Texas Department of Agriculture
Notice of Public Hearing
In accordance with the Texas Agriculture Code, §74.113, the Texas
Department of Agriculture (the department) will hold a public hearing to take
public comment on a proposed boll weevil eradication program assessment for
the Lower Rio Grande Valley Boll Weevil Eradication Zone. The hearing will
be held on Wednesday, September 15, 2004, beginning at 1:00 p.m., at Hoblitzelle
Auditorium, Texas A&M University Agricultural Research & Extension
Center, 2401 East Highway 83, Weslaco, Texas.
For more information, please contact Brian Murray, Special Assistant for
Producer Relations, Texas Department of Agriculture, P.O. Box 12847, Austin,
Texas 78711, (512) 463-7593.
TRD-200405418
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: August 27, 2004
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were deemed administratively complete
for the following project(s) during the period of August 19, 2004, through
August 26, 2004. The public comment period for these projects will close at
5:00 p.m. on October 1, 2004.
FEDERAL AGENCY ACTIONS:
Applicant: Port Pelican LLC.
; Location: The
project is located within the McDermott International facilities on Harbor
Island, west of State Highway (SH) 361, north of the city of Port Aransas,
and adjacent to the Corpus Christi Ship Channel (CCSC) in Corpus Christi Bay,
Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled: Port Aransas, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 14; Easting: 689000; Northing: 3081500. The applicant proposes to perform
mitigation at a site located to the west of the intersection of Business SH
35 and 16th Street, 1.5 miles south and west of Rockport, Aransas County,
Texas. The mitigation site can be located on the U.S.G.S. quadrangle map entitled:
Estes, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting
689000; Northing: 3097900. Project Description: The applicant proposes to
construct two gravity-based structures (GBS's) to be used in a liquefied natural
gas facility at a deepwater port off the Louisiana coast. The GBS's would
be constructed in a dry dock (graving dock) excavated on the site. Approximately
2.6 million cubic yards of material would be excavated mechanically to create
the 35-acre graving dock facility with a depth of 50 feet below mean sea level.
The material would be transported to the Port of Corpus Christi Authority
Placement Area No. 4 (PA 4) and a portion of the material would be used to
raise levees around the perimeter of PA 4. Construction of a graving dock
gate would involve the placement of fill into approximately 1.3 acres of shallow
water habitat (water depth less than - 4 feet mean low tide (MLT)) to an approximate
25-foot fill depth with sheet pilings installed to avoid the sloughing of
any material into the bay. An additional 0.59 acre of jurisdictional wetland,
consisting of 0.06 acre of Spartina alterniflora emergent marsh and 0.53 acre
of upper salt marsh, would also be impacted by the construction of the proposed
graving dock gate. When construction of the GBS's nears completion, a hydraulic
dredge would be used to dredge a channel from the CCSC to the graving dock
gate. The channel would vary in width from 450 feet near the gate to 1,050
feet at its junction with the CCSC, and would be approximately 1,800 feet
in length. Approximately 27 acres of open water habitat (greater than - 4
feet MLT) would be impacted by the proposed dredging. This channel would be
dredged to a depth of -50 feet MLT. The graving dock facility would then be
flooded, the sheet piles in the gate would be removed, and the earthen gate
would be excavated hydraulically. Approximately 1.7 million cubic yards of
material would be dredged out of the channel and the gate area and placed
in PA 4. The GBS's would be floated out of the graving dock and then towed
through the CCSC and out into the Gulf of Mexico. Following GBS's floatout
operations the graving dock would remain flooded and open to the channel.
As compensation for the impacts to 1.89 acres of jurisdictional waters and
wetlands, the applicant proposes to create and enhance coastal marsh habitat
at a site located to the north of the project site. CCC Project No.: 04-0274-F1;
Type of Application: U.S.A.C.E. permit application #23434 is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403)
and Section 404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The
consistency review for this project may be conducted by the Texas Commission
on Environmental Quality under §401 of the Clean Water Act.
Applicant: Dinosaur Oil and Gas
; Location:
The project is located in wetlands adjacent to a man-made canal, near the
intersection of Stewart Road and Spanish Main Boulevard, within the Spanish
Grant subdivision in Galveston, Galveston County, Texas. The project can be
located on the U.S.G.S. quadrangle map entitled: Lake Como, Texas. Approximate
UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 313349; Northing: 3234411.
Project Description: The applicant proposes to fill 2.28 acres of jurisdictional
wetlands for the development of seven 1-acre lots within an existing residential
housing community. The wetlands to be impacted are primarily mid to high marsh
dominated by saltgrass (Distichlis spicata), bushy sea-oxeye daisy (Borrichia
frutescens), hightide bush (Iva frutescens), Gulf cordgrass (Spartina spartinae),
and marshhay cordgrass (Spartina patens). The lots are to be filled to an
elevation of 5 feet above mean sea level (MSL) in preparation of the lots
for construction. The proposal includes the construction of 720 feet of concrete
bulkhead along the shoreline and an additional 130 feet of concrete bulkhead
at the west end of the canal. In addition, the applicant proposes to build
a T-head pier and boat dock on each lot at the option of the potential buyer.
The piers will extend 40 feet from the bulkhead with a terminal covered boathouse
that is 20 feet by 30 feet. CCC Project No.: 04-0279-F1; Type of Application:
U.S.A.C.E. permit application #22709 is being evaluated under §10 of
the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and Section 404
of the Clean Water Act (33 U.S.C.A. §1344).
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. Gwen Spriggs, Council Administrative Coordinator, Coastal Coordination
Council, P.O. Box 12873, Austin, Texas 78711-2873, or gwen.spriggs@glo.state.tx.us.
Comments should be sent to Ms. Spriggs at the above address or by fax at 512/475-0680.
TRD-200405516
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: September 1, 2004
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Sections 303.003,
303.005, 303.008, 303.009, 304.003, and 346.101. Tex. Fin. Code.
The weekly ceiling as prescribed by Sec. 303.003 and 303.009 for the period
of 09/06/04 - 09/12/04 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sec. 303.003 and 303.009 for the period
of 09/06/04 - 09/12/04 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by Sec. 303.005 and 303.009
3
for the period of 09/01/04 - 09/30/04 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by Sec. 303.005 and 303.009 for the period
of 09/01/04 - 09/30/04 is 18% for Commercial over $250,000.
