Code of Federal Regulations (49 CFR), instead of being packaged to meet the requirements for transport according to 49 CFR.

The department has determined that the amendment of the license, 25 Texas Administrative Code (TAC), Chapter 289, and the documentation submitted by the licensee provide reasonable assurance that the licensee's radioactive waste facility is sited, designed, operated, and will be decommissioned and closed in accordance with the requirements of 25 TAC, Chapter 289; the amendment of the license will not be inimical to the health and safety of the public or the environment; and the activity represented by the amendment of the license will not have a significant effect on the human environment.

This notice affords the opportunity for a public hearing upon written request within 30 days of the date of publication of this notice by a person affected as required by Texas Health and Safety Code, §401.116 and as set out in 25 TAC, §289.205(f). A "person affected" is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to a county, in which the radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Mr. Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by this action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Should no request for a public hearing be timely filed, the agency action will be final.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, Chapter 401, the Administrative Procedure Act (Chapter 2001, Texas Government Code), the formal hearing procedures of the department (25 TAC, §1.21 et seq.) and the procedures of the State Office of Administrative Hearings (1 TAC, Chapter 155).

A copy of the license amendment and supporting materials are available, by appointment, for public inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays). Information relative to inspection and copying the documents may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control.

TRD-200401703

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 3, 2004


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Stork Southwestern Laboratories, Inc.

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Stork Southwestern Laboratories, Inc. (licensee-L05269) of Houston. A total penalty of $5,000 is proposed to be assessed the licensee for alleged violations of 25 Texas Administrative Code, Chapter 289.

A copy of all relevant material is available, by appointment, for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200401702

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 3, 2004


Texas Department of Housing and Community Affairs

Announcement of the 2004 Public Hearing Schedule for Comment on the 2004 Housing Tax Credit Applications

Housing Tax Credit Program

The Texas Department of Housing and Community Affairs’ (the "Department") programs were created to provide decent, safe and sanitary housing opportunities for low and very low income Texans. The Housing Tax Credit (HTC) Program assists in building affordable housing through the issuance of federal tax credits used to fund new construction and rehabilitation of multifamily residential Developments. The tax credits allow the Developments to be leased to qualified families at or below market rents.

The following 13 public hearings are provided to gather public comment on the 2004 HTC Applications. The schedule of these meetings is provided below:

Waco, Region 8

Monday, April 12

10:00 a.m.

Heart of Texas Council of Governments

300 Franklin

Waco, TX  76701

(254) 756-7822

Austin, Region 7

Monday, April 12

3:00 p.m.

TDHCA Board Room

507 Sabine, 4th Floor

Austin, Texas 78701

(512) 475-3800 

Longview, Region 4

Tuesday, April 13

10:00 am

Longview Public Library

222 West Cotton Street

Longview, TX  75601

(903) 237-1350

Dallas, Region 3

Tuesday, April 13

7:00 p.m.

Dallas Public Library

West Room

1515 Young Street

Dallas, TX   75201

(214) 670-7846

Wichita Falls, Region 2

Wednesday, April 14

12:00 p.m

Nortex Regional Planning Commission

4309 Jacksboro Hwy. Ste. 200

Wichita Falls, TX  76302

(940) 322-5281

Lubbock, Region 1

Thursday, April 15

8:00 a.m.

Mahon Public Library

1306 9th Street

Lubbock, TX  79401

(806) 775-2824

San Antonio, Region 9

Monday, April 19

3:00 p.m.

City Council Chambers

114 W. Commerce

San Antonio, TX   78205

(210) 207-7197

Harlingen, Region 11

Tuesday, April 20

9:00 a.m.

Harlingen Public Library

410 76th Drive

Harlingen, TX   78556

(956) 427-8841

Corpus Christi, Region 10

Tuesday, April 20

7:00 p.m

Grant Middle School (Cafeteria)

4350 Aaron

Corpus Christi, TX  78413

(361) 886-9008

Lufkin, Region 5

Wednesday, April 21

9:00 a.m.

City Council Chambers

300 East Shepherd (Entrance on 3rd Street)

Lufkin, TX  75904

(936) 633-0244

Houston, Region 6

Wednesday, April 21

6:00 p.m.

City Hall Annex Chambers

900 Bagby

Public Level

Houston, TX  77002

(713) 247-2939

El Paso, Region 13

Thursday, April 22

10:00 a.m.

El Paso County Courthouse

500 E. San Antonio

El Paso, TX   79901

(915) 546-2009

San Angelo, Region 12

Friday, April 23

12:00 p.m.

City Council Chambers

72 West College Avenue

San Angelo, TX  76902

(325) 657-4241

A detailed log of all 2004 Applications are posted to the Department’s website at the following link: http://www.tdhca.state.tx.us

Written comments are also encouraged. Such comments should be addressed to:

Multi-Family Finance Division

Texas Department of Housing and Community Affairs

Post Office Box 13941

Austin, Texas 78711-3941

For additional information you may contact the 2004 Application liaison, Jennifer Joyce at 512.475.3995 or visit the program's web site at www.tdhca.state.tx.us.

Individuals who require auxiliary aids or services for these meetings 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.

TRD-200401700

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 3, 2004


Notice of Funding Availability

FY 2004 Texas Bootsrap Loan Program

The Texas Department of Housing and Community Affairs (TDHCA), through its Office of Colonia Initiatives (OCI), is pleased to announce that it will make available approximately Three Million Dollars ($3,000,000) utilizing State of Texas Housing Trust Fund to purchase or refinance real property on which to build new residential housing or improve existing residential housing through self-help construction for very low and extremely low income individuals and families (Owner-Builders); including persons with special needs.