The standard quarterly rate as prescribed by Sec. 303.008 and 303.009 for
the period of 10/01/04 - 12/31/04 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The standard quarterly rate as prescribed by Sec. 303.008 and 303.009 for
the period of 10/01/04 - 12/31/04 is 18% for Commercial over $250,000.
The retail credit card quarterly rate as prescribed by Sec. 303.009
The lender credit card quarterly rate as prescribed by Sec. 346.101 Tex.
Fin. Code
1
for the period of 10/01/04 - 12/31/04
is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.
The standard annual rate as prescribed by Sec. 303.008 and 303.009
The standard annual rate as prescribed by Sec. 303.008 and 303.009 for
the period of 10/01/04 - 12/31/04 is 18% for Commercial over $250,000.
The retail credit card annual rate as prescribed by Sec. 303.009
1
for the period of 10/01/04 - 12/31/04 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The judgment ceiling as prescribed by Sec. 304.003 for the period of 09/01/04
- 09/30/04 is 5% for Consumer/Agricultural/Commercial/credit thru $250,000.
The judgment ceiling as prescribed Sec. 304.003 for the period of 09/01/04
- 09/30/04 s 5% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
3
For variable rate commercial transactions
only.
4
Only for open-end credit as defined in Sec.
301.002(14), Tex. Fin. Code.
TRD-200405506
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: August 31, 2004
Notice of a Public Hearing on Proposed Revisions to the State Implementation Plan
The Texas Commission on Environmental Quality (commission) will conduct
a public hearing to receive comments concerning seven Agreed Orders with six
companies in the Beaumont-Port Arthur (BPA) ozone nonattainment area, and
a corresponding revision to the state implementation plan (SIP), under the
requirements of Title 40 Code of Federal Regulations §51.102 of the United
States Environmental Protection Agency (EPA) regulations concerning SIPs.
The current SIP revision incorporates certain voluntary emissions reductions,
air monitoring improvements, and other actions which six companies in the
BPA area have agreed to make. These voluntary measures are being undertaken
to provide additional benefits to air quality in BPA, and represent the culmination
of negotiations with certain environmental organizations and EPA. The commission
is entering into Agreed Orders with each of the companies to make the voluntary
measures enforceable.
A public hearing on this proposal will be held in Beaumont, Texas on October
7, 2004 at 7:00 p.m. in the Swan Room, South East Texas Regional Planning
Commission, 2210 Eastex Freeway. The hearing 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 hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to the hearing and will
answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Comments may be submitted to Mike Magee, MC 206, Office of Environmental
Policy, Analysis, and Assessment, Texas Commission on Environmental Quality,
P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-5687. All
comments should reference Project Number 2004-084-SIP-NR, and must be received
by 5:00 p.m., October 11, 2004. For further information, please contact Mike
Magee at (512) 239-1511.
TRD-200405458
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: August 30, 2004
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of the commission in accordance with
Texas Water Code (TWC), §7.075, this notice of the proposed order and
the opportunity to comment is published in the
Texas
Register
no later than the 30th day before the date on which the public
comment period closes, which in this case is
October
11, 2004
. The commission will consider any written comments received
and the commission may withdraw or withhold approval of a DO if a comment
discloses facts or considerations that indicate a proposed DO is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's jurisdiction, or orders and permits issued
in accordance with the commission's regulatory authority. Additional notice
of changes to a proposed DO is not required to be published if those changes
are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on October 11, 2004
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission's attorneys are
available to discuss the DOs and/or the comment procedure at the listed phone
numbers; however, comments on the DOs should be submitted to the commission
in
writing
.
(1) COMPANY: Clinton Rhodes dba H2O On Tap Water Hauler; DOCKET NUMBER:
2003- 0043-PWS-E; TCEQ ID NUMBERS: 0270101 and RN102320330; LOCATION: 1401
County Road 342C, Marble Falls, Burnet County, Texas; TYPE OF FACILITY: potable
drinking water supply; RULES VIOLATED: 30 TAC §290.44(i)(2)(J), by failing
to collect bacteriological samples; PENALTY: $1,400; STAFF ATTORNEY: Benjamin
Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE:
Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
(2) COMPANY: Craig Adams dba Hardy Stop (Formerly Hopper Food Corner);
DOCKET NUMBER: 2003-1388-PST-E; TCEQ ID NUMBERS: 4720 and RN103017323; LOCATION:
1303 Hopper Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c),
by failing to conduct inventory control; 30 TAC §334.50(b)(1)(A), (b)(2),
(b)(2)(A)(i)(III), and (d)(1)(B)(ii), and TWC, §26.3475(a) and (c)(1),
by failing to monitor the underground storage tank (UST) system for releases;
30 TAC §115.246(1), (3) - (6), and (7)(A), and Texas Health and Safety
Code (THSC), §382.085(b), by failing to maintain Stage II vapor recovery
records and to make immediately available for review upon request by authorized
representatives maintenance logs for all repairs and/or replacements, proof
of attendance and completion of Stage II training, and results of testing
conducted at the station; 30 TAC §115.242(3) and THSC, §382.085(b),
by failing to maintain the required components of the Stage II system in proper
operating condition and free of defects; 30 TAC §115.242(4) and THSC, §382.085(b),
by failing to maintain the Stage II system free of leaks; and 30 TAC §115.242(9)
and THSC, §382.085(b), by failing to post operating instructions conspicuously
on the front of each dispenser equipped with a Stage II system; PENALTY: $13,050;
STAFF ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512) 239-1976;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Guadalupe Trevino dba GT Motor & Transmission Shop; DOCKET
NUMBER: 2003-1228-WQ-E; TCEQ ID NUMBERS: R15STW0018 and RN102840279; LOCATION:
1241 East Expressway 83, San Benito, Cameron County, Texas; TYPE OF FACILITY:
vehicle dismantling and repair shop; RULES VIOLATED: 30 TAC §281.25(a)(4),
40 Code of Federal Regulations (CFR), §122.26(a)(ii), and Texas Pollutant
Discharge Elimination System General Permit Number TXR05000, by failing to
obtain authorization to discharge storm water associated with industrial activity
to waters in the state through an individual permit or by qualifying for the
condition, no exposure certification for exclusion; PENALTY: $11,550; STAFF
ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL
OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen,
Texas 78550-5247, (956) 425-6010.