TDHCA administers the Texas Bootstrap Loan Program (the Program) by working through certified Nonprofit Owner-Builder Housing Organizations.

In an effort to encourage the production of affordable housing for individuals and families of extremely low income, TDHCA is meeting its goal of directing the funds in accordance with Section § 2306.753(a) of the Texas Government Code. The maximum amount of funding per organization is $600,000. The maximum loan amount using TDHCA funds may not exceed $30,000 per household. The total amount of loans made with TDHCA and any other source combined may not exceed $60,000 per household. TDHCA, may, at its discretion, award funds above the maximum $600,000 award limit to eligible organizations that have in the past demonstrated successful implementation of this initiative. Projects utilizing additional non-TDHCA resources will be required to provide additional documentation identifying the sources of these additional funds and information about their rates and terms.

Eligibility requirements establish a priority for loans made to Owner-Builders, as set out in Section § 2306.753, Texas Government Code, with an annual income of less than $17,500.

To be eligible for a loan, an Owner-Builder:

(1) may not have an annual income that exceeds 60 percent, as determined by TDHCA, of the greater of the state or local Area Median Family Income (AMFI), when combined with the income of any person who resides with the Owner-Builder;

(2) must have resided in this state for the preceding six months;

(3) must have successfully completed an owner-builder education class; and

(4) must agree to:

(A) provide at least 60 percent of the labor necessary to build or rehabilitate the proposed housing by working through a certified Nonprofit Owner-Builder Housing Organizations; or

(B) provide an amount of labor equivalent to the amount required in connection with building or rehabilitating housing for others through a certified Nonprofit Owner-Builder Housing Organization;

(C) TDHCA may select Nonprofit Owner-Builder Housing Organizations to certify the eligibility of Owner-Builders to receive a loan. A certified Owner-Builder Nonprofit Housing Organization selected by TDHCA shall use the eligibility requirements established by TDHCA to certify the eligibility of an Owner-Builder for this program.

Eligible applicants include Colonia Self-Help Centers and State Certified Nonprofit Owner-Builder Housing Organizations in accordance with Section § 2306.755 of the Texas Government Code:

(1) qualify potential owner-builders for loans under this subchapter;

(2) provide owner-builder education classes;

(3) assist owner-builders in building housing; and

(4) administer loans made by the department under this subchapter.

In accordance with Section § 2306.753(d) of the Texas Government code, as amended, TDHCA shall set aside at least two-thirds of the available funds for Owner-Builders whose property is located in an Economically Distressed Area Program (EDAP) counties, as defined under Subchapter K, Chapter 17, Water Code

Bee

Brewster

Brooks

Cameron

Culberson

Dimmit

Duval

El Paso

Frio

Hidalgo

Hudspeth

Jeff Davis

Jim Wells

Kinney

La Salle

Liberty

Marion

Matagorda

Maverick

Newton

Presidio

Red River

Reeves

Sabine

San Patricio

Starr

Terrell

Tyler

Uvalde

Val Verde

Ward

Webb

Willacy

Winkler

Zapata

Zavala

The remainder of the funding will be available to TDHCA certified Nonprofit Owner-Builder Housing Organizations in the State of Texas. The amounts available for distribution are as follows

$1,000,000 State of Texas

$2,000,000 Economically Distressed Areas (EDA)

Applicants who have received a Texas Bootstrap Loan Program award in the past must have expended and/or have under construction 75% of its previous award to be considered under this NOFA as of May 7, 2004

General Information for NOFA:

Applications meeting threshold criteria will be evaluated and scored within categories, including but not limited to Operational Capacity and Experience, Financial Design, Quality of Program Design, Leveraging of Public and Private Resources, and Underserved Areas and Population. Applications will then be selected based on program scoring criteria underwriting criteria, and geographic dispersion. In accordance with Section § 2306.757 of the Texas Government Code, TDHCA shall give priority to loans to owner-builders who will reside in counties or municipalities that agree in writing to waive capital recovery fees, building permit fees, inspection fees or other fees related to the building of the housing to be built with the loan proceeds. TDHCA desires to select a diverse group of certified owner-builder nonprofit housing organizations that will serve various populations throughout the state.

Applicants for this program are encouraged to download the FY 2004 Texas Bootstrap Loan Program application package from TDHCA’s web-site located at http://www.tdhca.state.tx.us/htf.htm. Applicants may also request a hard copy version of the application package. Application packages will be transmitted via first class U.S. Postal Service unless applicants request transmittal via overnight courier and provide the name and account number of their desired courier.

TDHCA's Board of Directors reserves the right to change the award amount, and to award less than the requested amount.

Applications must be submitted on or before 5:00 p.m., Friday May 7, 2004.

FAXED APPLICATIONS WILL NOT BE ACCEPTED.

All interested parties are encouraged to participate in this program. Applications will be available on March 12, 2004. Technical Assistance for this application will be provided during March 12- May 7, 2004. For additional information, time and date of workshops, or to request an application package, please call Phyllis A. Calderon with the Office of Colonia Initiatives at (800) 462-4251, check TDHCA’s web-site at www.tdhca.state.tx.us or e-mail your request to pbuenros@tdhca.state.tx.us. Please direct your applications to:

Texas Department of Housing and Community Affairs

ATTN: Office of Colonia Initiatives

Post Office Box 13941

Austin, Texas 78711-3941

Or by courier to:

507 Sabine, Suite 400

Austin, Texas 78701

TRD-200401695

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 3, 2004


Notice of Public Hearing

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at 507 Sabine Street, Room 436, Austin, Texas, at 12:00 noon on March 26, 2004, with respect to an issue of taxable junior lien single family mortgage revenue bonds (the "Bonds") to be issued in an aggregate face amount of not more than $7,500,000.