(4) COMPANY: Jan Enterprises, Inc., dba Nikus Lucky Lady; DOCKET NUMBER:
2003-0851- PST-E; TCEQ ID NUMBERS: 0046487 and RN100539717; LOCATION: 6728
North Davis Boulevard, North Richland Hills, Tarrant County, Texas; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED:
30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance
for taking corrective action and for compensating third parties for bodily
injury and property damage caused by accidental releases arising from the
operation of the USTs; PENALTY: $3,200; STAFF ATTORNEY: James Biggins, Litigation
Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: John Roof dba Roof Dairy; DOCKET NUMBER: 2001-0236-AGR-E;
TCEQ ID NUMBER: none; LOCATION: 2357 North County Road 1226, Godley, Johnson
County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: 30 TAC §321.39(f)(18),
by failing to prohibit the entry of animals into the waste storage ponds and
failing to prevent the growing of trees on the embankment of the waste storage
pond; and Default Order Docket Number 1998-0248-AGR-E, by failing to pay the
administrative penalties; PENALTY: $4,500; STAFF ATTORNEY: Laurencia Fasoyiro,
Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(6) COMPANY: Mayfield McCraw dba McCraw Materials; DOCKET NUMBER: 2004-1050-
MLM-E; TCEQ ID NUMBER: RN103002788; LOCATION: Route 1, Box 192, Riverview
Road, on the northwest side of County Road 2135, four miles northeast of Telephone,
Fannin County, Texas; TYPE OF FACILITY: sand and gravel production plant;
RULES VIOLATED: 30 TAC §116.115(c) and THSC, §382.085(b), and Permit
Number 45246, Special Condition 3.C., by failing to shut down a non-permitted
operation; 30 TAC §111.201 and THSC, §382.085(b), by allowing outdoor
burning at the sand and gravel operations site; and 30 TAC §335.4, by
causing, allowing, or permitting the collection, handling, storage, processing,
or disposal of industrial solid waste or municipal hazardous waste on his
property in such a manner so as to cause the discharge or imminent threat
of discharge of industrial solid waste or municipal hazardous waste, into
or adjacent to, the waters in the state without obtaining specific authorization
for such a discharge from the TCEQ; PENALTY: $4,500; STAFF ATTORNEY: James
Biggins, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(7) COMPANY: Robert (Bobby) Barton McCans, Jr. dba Aaron Irrigation and
Landscaping Company; DOCKET NUMBER: 2002-0695-LII-E; TCEQ ID NUMBERS: 5376
and RN103457198; LOCATION: 1417 Broke Spoke Court, Fort Worth, Tarrant County,
Texas; TYPE OF FACILITY: landscape irrigation systems; RULES VIOLATED: 30
TAC §344.4(a) and §30.125, TWC, §37.003 and Texas Occupational
Code, § 1903.251 (formerly located at TWC § 34.007(a)), and TWC §37.006
(formerly located at TWC. § 34.009), by installing landscape irrigation
systems without a valid license; PENALTY: $3,125; STAFF ATTORNEY: Alfred Okpohworho,
Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(8) COMPANY: Texas Thermowell, Inc.; DOCKET NUMBER: 2003-1484-WQ-E; TCEQ
ID NUMBER: RN100554757; LOCATION: 6575 Tram Road, Beaumont, Jefferson County,
Texas; TYPE OF FACILITY: thermowell fabrication business; RULES VIOLATED:
30 TAC §281.25(a)(4) and §305.42(a), TWC, §26.121(a), and 40
CFR §122.26(c), by failing to obtain authorization for the discharge
of storm water related to industrial activity; PENALTY: $5,250; STAFF ATTORNEY:
Wendy Cooper, Litigation Division, MC R-4, (817) 588-5867; REGIONAL OFFICE:
Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(9) COMPANY: Triple R Foods, Inc. dba PDQ Foods 102; DOCKET NUMBER: 2003-1073-PST-
E; TCEQ ID NUMBERS: 15514 and RN101562569; LOCATION: 1216 West Northwest Highway,
Grapevine, Tarrant County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b),
by failing to demonstrate acceptable financial assurance for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases arising from the operation of petroleum USTs;
PENALTY: $2,850; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175,
(512) 239- 4761; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200405507
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 31, 2004
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
October 11, 2004
. Section
7.075 also requires that the commission promptly consider any written comments
received and that the commission may withdraw or withhold approval of an AO
if a comment discloses facts or considerations that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed AO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about an AO should be sent to the attorney
designated for the AO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on October 11, 2004
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The designated attorney is available
to discuss the AO and/or the comment procedure at the listed phone number;
however, §7.075 provides that comments on an AO should be submitted to
the commission in
writing
.
(1) COMPANY: Carroll Pratt dba Whispering Pines Mobile Home Park; DOCKET
NUMBER: 2003-0672-PWS-E; TCEQ ID NUMBERS: 5966, 0340027 and RN102691607; LOCATION:
20137 United States Highway 59 North, Queen City, Cass County, Texas; TYPE
OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(f)(3)
and Texas Health and Safety Code (THSC), §341.031(a), by exceeding the
maximum contaminant level for total coliform bacteria; PENALTY: $863; STAFF
ATTORNEY: Barbara J. Watson, Litigation Division, MC 175, (512) 239-2044;
REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535- 5100.
(2) COMPANY: City of Roscoe; DOCKET NUMBER: 2003-0293-PWS-E; TCEQ ID NUMBERS:
1770001 and RN101430924; LOCATION: 115 Cypress, Roscoe, Nolan County, Texas;
TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.104(b)
and THSC, §341.031(a), by failing to meet minimum drinking water standards;
30 TAC §290.46(e)(3)(C) and THSC, §341.033(a), by failing to employ
a properly certified operator with a class "C" certificate; 30 TAC §290.41(c)(3)(K)
and (4)(B) and THSC, §341.036, by failing to provide a screened vent
on the wells, failing to seal the well head with gaskets or a pliable crack-resistant
caulking compound and failing to properly seal the electrical cable and the
depth finder with gaskets or pliable crack-resistant caulking compound; 30
TAC §290.41(c)(3)(J) and THSC, §341.036, by failing to provide concrete
sealing blocks that extend at least three feet from the well casing in all
directions; 30 TAC §290.41(c)(3)(O), by failing to provide an intruder
resistant fence; 30 TAC §290.46(m), by failing to provide maintenance
and housekeeping to the pump stations and water storage facilities; and 30
TAC §290.43(c)(3) and THSC, §341.036, by failing to provide proper
overflow on water storage facilities; PENALTY: $3,625; STAFF ATTORNEY: Benjamin
Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE:
Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833,
(325) 698-9674.
(3) COMPANY: Deer Creek Ranch, Inc. dba Deer Creek Water Co.; DOCKET NUMBER:
2002- 0773-PWS-E; TCEQ ID NUMBERS: 2270049 and RN100822527; LOCATION: east
of Ranch-to- Market Road 3238 and 6.5 miles south of State Highway 71, Travis
County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.118
and THSC, §341.031(a), by failing to provide water that meets the commission's
secondary constituent levels for iron, chloride, sulfate, and total dissolved
solids; 30 TAC §290.46(f)(2), by failing to maintain documentation of
annual tank inspections for the ground storage tank and pressure tank; 30
TAC §290.46(f)(3)(E)(iv), by failing to maintain copies of customer service
inspections for at least ten years; 30 TAC §290.46(n)(2), by failing
to provide an accurate and up-to-date map of the distribution system; 30 TAC §290.43(c)(3),
by failing to modify the overflow pipe flap valve assembly on the ground storage
tank to provide no more than 1/16 inch gap; 30 TAC §290.110(d)(3)(C)(i),
by failing to use an approved method for measuring the free chorine residual;
30 TAC §290.43(e), by failing to provide an intruder-resistant fence;
30 TAC §290.45(b)(1)(C)(i), by failing to provide a minimum well capacity
of 0.6 gallons per minute per service connection; 30 TAC §290.46(u),
by failing to plug abandoned public water supply wells owned by the facility;
and 30 TAC §290.46(e)(4)(A), by failing to operate the facility under
the direct supervision of a competent water works operator holding a class
"D" or higher operator's certificate; PENALTY: $14,240; STAFF ATTORNEY: Lindsay
Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Austin
Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
(4) COMPANY: Ken R. Sloan dba Tri-County Septic; DOCKET NUMBER: 2004-0039-OSI-E;
TCEQ ID NUMBERS: OS0001529 and RN103690533; LOCATION: Route 1, Box 198, Bogata,
Red River County, Texas; TYPE OF FACILITY: on-site sewage installation and
repair business; RULES VIOLATED: 30 TAC §285.61(4) and THSC, §366.051(c),
by installing an on-site sewage facility (OSSF) without having first obtained
documentation that the owner or owner's agent had the permitting authority's
authorization to construct; PENALTY: $250; STAFF ATTORNEY: Barbara J. Watson,
Litigation Division, MC 175, (512) 239-2044; REGIONAL OFFICE: Tyler Regional
Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(5) COMPANY: Lucky Lady Oil Company; DOCKET NUMBER: 2004-0017-PST-E; TCEQ
ID NUMBERS: 11919 and RN100539667; LOCATION: (Harris Methodist Hospital) 1301
Pennsylvania Avenue, Fort Worth, and (Nick's Corner Mart 2) 2300 South Collins,
Arlington, Tarrant County, Texas; TYPE OF FACILITY: fuel distribution; RULES
VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, posted
TCEQ-issued delivery certificate prior to delivering fuel to the sites; PENALTY:
$2,480; STAFF ATTORNEY: Barbara J. Watson, Litigation Division, MC 175, (512)
239-2044; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Quiroga Trucking, L.L.C.; DOCKET NUMBER: 2004-0472-PST-E;
TCEQ ID NUMBERS: 14309 and RN103765962; LOCATION: 152 Camino de Arroyo, Van
Vleck, Matagorda County, Texas; TYPE OF FACILITY: fuel distributor; RULES
VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owners
or operators of the underground storage tanks (USTs) had a valid, current
delivery certificate prior to depositing a regulated substance into the USTs;
PENALTY: $2,400; STAFF ATTORNEY: Barbara J. Watson, Litigation Division, MC
175, (512) 239- 2044; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Tooter A. H. Schulze; DOCKET NUMBER: 2003-1545-OSS-E; TCEQ
ID NUMBERS: OS2711 and RN103388203; LOCATION: Post Office Box 53, Junction,
Kimble County, Texas; TYPE OF FACILITY: on-site sewage facility; RULES VIOLATED:
30 TAC §285.50(g)(2), by working as an OSSF installer, while at the same
time acting in the capacity of a commissioner for Kimble County; PENALTY:
$2,188; STAFF ATTORNEY: Christina Mann, Litigation Division, MC R-13, (210)
403-4016; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite
K, San Angelo, Texas 76903-7013, (915) 655-9479.
(8) COMPANY: Woodmark Utilities, Inc.; DOCKET NUMBER: 2003-0640-MWD-E;
TCEQ ID NUMBERS: 13168-001 and RN101511400; LOCATION: south of Farm-to-Market
Road (FM) 346, approximately 1.2 miles west of the intersection of FM 346
and United States Highway 69, south of Tyler, Smith County, Texas; TYPE OF
FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1);
Texas Pollutant Discharge Elimination System Permit Number 13168-001, Interim
II Effluent Limitations and Monitoring Requirements; and TWC, §26.121(a),
by failing to comply with the permit limits for total suspended solids, ammonia
nitrogen, and total chlorine residual; PENALTY: $4,800; STAFF ATTORNEY: Ashley
Kever, Litigation Division, MC 175, (512) 239- 2987; REGIONAL OFFICE: Tyler
Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
TRD-200405508
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 31, 2004
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
October 11, 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 October 11, 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: Aegon Direct Marketing Services, Inc.; DOCKET NUMBER: 2004-0624-PST-
E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number
071356; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: marketing
business with a gasoline dispensing station; RULE VIOLATED: 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(a) and (c)(1), by failing to provide a method
of release detection; 30 TAC §334.10(b), by failing to request underground
storage tank (UST) records; and 30 TAC §334.8(c)(5)(B)(ii) and the Code, §26.346(a),
by failing to ensure that a delivery certificate is renewed; PENALTY: $4,800;
ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Ali Investments, Inc. dba Hawks Pantry 3; DOCKET NUMBER: 2004-0431-
PST-E; IDENTIFIER: PST Facility Identification Number 011375; LOCATION: Alvarado,
Johnson 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 for releases at a frequency of at least once every month;
PENALTY: $1,800; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Rodrigo Cantu dba Cantu's Gas and Oil Express; DOCKET NUMBER:
2004- 0967-PST-E; IDENTIFIER: PST Facility Identification Number 45822; LOCATION:
Port Isabel, Cameron County, Texas; TYPE OF FACILITY: small business with
retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by
failing to demonstrate financial responsibility; and 30 TAC §334.8(c)(5)(A)(iii),
by failing to ensure that a valid, current delivery certificate is posted
at the facility; PENALTY: $2,720; ENFORCEMENT COORDINATOR: Keith Fleming,
(512) 239- 0560; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas
78550-5247, (956) 425-6010.