The proceeds of the Bonds will be used to finance an estimated $7,500,000 of down payment and closing cost assistance made to eligible very low, low and moderate income first-time home buyers for the purchase of homes located within the State of Texas and to fund reserves and to pay costs of issuance of the Bonds. Borrowers eligible to receive down payment and closing cost assistance include individuals and families whose family income does not exceed, (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income, and (ii) for individuals and families of two persons, 100% (120% in certain targeted areas) of the area median income. In addition, all of the borrowers will be required to be persons who have not owned a principal residence during the preceding three years. Further, the residences purchased by borrowers who receive down payment and closing cost assistance will be subject to certain other limitations, including limits on the purchase prices of the residences being acquired. The income, purchase price and other limitations described in this paragraph are subject to revision and adjustment from time to time by the Department pursuant to Department policy.

All interested parties are invited to attend such public hearing to express their views with respect to the Department's mortgage loan finance program and the issuance of the Bonds. Questions or requests for additional information may be directed to Matt Pogor at the Texas Department of Housing and Community Affairs, 507 Sabine Street, 9th Floor, Austin, Texas 78701; (512) 475-3987.

Persons who intend to appear at the hearing and express their views are invited to contact Matt Pogor in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Matt Pogor prior to the date scheduled for the hearing.

TDHCA WEBSITE: www.tdhca.state.tx.us/hf.htm

Individuals who require auxiliary aids for the hearing 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 hearing so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for this hearing should contact Matt Pogor at (512) 475-3987 at least three days before the hearing so that appropriate arrangements can be made.

This notice is published and the above-described hearing is to be held in satisfaction of the requirements of State law.

TRD-200401679

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 3, 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, e-mailed 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-200401673

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: March 2, 2004


Texas Department of Insurance

Company Licensing

Application to change the name of GE CASUALTY INSURANCE COMPANY to AIG PREMIER INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Fort Washington, Pennsylvania.

Application to change the name of GE INDEMNITY INSURANCE COMPANY to AIG INDEMNITY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Fort Washington, Pennsylvania.

Application to change the name of GE PROPERTY & CASUALTY INSURANCE COMPANY to AIG CENTENNIAL INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Fort Washington, Pennsylvania.

Application to change the name of GE AUTO & HOME ASSURANCE COMPANY to AIG PREFERRED INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Fort Washington, Pennsylvania.

Application for admission to the State of Texas by DIVERSIFIED TITLE INSURANCE COMPANY, a foreign title company. The home office is in Anaheim, California.

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

TRD-200401691

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 3, 2004


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The Charter Oak Fire Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages +26 to +48 by coverage and territory. The overall rate change is +11.0%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by March 29, 2004.

TRD-200401602

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 27, 2004


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The Travelers Indemnity Company of Connecticut proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages +73 for Liability and +47 for Physical Damage, by territory. The overall rate change is +10.9%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by March 29, 2004.

TRD-200401603

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 27, 2004


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The Travelers Indemnity Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages +79 for Liability and +74 for Physical Damage, by territory. The overall rate change is +10.6%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by March 29, 2004.

TRD-200401604

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 27, 2004


Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of BLOCK VISION, INC., a foreign third party administrator. The home office is NEWARK, NEW JERSEY.

Application for admission to Texas of PATHMARK ADMINISTRATORS, INC., a foreign third party administrator. The home office is LINCOLN, NEBRASKA.

Application for incorporation in Texas of CONEXIS BENEFITS ADMINISTRATORS, L.P., a domestic third party administrator. The home office is DALLAS, TEXAS.

Application for incorporation in Texas of HEALTH AND LIFE ADMINISTRATORS INC., a domestic third party administrator. The home office is ROBERT LEE, TEXAS.

Application for incorporation in Texas of ASSOCIATION MEMBER BENEFITS ADVISORS, LTD., a domestic third party administrator. The home office is AUSTIN, TEXAS.

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

TRD-200401524

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 26, 2004


Texas Lottery Commission

Instant Game Number 431 "Wild Bill"

1.0 Name and Style of Game.

A. The name of Instant Game No. 431 is WILD BILL". The play style is "key number match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 431 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 431.

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

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

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $2.00, $4.00, $5.00, $10.00, $20.00, $60.00, $200, $600, $6,000, $20,000, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, and WILD SYMBOL.

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

Figure 1: GAME NO. 431 - 1.2D

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

Figure 2: GAME NO. 431 - 1.2E

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

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

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

H. Mid-Tier Prize - A prize of $60.00, $200 or $600.

I. High-Tier Prize- A prize of $6,000 or $20,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (431), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 431-0000001-000.

L. Pack - A pack of "WILD BILL" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). Ticket 000 and 001 will be shown on the front of the pack; the backs of ticket 248 and 249 will show. Every other book will be opposite. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WILD BILL" Instant Game No. 431 ticket.

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

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets within a book will not have identical patterns.

B. Tickets can win up to 10 (ten) times.

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

D. There will be no duplicate Lucky Numbers on a ticket.

E. Your Number will never equal the corresponding Prize symbol.

F. The doubler symbol (WILD SYMBOL) will never appear more than once on a ticket.

G. The doubler symbol (WILD SYMBOL) will only appear on winning tickets.

H. The doubler symbol (WILD SYMBOL) will never appear as either of the Lucky Numbers.

I. No duplicate non-winning Your Number play symbols on a ticket.

J. No prize symbol will appear more than two (2) times on a non-winning ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "WILD BILL" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $60.00, $200.00 or $600, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $60.00, $200.00 or $600 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "WILD BILL" Instant Game prize of $6,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 7,920,000 tickets in the Instant Game No. 431. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 431 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 431 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 431, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200401692

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 3, 2004


Instant Game Number 432 "Blazin' Eights"

1.0 Name and Style of Game.

A. The name of Instant Game No. 432 is BLAZIN’ EIGHTS". The play style in Game 1 is "row, column, diagonal". The play style in Game 2 is "match up". The play style in Game 3 is "key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 432 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 432.