(4) COMPANY: Car Spa Inc. dba Car Spa Car Wash; DOCKET NUMBER: 2004-0343-PST-E;
IDENTIFIER: PST Facility Identification Number 72494; LOCATION: Dallas, Collin
County, Texas; TYPE OF FACILITY: car wash; RULE VIOLATED: 30 TAC §115.246(7)(A)
and THSC, §382.085(b), by failing to maintain the Stage II records on
site; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct
the full Stage II vapor recovery system (VRS) testing; 30 TAC §115.244(1)
and THSC, §382.085(b), by failing to conduct daily inspections of the
Stage II VRS; and 30 TAC §115.242(3)(J), by failing to conduct monthly
inspections of the components; PENALTY: $7,200; ENFORCEMENT COORDINATOR: Judy
Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(5) COMPANY: Chevron Pipe Line Company; DOCKET NUMBER: 2004-0592-AIR-E;
IDENTIFIER: General Operating Permit Number O-01307, Air Permit Number 49038,
Air Account Number SG-0033-L, and Regulated Entity Number (RN) 100215128;
LOCATION: Hermleigh, Scurry County, Texas; TYPE OF FACILITY: crude oil pipeline
station; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Number 49038,
and General Operating Permit Number O-01307, by failing to meet the volatile
organic compound (VOC) emission limits; PENALTY: $7,500; ENFORCEMENT COORDINATOR:
Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1977 Industrial Boulevard,
Abilene, Texas 79602-7833, (915) 698-9674.
(6) COMPANY: Chevron Pipe Line Company; DOCKET NUMBER: 2004-0767-AIR-E;
IDENTIFIER: General Operating Permit Number 515, Air Permit Number 49031,
Air Account Number ML-0244-C, and RN100214824; LOCATION: Midland, Midland
County, Texas; TYPE OF FACILITY: crude oil breakout station; RULE VIOLATED:
30 TAC §116.115(b)(2)(F) and (c), Air Permit Number 49031, General Operating
Permit Number 515, and THSC, §382.085(b), by failing to meet the VOC
emission limits and by failing to install secondary seals on the internal
floating roofs; PENALTY: $7,920; ENFORCEMENT COORDINATOR: Kelli Bruce, (512)
239-7099; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland,
Texas 79705-5404, (915) 570-1359.
(7) COMPANY: William E. Watson dba Corner Shell; DOCKET NUMBER: 2004-0731-PST-
E; IDENTIFIER: PST Facility Identification Number 45424, RN101936136; LOCATION:
Livingston, Polk County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4) and the Code, §26.3475(d),
by failing to have a corrosion specialist or technician inspect and test corrosion
protection system within three - six months after installation; 30 TAC §334.50(b)(1)(A)
and (d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to provide
proper release detection for UST systems and by failing to reconcile inventory
control records; PENALTY: $5,400; ENFORCEMENT COORDINATOR: Kensley Greuter,
(512) 239-2520; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(8) COMPANY: Degussa Engineered Carbons, L.P.; DOCKET NUMBER: 2004-0729-AIR-E;
IDENTIFIER: Air Account Number OC-0020-R, RN100209386; LOCATION: Orange, Orange
County, Texas; TYPE OF FACILITY: carbon black manufacturing plant; RULE VIOLATED:
30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent
the unauthorized discharge of one or more air contaminants or combination
thereof; 30 TAC §101.201(b)(4) and (8) and THSC, §382.085(b), by
failing to correctly create a final record of a non-reportable emissions event;
and THSC, §382.085(a), by failing to prevent the unauthorized emission
of an air contaminant; PENALTY: $4,550; ENFORCEMENT COORDINATOR: John Barry,
(409) 898- 3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(9) COMPANY: Dorsett Ditching Inc. dba Dorsett 221 Truck Stop; DOCKET NUMBER:
2004- 0446-PST-E; IDENTIFIER: PST Facility Identification Number 00870, RN102029758;
LOCATION: Buda, Hays County, Texas; TYPE OF FACILITY: truck stop with retail
sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(2)(C), by failing
to ensure that the rectifier and other components of the automatic tank gauge
and inventory control system are operating properly; and 30 TAC §334.50(a)(1)(A),
by failing to provide a method, or combination of methods, of release detection;
PENALTY: $5,200; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL
OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512)
339- 2929.
(10) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2004-0458-AIR-E; IDENTIFIER:
RN103773206; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: polymer
manufacturing; RULE VIOLATED: 30 TAC §115.115(c), Permit Number 4157A,
and THSC, §382.085(b), by failing to route waste gas from point sources
containing VOCs to the flare or obtain an exception and by failing to operate
the polyethylene production process with a required emergency particulate
emission control system; and 30 TAC §115.354(1)(B) and THSC, §382.085(b),
by failing to conduct yearly monitoring of 136 difficult-to-monitor valves;
and THSC, §382.085(a), by failing to prevent the unauthorized emissions
from the polyethylene unit; PENALTY: $15,470; ENFORCEMENT COORDINATOR: Edward
Moderow, (512) 239-2680; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(11) COMPANY: H. Muehlstein & Company, Inc.; DOCKET NUMBER: 2003-1373-IWD-E;
IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number
02294, RN100692144; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY:
plastics compounding and resin; RULE VIOLATED: 30 TAC §305.125(1), TPDES
Permit Number 02294, and the Code, §26.121(a), by failing to meet the
permitted effluent limits for pH, chemical oxygen demand, ammonia nitrogen,
and total suspended solids (TSS); PENALTY: $8,500; ENFORCEMENT COORDINATOR:
Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: K & S Trucks, Ltd.; DOCKET NUMBER: 2004-0626-PST-E; IDENTIFIER:
RN104133236; LOCATION: McCamey, Upton County, Texas; TYPE OF FACILITY: brine
and fresh water hauling; RULE VIOLATED: 30 TAC §334.401(a) and (b), §334.55(a)(2)
and (3), by failing to obtain a registered UST contractor and licensed on-site
supervisor; and 30 TAC §334.6(b)(2) and (c), by failing to submit the
required construction notification; PENALTY: $3,600; ENFORCEMENT COORDINATOR:
Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 3300 North A Street, Building
4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(13) COMPANY: Phat Truong dba L & P Food Market; DOCKET NUMBER: 2004-0676-PST-
E; IDENTIFIER: PST Facility Identification Number 9329; LOCATION: Beaumont,
Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III) and
(ii), and the Code, §26.3475(a) and (c)(1), by failing to monitor a UST
system for releases, by failing to test the line leak detector, and by failing
to test or monitor each pressurized line for releases; and 30 TAC §334.48(c),
by failing to conduct inventory control procedures; PENALTY: $2,340; ENFORCEMENT
COORDINATOR: Larry King, (512) 239-7037; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703- 1892, (409) 898-3838.
(14) COMPANY: City of Lyford; DOCKET NUMBER: 2004-1012-PWS-E; IDENTIFIER:
Public Water Supply Number 2450003, RN101422657; LOCATION: Lyford, Willacy
County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(5)
and THSC, §341.0315(c), by allegedly exceeding the maximum contaminant
level (MCL) of 0.060 milligrams per liter (mg/L) for haloacetic acid; PENALTY:
$200; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE:
1804 West Jefferson Avenue, Harlingen, Texas 78550- 5247, (956) 425-6010.
(15) COMPANY: Maxey Road Water Supply Corporation; DOCKET NUMBER: 2003-1421-
WQ-E; IDENTIFIER: TPDES Permit Number 0013503-001; LOCATION: Houston, Harris
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 0013503-001, and the Code, §26.121(a), by failing
to comply with the permit limit for TSS, pH, and dissolved oxygen (DO); PENALTY:
$8,600; ENFORCEMENT COORDINATOR: John Schildwachter, (512) 239-2355; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: City of Meridian; DOCKET NUMBER: 2004-0666-PWS-E; IDENTIFIER:
PWS Number 0180002, RN101402543; LOCATION: Meridian, Bosque County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(2),
by failing to make the facility's operating records accessible during the
inspection; 30 TAC §290.41(c)(3)(B), by failing to provide a well casing;
and 30 TAC §290.44(h)(1)(A), by failing to install back flow prevention
assemblies or an air gap at all residences or establishments; PENALTY: $735;
ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 6801
Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(17) COMPANY: Nisseki Chemical Texas, Inc.; DOCKET NUMBER: 2004-0550-AIR-E;
IDENTIFIER: Air Account Number HG-3626-Q; LOCATION: Pasadena, Harris County,
Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §101.20(1)
and (2), §116.115(c), Air Permit Number 19624, and THSC, §382.085(b),
by failing to approve an air stripping system or equivalent and by failing
to test the FL-2 flare to demonstrate compliance; PENALTY: $5,520; ENFORCEMENT
COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(18) COMPANY: Noorani Petroleum, Inc. dba Panther Stop dba Broncos Country
Corner; DOCKET NUMBER: 2004-0403-PST-E; IDENTIFIER: PST Facility Identification
Numbers 57606 and 50129, RN101732493 and RN101733780; LOCATION: Dayton and
Liberty, Liberty County, Texas; TYPE OF FACILITY: convenience stores with
retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(3), (5), and
(7)(A), and THSC, §382.085(b), by failing to maintain Stage II records;
30 TAC §115.242(3)(B) and (M) and THSC, §382.085(b), by failing
to maintain the Stage II VRS; 30 TAC §115.248(1) and THSC, §382.085(b),
by failing to ensure that at least one facility representative and all employees
receive training; 30 TAC §12.1 and §334.22, by failing to pay late
fees; 30 TAC §115.244(3) and THSC, §382.085(b), by failing to conduct
monthly inspections of the Stage II pressure/vacuum relief valves, vapor check
valves, and Stage I dry break; 30 TAC §115.242(9) and THSC, §382.085(b),
by failing to post operating instructions on the front of each dispenser;
and 30 TAC §334.8(c)(5)(A)(iii), by failing to ensure that a valid, current
delivery certificate was posted at the facility; PENALTY: $16,275; ENFORCEMENT
COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(19) COMPANY: Occidental Permian Ltd.; DOCKET NUMBER: 2004-0796-AIR-E;
IDENTIFIER: Air Account Number UB-0058-G, RN100226737; LOCATION: McCamey,
Upton County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE
VIOLATED: 30 TAC §106.512(2)(C)(ii) and §116.110(a)(4) and THSC, §382.085(b),
by failing to document, by recorded measurement, the nitrogen oxide and carbon
monoxide emissions; 30 TAC §122.145(2)(C) and THSC, §382.085(b),
by failing to report a Title V deviation; and 30 TAC §21.4 and §290.51(a)(3),
the Code, §5.702 and §26.0135(h), and THSC, §341.041, by failing
to pay fees; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Larry King, (512) 239-7037;
REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas
79705-5404, (915) 570-1359.
(20) COMPANY: Palo Gaucho, Inc.; DOCKET NUMBER: 2004-0478-MWD-E; IDENTIFIER:
TPDES Permit Number 11432-001, RN101521821; LOCATION: near Pearland, Sabine
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 11432-001, and the Code, §26.121(a), by failing to
comply with the permitted effluent limits for TSS, 5-day biochemical oxygen
demand, DO, and Chlorine; PENALTY: $3,300; ENFORCEMENT COORDINATOR: Laurie
Eaves, (512) 239-4495; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas
77703-1892, (409) 898-3838.
(21) COMPANY: Jim Strong dba Papas Market; DOCKET NUMBER: 2004-0597-PST-E;
IDENTIFIER: PST Facility Identification Number 18253; LOCATION: Skidmore,
Bee County, Texas; TYPE OF FACILITY: convenience store with retail sales of
gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2), by failing
to monitor USTs for releases and by failing to monitor the piping of the UST
system; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017;
REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503,
(361) 825-3100.