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

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

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $5.00, $8.00, $16.00, $24.00, $40.00, $80.00, $400, $800, $8,000, $88,000, 1, 2, 3, 4, 5, 6, 7, 8, 9, CACTUS SYMBOL, IRON BRAND SYMBOL, SUN SYMBOL, MAP SYMBOL, CASH SYMBOL, MONEY BAG SYMBOL, COIN SYMBOL, WAGON SYMBOL, SPURS SYMBOL, LASSO SYMBOL, COWBOY HAT SYMBOL, (CROOKED EIGHT) SYMBOL.

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

Figure 1: GAME NO. 432 - 1.2D

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

Figure 2: GAME NO. 432 - 1.2E

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

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

G. Low-Tier Prize - A prize of $5.00, $8.00, $16.00, or $24.00.

H. Mid-Tier Prize - A prize of $40.00, $80.00, or $400.

I. High-Tier Prize- A prize of $800, $8,000 or $88,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (432), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 432-0000001-000.

L. Pack - A pack of "BLAZIN’ EIGHTS" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). Ticket 000 will be shown on the front of the pack; the back of ticket 074 will be revealed on the back of the pack. Every other book will be reverse (i.e.) the back of ticket 000 will be shown on the front of the pack and the front of ticket 074 will be shown on the back of the pack.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BLAZIN’ EIGHTS" Instant Game No. 432 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "BLAZIN’ EIGHTS" Instant Game is determined once the latex on the ticket is scratched off to expose 38 (thirty-eight) Play Symbols. In Game 1, if the player gets three EIGHT SYMBOLS in any one row, column or diagonal, the player will win the prize shown. In Game 2, if the player matches three (3) identical prize amounts, the player will win that prize. In Game 3, if the player matches any of the YOUR SYMBOLS to the WINNING SYMBOLS, the player will win the prize shown below that symbol. If the player gets an EIGHT SYMBOL, in any of the YOUR SYMBOLS, the player will win the prize shown below that symbol instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 38 (thirty-eight) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 38 (thirty-eight) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 38 (thirty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 38 (thirty-eight) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets within a book will not have identical patterns.

B. Game 1: Players can win only once in this play area.

C. Game 1: No ticket will contain three (3) or more of a kind other than the "8" (EIGHT SYMBOL).

D. Game 1: Every ticket will contain at least four (4) "8" (EIGHT SYMBOLS). The overall usage for the remaining play symbols will be approximately even.

E. Game 1: The "8" (EIGHT SYMBOL) is the only symbol that can be used to make a winning line.

F. Game 1: On non-winning tickets, there will be at least one row, column or diagonal with a pair of "8"’s (EIGHT SYMBOL).

G. Game 1: Winning tickets will contain only one (1) winning combination.

H. Game 1: Tickets will not contain four (4) "8" (EIGHT SYMBOLs) in all four (4) corners.

I. Game 2: Players can win only once in this play area.

J. Game 2: There will never be more than one (1) set of three (3) like prize amounts on a single ticket.

K. Game 2: There will never be more than three (3) like prize amounts on a single ticket.

L. Game 3: Players can win up to ten (10) times in this play area.

M. Game 3: No duplicate non-winning prize symbols on a ticket.

N. Game 3: No more than two (2) like non-winning YOUR SYMBOLS on a ticket.

O. Game 3: Non-winning prize symbols will not match a winning prize symbol on a ticket.

P. Game 3: The "8" (EIGHT SYMBOL) will never appear more than once on a ticket.

Q. Game 3: The "8" (EIGHT SYMBOL) will only appear on winning tickets.

R. Game 3: The "8" (EIGHT SYMBOL) will never appear as one of the WINNING SYMBOLS.

2.3 Procedure for Claiming Prizes.

A. To claim a "BLAZIN’ EIGHTS" Instant Game prize of $5.00, $8.00, $16.00, $24.00, $40.00, $80.00 or $400, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00, $80.00 or $400 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "BLAZIN’ EIGHTS" Instant Game prize of $800, $8,000 or $88,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 432. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 432 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 432 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 432, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200401693

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 3, 2004


Instant Game Number 438 "Find the 9's"

1.0. Name and Style of Game.

A. The name of Instant Game Number 438 is "FIND THE 9'S". The play style is "match up".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 438 shall be $1.00 per ticket.

1.2. Definitions in Instant Game Number 438.

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

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

C. Play Symbol--The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $1.00, $2.00, $3.00, $5.00, $30.00, $50.00, $300, 9 SYMBOL.

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

Figure 1: GAME NO. 438 - 1.2D

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

Figure 2: GAME NO. 438 - 1.2E

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

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

G. Low-Tier Prize--A prize of $1.00, $2.00, $3.00, $5.00, $9.00, or $19.00.

H. Mid-Tier Prize--A prize of $30.00, $50.00, $90.00 or $300.

I. High-Tier Prize--A prize of $999.

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

K. Pack-Ticket Number--A 13 digit number consisting of the three digit game number (438), a seven digit pack number, and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 438-0000001-000.

L. Pack--A pack of "FIND THE 9'S" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five. Ticket 000 to 004 will be on the top page; tickets 005 to 009 will be on the next page etc.; and ticket 245 to 249 will be on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "FIND THE 9'S" Instant Game Number 438 ticket.