(22) COMPANY: Richard Funderburk dba Riverboat Bend Trailer Park; DOCKET
NUMBER: 2004-0654-PWS-E; IDENTIFIER: PWS Number 1460088, RN102693546; LOCATION:
Dayton, Liberty County, Texas; TYPE OF FACILITY: public water supply; RULE
VIOLATED: 30 TAC §290.45(b)(1)(A)(i) and THSC, §341.0315(c), by
failing to provide a well capacity of 1.5 gallons per minute per connection;
30 TAC §290.(c)(2) and (g), §290.122(c), and THSC, §341.033(d),
by failing to collect and submit routine monthly water samples for bacteriological
analysis; and 30 TAC §290.51(a)(3), by failing to pay outstanding public
health service fees; PENALTY: $998; ENFORCEMENT COORDINATOR: Rebecca Johnson,
(713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(23) COMPANY: Robbins & Myers Energy Systems L.P.; DOCKET NUMBER: 2004-0681-
AIR-E; IDENTIFIER: Air Account Number MQ-0548-Q; LOCATION: Willis, Montgomery
County, Texas; TYPE OF FACILITY: oil field equipment manufacturing; RULE VIOLATED:
30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an
annual compliance certification; PENALTY: $1,580; ENFORCEMENT COORDINATOR:
Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(24) COMPANY: Rohm and Haas Texas Incorporated; DOCKET NUMBER: 2004-0146-AIR-
E; IDENTIFIER: Air Account Number HG-0632-T, RN100223205; LOCATION: Deer Park,
Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED:
30 TAC §116.115(b)(2)(G), Air Permit Number 751, and THSC, §382.085(b),
by failing to comply with the permitted emission rate of 5.65 pounds per hour
(lbs/hr) of carbon monoxide and 0.37 lbs/hr of VOCs; PENALTY: $3,240; ENFORCEMENT
COORDINATOR: Rebecca Johnson, (713) 767- 3500; REGIONAL OFFICE: 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.
(25) COMPANY: Scot Industries Inc.; DOCKET NUMBER: 2003-0416-IHW-E; IDENTIFIER:
Solid Waste Registration Number 31275, RN101646479; LOCATION: Lone Star, Morris
County, Texas; TYPE OF FACILITY: pipe manufacturing and chrome plating operation;
RULE VIOLATED: 30 TAC §335.4, by failing to prevent the discharge of
an oily substance; 30 TAC §335.5, by failing to record in the Morris
County deed records the on-site landfilling of honing sludge; 30 TAC §335.6(b),
by failing to update the notice of registration electronically; 30 TAC §335.9(a)(1),
by failing to maintain records regarding the type and amount of waste being
disposed of on site; 30 TAC §335.10(b)(22), by failing to include the
waste classification code on a manifested shipment of hazardous waste; 30
TAC §335.69(a)(4)(A) and (d)(2), and 40 Code of Federal Regulations (CFR) §265.16(d)(2)
and §265.51(a), by failing to maintain a written job description for
each position handling hazardous waste, by failing to develop a written contingency
plan, and by failing to properly label containers; and 30 TAC §335.474
and THSC, §361.505, by failing to prepare a source reduction and waste
minimization plan; PENALTY: $11,016; ENFORCEMENT COORDINATOR: Carolyn Lind,
(903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(26) COMPANY: Shot Realty Company Inc. dba Atlantic Relocation Systems;
DOCKET NUMBER: 2003-0921-PST-E; IDENTIFIER: PST Facility Identification Number
55377, RN101566024; LOCATION: Carrollton, Dallas County, Texas; TYPE OF FACILITY:
fleet refueling; RULE VIOLATED: 30 TAC §334.50(d)(1)(B)(ii) and (iii)(I)
and the Code, §26.3475(c)(1), by failing to record inventory volume measurements;
and 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing
to inspect the impressed current cathodic protection system; PENALTY: $3,600;
ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(27) COMPANY: Siva Corporation dba K K Food Mart; DOCKET NUMBER: 2003-0756-PST-
E; IDENTIFIER: PST Facility Identification Number 33564, RN103731220; LOCATION:
San Augustine, San Angustine County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c)
and §334.50(d)(1)(B)(ii) and (iii)(I), and the Code, §26.3475(c)(1),
by failing to conduct manual or automatic inventory control procedures or
record inventory volume measurements; 30 TAC §334.50(b)(1)(A) and the
Code, §26.3475(c)(1), by failing to ensure that release detection equipment
or procedures are provided for the UST; and 30 TAC §334.8(c)(5)(C), by
failing to label the UST fill tube; PENALTY: $3,672; ENFORCEMENT COORDINATOR:
Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(28) COMPANY: Sunoco, Inc. (R&M); DOCKET NUMBER: 2003-0351-AIR-E; IDENTIFIER:
RN100524008; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: polymer
manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c), §101.20(1),
Permit Number 3126A, 40 CFR §60.18(c) and §60.562-1(a)(1)(C), and
THSC, §382.085(b), by failing to operate the dryer, by failing to properly
operate the uninterruptible power system, by failing to conduct the required
performance test, by failing to properly test samples, and by failing to maintain
the bagfilters system; 30 TAC §111.111(a)(4)(A)(ii) and THSC, §382.085(b),
by failing to operate the flare within opacity limitations; and 30 TAC §101.20(1),
40 CFR §60.562-1(a) and THSC, §382.085(b), by failing to demonstrate
the claimed exemption status for individual vent streams; PENALTY: $26,790;
ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(29) COMPANY: The George R. Brown Partnership, L.P.; DOCKET NUMBER: 2004-0683-
AIR-E; IDENTIFIER: Air Account Number FI-0013-T, RN100214873; LOCATION: Teague,
Freestone County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED:
30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit
the semi-annual deviation report; and 30 TAC §101.201(a) and §116.115(b)(2)(G)
and (c), Air Permit Number 6066, and THSC, §382.085(b), by failing to
submit upset reports and by failing to maintain opacity of emissions; PENALTY:
$28,050; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353- 9251; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-
0335.
(30) COMPANY: City of Three Rivers; DOCKET NUMBER: 2004-0933-PWS-E; IDENTIFIER:
PWS Number 1490002; LOCATION: Three Rivers, Live Oak County, Texas; TYPE OF
FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and
THSC, §341.0315(c), by exceeding the maximum contaminant level of 0.080
mg/L; PENALTY: $200; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680;
REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503,
(361) 825-3100.