2.0. Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule, §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "FIND THE 9'S" Instant Game is determined once the latex on the ticket is scratched off to expose six Play Symbols. If the player gets three identical prize amounts, the player will win that amount. If the player finds any "9" Play Symbols in the play area, the player will win the corresponding prize in the prize legend. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1. Instant Ticket Validation Requirements.

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

1. Exactly six Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2. Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical patterns.

B. No ticket will contain two sets of three matching prize amounts.

C. No prize amount will appear more than three times on a ticket.

D. No ticket will contain one or more "9" symbols and three identical prize symbols.

E. The "9" symbol will never appear on non winning tickets.

F. Tickets can win only once.

G. The "9" symbol will appear as per the prize structure.

2.3. Procedure for Claiming Prizes.

A. To claim a "FIND THE 9'S" Instant Game prize of $1.00, $2.00, $3.00, $5.00, $9.00, $19.00, $30.00, $50.00, $90.00 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not in some cases, required to pay a $30.00, $50.00, $90.00, or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "FIND THE 9'S" Instant Game prize of $900, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "FIND THE 9'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5. Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "FIND THE 9'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

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

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

3.0. Instant Ticket Ownership.

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

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

4.0. Number and Value of Instant Prizes. There will be approximately 19,920,000 tickets in the Instant Game Number 438. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 438 - 4.0

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

5.0. End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game Number 438 without advance notice, at which point no further tickets in that game may be sold.

6.0. Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game Number 438, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director.

TRD-200401606

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 27, 2004


Instant Game Number 446 "Weekly Grand"

1.0 Name and Style of Game.

A. The name of Instant Game No. 446 is "WEEKLY GRAND". The play style for Game 1 is "yours beats theirs". The play style of Game 2 is "match 3 of 6". The play style of Game 3 is "match 2 of 3".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 446 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 446.

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

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

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, MONEY BAG SYMBOL, GOLD BAR SYMBOL, POT OF GOLD SYMBOL, TOP HAT SYMBOL, CLOVER SYMBOL, DIAMOND SYMBOL, and GRAND SYMBOL.

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

Figure 1: GAME NO. 446 - 1.2D

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

Figure 2: GAME NO. 446 - 1.2E

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

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

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

H. Mid-Tier Prize - A prize of $40.00 or $300.

I. High-Tier Prize- A prize of $1,000 or $715,000 ($1,000 per week for $20 years).

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (446), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 446-0000001-000.

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

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WEEKLY GRAND" Instant Game No. 446 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "WEEKLY GRAND" Instant Game is determined once the latex on the ticket is scratched off to expose 15 (fifteen) play symbols. In Game 1, if the player’s YOUR NUMBER beats THEIR NUMBER, in any one row across, the player will win the prize for that row. If the player wins GRAND, the player will win $1,000 per week for 20 years. In Game 2, if the player matches 3 identical amounts, the player will win that amount. If the player gets 3 GRAND symbols, the player will win $1,000 per week for 20 years. In Game 3, if the player matches 2 out of 3 symbols, the player will win $20 instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 15 (fifteen) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 15 (fifteen) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 15 (fifteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 15 (fifteen) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No three or more like non-winning prize symbols on a ticket.

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

D. The GRAND symbol may only be used in Games 1 and 2.

E. Game 1: No ties between Yours and Theirs in a row.

F. Game 1: No duplicate games on a ticket.

G. Game 1: No duplicate non-winning prize symbols on a ticket.

H. Game 2: No 4 or more of a kind.

2.3 Procedure for Claiming Prizes.

A. To claim a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. When claiming a "WEEKLY GRAND" Instant Game prize of $1,000 per week for 20 years, the claimant must choose one of four (4) payment options for receiving his prize:

1. Weekly via wire transfer to the claimant/winner’s account. This will be similar to the current "WEEKLY GRAND" (Game 173) payment process. With this plan, a payment of $1,000.00 less Federal withholding will be made once a week for twenty years. After the initial payment, installment payments will be made every Wednesday.

2. Monthly via wire transfer to the claimant/winner’s account. If the claim is made during the month, the claimant/winner will still receive the entire month’s payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $4,337.00 less Federal withholding will be made the month of the claim. Each additional month, a payment of $4,333.00 less Federal withholding will be made once a month for 20 years. After the initial payment, installment payments will be made on the first business day of each month.

3. Quarterly via wire transfer to the claimant/winner’s account. If the claim is made during the quarter, the claimant/winner will still receive the entire quarter’s payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $13,000.00 less Federal withholding will be made each quarter (four times a year) for 20 years. After the initial payment, installment payments will be made on the first business day of the first month of every quarter (January, April, July, October).

4. Annually via wire transfer to the claimant/winner’s account. These payments will be made in a manner similar to how jackpot payments are currently handled. With this plan, a payment of $52,000.00 less Federal withholding will be made once a year during the anniversary month of the claim for 20 years. After the initial payment, installment payments will be made on the first business day of the anniversary month.

C. As an alternative method of claiming a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 25,200,000 tickets in the Instant Game No. 446. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 446 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 446 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 446, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200401694

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 3, 2004


Public Utility Commission of Texas

Notice of Application for Amendment to Certificated Service Area Boundary

Notice is given to the public of an application filed on February 23, 2004, with the Public Utility Commission of Texas, for an amendment to a certificated service area boundary.

Docket Style and Number: Application of Southwestern Bell Telephone, L.P. d/b/a SBC Texas for Amendment to a Certificate of Convenience and Necessity for Lockhart and Buda Exchanges. Docket Number 29372.

The Application: Southwestern Bell Telephone, L.P. d/b/a SBC Texas (SBC Texas) seeks to amend the certificated service area boundary of its Lockhart exchange and Verizon Southwest d/b/a GTE Southwest Incorporated's (Verizon's) Buda exchange. The proposed service area boundary amendment is located in the Austin LATA. There are no customers currently located in the affected area. Verizon has filed a letter of concurrence with the application. SBC Texas stated that the proposed realignment will allow for a more efficient facilities design for both SBC and Verizon.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by March 22, 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 29372.

TRD-200401628

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


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

On February 23, 2004, GTC Telecom 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 60396. Applicant intends to change the type of provider.

The Application: Application of GTC Telecom for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29369.

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 17, 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 29369.

TRD-200401625

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


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

On February 23, 2004, TopMost Connects, 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 60540. Applicant intends to change the type of provider.

The Application: Application of TopMost Connects, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29375.

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 17, 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 29375.

TRD-200401626

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


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

On February 26, 2004, Allegiance Telecom of Texas, 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 60143. Applicant intends to reflect a change in ownership as the result of a bankruptcy proceeding.

The Application: Application of Allegiance Telecom of Texas, Incorporated for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29393.

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 17, 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 29393.

TRD-200401669

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 1, 2004


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

On February 25, 2004, Get A Phone 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 60530. Applicant intends to reflect a change in ownership/control and a change in service area.

The Application: Application of Get A Phone for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29392.

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 17, 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 29392.

TRD-200401670

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 1, 2004


Notice of Application for Certificate of Convenience and Necessity Transfer

Notice is given to the public of the filing with the Public Utility Commission of Texas an application for to transfer a certificate of convenience and necessity on March 2, 2004.

Docket Style and Number: Application of NewCorp Resources Electric Cooperative, Incorporated to Transfer Certificate of Convenience and Necessity from NewCorp Resources, Incorporated, Docket Number 29370.

The Application: The application is the result of an initial request by NewCorp Resources Electric Cooperative, Incorporated to correct the Commission's records to accurately reflect NewCorp Resources Electric Cooperative, Incorporated as holder of Certificate of Convenience and Necessity Number 30191. Certificate of Convenience and Necessity Number 30191 was issued to NewCorp Resources, Incorporated as the result of the Commission's decision in Docket Number 15120. Subsequently, NewCorp Resources Electric Cooperative, Incorporated was created and all of the stock in NewCorp Resources, Incorporated was transferred to NewCorp Resources Electric Cooperative, Incorporated. NewCorp Resources, Incorporated was then dissolved and the assets of NewCorp Resources, Incorporated became the assets of NewCorp Resources Electric Cooperative, Incorporated.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 29370.

TRD-200401678

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 2, 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 20, 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 BizTel, L.P. for a Service Provider Certificate of Operating Authority, Docket Number 29367 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 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 17, 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 29367.

TRD-200401623

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 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 23, 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 Esodus Communications, Inc., d/b/a INSTATONE for a Service Provider Certificate of Operating Authority, Docket Number 29368 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, 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 17, 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 29368.

TRD-200401624

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 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 25, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of Gordon Communications, Incorporated for a Service Provider Certificate of Operating Authority, Docket Number 29390 before the Public Utility Commission of Texas.

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

Applicant's requested SPCOA geographic area includes the area of Texas currently served by all incumbent local exchange companies.

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 17, 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 29390.

TRD-200401671

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 1, 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 26, 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 29394.

The Application: The application encompasses an area of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power and Light, and is within the corporate limits of the City of Brownsville (City). BPUB received a letter request to provide electric utility service to a 51.2 acre parcel that the United States Corp of Engineers is in the process of developing. There are no electric distribution facilities within the proposed area. The estimated cost to BPUB to provide service to this proposed area is $13,251.12. 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 22, 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 29394.

TRD-200401668

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 1, 2004


Notice of Petition for Exemption from Integrated Service Digital Network Notice and Reporting Requirements

Notice is given to the public that a petition was filed with the Public Utility Commission of Texas (commission) on February 26, 2004, by Wes-Tex Telephone Cooperative, Incorporated (Wes-Tex or the Company) requesting exemption from the documentation, customer notice, and reporting requirements required by the order granting its waiver of the requirements to provide integrated service digital network (ISDN) service in its territory.

Docket number and title: Docket Number 29396, Petition of Wes-Tex Telephone Cooperative, Incorporated for Exemption from Integrated Services Digital Network Reporting and Customer Notification Requirements.

Summary of petition: Wes-Tex was granted an exemption of the requirements to provide ISDN service in Docket Number 16834, Petition of Wes-Tex Telephone Cooperative, Incorporated for Exemption from the Integrated Services Digital Network (ISDN) Requirements of P.U.C. Subst. R. 23.69(d)(3) and (d)(5) , on May 2, 1997. The commission granted Wes-Tex an ongoing exemption from the requirements of former substantive rule §23.69(d)(3) and (d)(5) (currently found in §26.142(c)(3)); however, in granting the exemption, the commission required Wes-Tex to provide annual notice to its customers describing ISDN service and the exemption granted, to solicit inquiries regarding ISDN service, and to describe its documentation and reporting procedures. In addition, the Company is required to document and provide the commission with an annual report detailing customer inquiries regarding ISDN service. The Company stated that it incurs substantial costs to provide annual customer notice and reports. In addition, the Company stated that since 2002 it has had no customer inquiries regarding ISDN service; therefore exemption from the notice and reporting requirements would alleviate regulatory costs no longer appropriate given the absence of customer demand or interest in ISDN.

Comments: Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll- free 1-800-735-2989. All comments should reference Docket Number 29396.

TRD-200401687

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 3, 2004


Public Notice of Amendment to Interconnection Agreement

On February 24, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Grande River Telecom, LP, 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 29383. 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 29383. 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 26, 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 29383.

TRD-200401618

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


Public Notice of Amendment to Interconnection Agreement

On February 24, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and ValuTel 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 29384. 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 29384. 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 26, 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 29384.

TRD-200401619

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


Public Notice of Amendment to Interconnection Agreement

On February 24, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Telson 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 29385. 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 29385. 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 26, 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 29385.

TRD-200401620

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


Public Notice of Amendment to Interconnection Agreement

On February 24, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Spruce Communications, LP, 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 29386. 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 29386. 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 26, 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 29386.

TRD-200401621

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


Public Notice of Amendment to Interconnection Agreement

On February 24, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and DVC Telecom, 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 29387. 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 29387. 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 26, 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 29387.

TRD-200401622

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


Public Notice of Amendment to Interconnection Agreement

On February 26, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Cypress Communications Operating Company, 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 29395. 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 29395. 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 29, 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 29395.

TRD-200401631

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


Public Notice of Amendment to Interconnection Agreement

On February 26, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Allegiance Telecom of Texas, 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 29397. 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 29397. 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 29, 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 29397.

TRD-200401632

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


Public Notice of Interconnection Agreement

On February 25, 2004, Fort Bend Telephone Company d/b/a TXU Communications and Capital Telecommunications, 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 29389. 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 29389. 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 26, 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 29389.

TRD-200401627

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


Public Notice of Interconnection Agreement

On February 26, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Think 12 Corporation d/b/a Hello Depot, 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 29398. 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 29398. 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 29, 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 29398.

TRD-200401630

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


Revised Notice of Application for Certificate of Convenience and Necessity in Jefferson County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on January 30, 2004, for a certificate of convenience and necessity in Jefferson County, Texas.

Docket Style and Number: Application of Entergy Gulf States, Inc. (EGSI) for a Certificate of Convenience and Necessity (CCN) for a Transmission Line in Jefferson County, Texas. Docket Number 29079.

The Application: The proposed project is designated the ExxonMobile Cogen IPP Project--L-457 loop into Carroll Street Park Switching Station. EGSI stated the project is approximately 1.57 miles long, and is entirely on property owned by the ExxonMobil Corporation. The stated purpose of the proposed project is to provide interconnection of two 138-kV transmission lines into EGSI's Carroll Street Park Switching Station. The estimated cost for the project is $1,700,000 for transmission facilities and $2,824,000 for substation facilities.

This application includes facilities subject to the Coastal Management Program and must be consistent with the Coastal Management Program goals and policies.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 29079.

TRD-200401629

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2004


Texas Racing Commission

Notice of Pending Racetrack Application

The Texas Racing Commission is accepting written comment from the public on a pending application for a Class 2 racetrack license for Webb County (Laredo). Two applications were received. The first applicant is the LRP Group, Ltd., a partnership, whose general partner is LRP GP, L.L.C. The other applicant is Laredo Race Park, L.L.C., which is 100% owned by Laredo GP, L.L.C, a wholly owned subsidiary of MAXXAM Inc. The proposed location for the LRP Group, Ltd. racetrack is just off US 59, east of downtown Laredo, less than one mile from LIFE Downs/Fair. The proposed location for the Laredo Race Park, L.L.C. racetrack is on Mines Road, 11 miles from Loop 20 near the World Trade Bridge and 5 miles from the Camino Columbia Toll Road and Bridge.

The LRP Group, Ltd. proposes to use Retama Entertainment Group, Inc. to manage the facility. The applicant proposes to conduct approximately 27 live race days per year, and offer between 12 and 30 simulcast signals per day, 364 days per year. Laredo Race Park, L.L.C. proposes to use Sam Houston Race Park, Ltd. to manage the facility. The applicant proposes to conduct between 20 and 30 live race days per year, and offer extensive simulcasting.

The applications are available for review at the Texas Racing Commission headquarters, 8505 Cross Park Drive, Suite 110, Austin, Texas, Monday - Friday 8:00 a.m. - 5:00 p.m.. To schedule a review of the applications or for more information, please contact Gloria Giberson, Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711-2080, (512) 833-6699, fax (512) 833-6907. Written comment must be received by the Commission at its headquarters not later than March 31, 2004.

TRD-200401605

Nicole Galwardi

General Counsel

Texas Racing Commission

Filed: February 27, 2004


Texas Department of Transportation

Request for Proposal for Aviation Professional Services - Gainesville Municipal Airport

The City of Gainesville through its agent, the Texas Department of Transportation (TxDOT), intends to engage an aviation professional services firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division, will solicit and receive proposals for professional services as described in this notice.

Airport Sponsor: City of Gainesville, Gainesville Municipal Airport, TxDOT CSJ No. 0403GAINS, Scope: Prepare an Airport Master Plan, which includes, but is not limited to information regarding existing and future conditions, proposed facility development to meet existing and future demand, constraints to develop, anticipated capital needs, financial considerations, management structure and options, as well as an updated Airport Layout Plan. The Airport Development Plan should be tailored to the individual needs of the airport.

The HUB goal is set at 0%. TxDOT Project Manager is Sandra Gaither.

Interested firms shall utilize the Form AVN-551, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address:

http://www.dot.state.tx.us/avn/avn551.doc

The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

(Attention: To ensure utilization of the latest version of Form 551, firms are encouraged to download Form 551 from the TxDOT website listed earlier in this notice. Utilization of Form 551 from a previous download may not be the exact same format. Form 551 is an MS Word Template).

Ten unfolded copies of Form AVN-551 must be postmarked by U. S. Mail by midnight April 5, 2004 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on April 6, 2004; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Please mark the envelope of the forms to the attention of Sheri Quinlan. Hand delivery must be received by 4:00 p.m. on April 6, 2004 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted.

The consultant selection committee will be composed of local government members. The final selection by the sponsor’s committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating planning proposals can be found at:

www.dot.state.tx.us/business/avnconsultinfo.htm

All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews.

If there are any procedural questions, please contact Sheri Quinlan, Grant Manager, or Sandra Gaither, Project Manager, for technical questions at 1-800-68-PILOT (74568).

TRD-200401685

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: March 3, 2004


Request for Proposal for Aviation Professional Services--Lancaster Municipal Airport

The City of Lancaster through its agent, the Texas Department of Transportation (TxDOT), intends to engage an aviation professional services firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division, will solicit and receive proposals for professional services as described in this notice.

Airport Sponsor: City of Lancaster, Lancaster Municipal Airport, TxDOT CSJ No. 0418LNCAS, Scope: Prepare an Airport Master Plan, which includes, but is not limited to information regarding existing and future conditions, proposed facility development to meet existing and future demand, constraints to develop, anticipated capital needs, financial considerations, management structure and options, as well as an updated Airport Layout Plan. The Airport Development Plan should be tailored to the individual needs of the airport.

The HUB goal is set at 0%. TxDOT Project Manager is Bruce Ehly.

Interested firms shall utilize the Form AVN-551, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address:

http://www.dot.state.tx.us/avn/avn551.doc

The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

(Attention: To ensure utilization of the latest version of Form 551, firms are encouraged to download Form 551 from the TxDOT website listed earlier in this notice. Utilization of Form 551 from a previous download may not be the exact same format. Form 551 is an MS Word Template).

Eight unfolded copies of Form AVN-551 must be postmarked by U. S. Mail by midnight April 5, 2004 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on April 6, 2004; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Please mark the envelope of the forms to the attention of Sheri Quinlan. Hand delivery must be received by 4:00 p.m. on April 6, 2004 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted.

The consultant selection committee will be composed of local government members. The final selection by the sponsor’s committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating planning proposals can be found at:

www.dot.state.tx.us/business/avnconsultinfo.htm.

All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews.

If there are any procedural questions, please contact Sheri Quinlan, Grant Manager, or Bruce Ehly, Project Manager, for technical questions at 1-800-68-PILOT (74568).

TRD-200401684

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: March 3, 2004


Request for Proposal for Aviation Professional Services - Navasota Municipal Airport

The City of Navasota through its agent, the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division, will solicit and receive proposals for professional aviation engineering design services described in this notice:

Airport Sponsor: City of Navasota, Navasota Municipal Airport, TxDOT CSJ No. 0417NSOTA, Scope: Provide engineering/design services to for a hangar access taxiway

The DBE/HUB goal is set at 10%. TxDOT Project Manager is Harry Lorton, P.E.

To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing, and project narrative are available online by selecting "Navasota Municipal Airport" at:

www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm

Interested firms shall utilize the Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address:

http://www.dot.state.tx.us/avn/avn550.doc

The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

(Attention: To ensure utilization of the latest version of Form 550, firms are encouraged to download Form 550 from the TxDOT website as listed earlier. Utilization of Form 550 from a previous download may not be the exact same format. Form 550 is an MS Word Template).

Six completed, unfolded copies of Form AVN-550 must be postmarked by U. S. Mail by midnight April 5, 2004 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on April 6, 2004; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. April 6, 2004 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Sheri Quinlan.

The consultant selection committee will be composed of local government members.

The final selection by the sponsor’s committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at:

www.dot.state.tx.us/business/avnconsultinfo.htm.

All firms will be notified and the top rated firm will be contacted to begin fee negotiations.

The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews.

If there are any procedural questions, please contact Sheri Quinlan, Grant Manager, or Harry Lorton, P.E., Project Manager, for technical questions at 1-800-68-PILOT (74568).

TRD-200401686

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: March 3, 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-200401682

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: March 3, 2004


Workforce Resource

Request for Proposal

Workforce Resource is seeking proposals for the operation and management of its Workforce Centers, incorporating at a minimum: the Workforce Investment Act (WIA), Temporary Assistance for Needy Families (TANF)/Choices, Food Stamp Employment and Training (FSE&T), Veterans' and Employer Services, and Reintegration of Offenders (RIO) programs. The contracting period will begin no earlier than September 1, 2004. The Workforce Resource workforce development area includes the following 11 counties in North Texas: Archer, Baylor, Clay, Cottle, Foard, Hardeman, Jack, Montague, Wichita, Wilbarger, and Young.

To obtain Request for Proposal packets or to obtain more information contact John Chandler, Administrative Technician, at 940.767.1432; fax: 940.322.2683 or email: John.Chandler@twc.state.tx.us. Deadline to submit a proposal is 4:00 p.m. Friday, April 30, 2004. We will hold a Bidders' Conference at 10 a.m. on Wednesday, March 31, 2004, in the Workforce Resource conference room at 901 Indiana Ave. Ste. 180, Wichita Falls, TX 76301. We will not accept questions over the phone. We will accept written questions until noon on Wednesday, March 31, 2004. We will answer all questions during the Bidders' Conference. Workforce Resource is an Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request to individuals with disabilities. Program operation dependent upon availability of funds from Texas Workforce Commission.

TRD-200401676

Mona Williams-Statser

Executive Director

Workforce Resource

Filed: March 2, 2004