(31) COMPANY: Ber Lengers dba Triple Dutch 2; DOCKET NUMBER: 2004-0594-AGR-E;
IDENTIFIER: TPDES Permit Number 02922, RN101528511; LOCATION: Dublin, Erath
County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.35(b)
and TPDES Permit Number 02922, by failing to include the name of the property
owner on the permit; and 30 TAC §321.39(f)(11) and (28)(C) and TPDES
Permit Number 02922, by failing to maintain adequate storm water storage capacity
and by failing to collect a composite soil sample; PENALTY: $200; ENFORCEMENT
COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(32) COMPANY: City of Throckmorton; DOCKET NUMBER: 2004-0797-PWS-E; IDENTIFIER:
PWS Number 2240001, RN101410553; LOCATION: Throckmorton, Throckmorton County,
Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(b),
by failing to provide water that meets the MCL for total trihalomethane; PENALTY:
$200; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE:
1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(33) COMPANY: Universal Demolishing & Recycling Company Inc.; DOCKET
NUMBER: 2004-0357-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Unauthorized
Site Numbers 455100031 and 455100037, RN102955903 and RN103786679; LOCATION:
Pollok, Angelina County, Texas; TYPE OF FACILITY: unauthorized solid waste
sites; RULE VIOLATED: 30 TAC §330.5 and §330.32(b), by failing to
prevent the disposal of MSW at two unauthorized sites and ensure that all
solid waste collected is disposed of only at facilities authorized to accept
the type of waste being transported; 30 TAC §324.4(2)(B), by failing
to comply with the used oil prohibitions and clean-up of spills; and 30 TAC §324.6
and 40 CFR §279.22(c)(1), by failing to label used oil containers; PENALTY:
$11,163; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(34) COMPANY: City of Weslaco; DOCKET NUMBER: 2004-0791-MWD-E; IDENTIFIER:
TPDES Permit Number 10619-005, RN101612166; LOCATION: Weslaco, Hidalgo County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10619-005, and the Code, §26.121(a), by failing to
comply with the permitted limits for ammonia nitrogen; PENALTY: $1,780; ENFORCEMENT
COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 1804 West Jefferson
Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(35) COMPANY: West Telemarketing Corporation; DOCKET NUMBER: 2004-0401-PST-E;
IDENTIFIER: PST Facility Identification Number 73919; LOCATION: Beaumont,
Jefferson County, Texas; TYPE OF FACILITY: telecommunication company; RULE
VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i) and the Code, §26.346(a),
by failing to ensure that the UST registration and self-certification forms
are accurately completed and submitted and by failing to make available a
valid, current delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR:
Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(36) COMPANY: West Texas Superquick, Inc.; DOCKET NUMBER: 2004-0762-PST-E;
IDENTIFIER: PST Facility Identification Numbers 40782, 54007, and 23981, RN
101447639, 102264884, and 101431633; LOCATION: Stamford, Haskell County, Texas;
TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to ensure
that the UST registration and self-certification forms were fully and accurately
completed; and 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and (ii)(III),
(d)(1)(B)(ii) and (iii)(I), and the Code, §26.3475(a) and (c)(1), by
failing to monitor the UST system for releases, by failing to perform an annual
tightness test on the pressurized piping, by failing to reconcile inventory
control records, and by failing to conduct inventory volume measurements;
PENALTY: $8,728; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL
OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(37) COMPANY: Whitestone Retail, Ltd. Dba Shops at Whitestone; DOCKET NUMBER:
2004-0562-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Plan Number 11-03102301,
RN104102892; LOCATION: Cedar Park, Williamson County, Texas; TYPE OF FACILITY:
commercial property; RULE VIOLATED: 30 TAC §213.23(a)(1)(B), by failing
to receive approval of an Edwards Aquifer contributing zone plan; PENALTY:
$1,800; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(38) COMPANY: City of Willis; DOCKET NUMBER: 2004-0686-MWD-E; IDENTIFIER:
TPDES Permit Number 0010315-001; LOCATION: Willis, Montgomery County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 0010315-001, and the Code, §26.121, by failing to
comply with permitted effluent limits for ammonia nitrogen and flow; PENALTY:
$3,280; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(39) COMPANY: Zali, Inc. dba Kwality Food Mart; DOCKET NUMBER: 2004-0432-PST-E;
IDENTIFIER: PST Facility Identification Number 13710, RN101563476; LOCATION:
Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §115.246(1) - (4) and THSC, §382.085(b),
by failing to maintain a copy of the facility's California Air Resource Board
Order, Stage II employee training records, and Stage II facility maintenance
records; PENALTY: $1,150; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210)
490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118- 6951,
(817) 588-5800.
TRD-200405509
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 31, 2004
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) 463-5780 or (800) 325-8506.
Deadline: Lobby Activities Report due January 12,
2004
Dianne Hardy Garcia, 1517 1/2 N. Hayworth Ave, Los Angeles, CA 90046-3301
Deadline: Lobby Activities Report due April 12,
2004
Michael J. Warner, P.O. Box 92167, Austin, Texas 78709-2167
Caroline Coleman, 720 Brazos St., Ste. 1004, Austin, Texas 78701
Leah Rummel, 720 Brazos St., Ste. 1004, Austin, Texas 78701
Deadline: Lobby Activities Report due June 10, 2004
Michael J. Warner, P.O. Box 92167, Austin, Texas 78709-2167
Pamela Parker, P.O. Box 270121, Austin, Texas 78727
Deadline: Lobby Activities Report due July 12, 2004
Michael J. Warner, P.O. Box 92167, Austin, Texas 78709-2167
Barbara Maxwell, 720 Brazos St. #1004, Austin, Texas 78701
Deadline: Personal Financial Statement due April
30, 2004
William P. Mahomes, Jr., Simmons & Mahomes, Attorneys at Law 900 Jackson
St., Ste. 540, Dallas, Texas 75202
Robert E. Parrish, 1315 Red Maple Dr., Carrollton, Texas 75007-1031
Willard L. Jackson, Jr., Metroplex-Core, Inc. 14425 Cornerstone Village
Dr., Houston, Texas 77014-1206
Tony G. Hedges, D.O., 104 East 21st Street, Littlefield, Texas 79339
Jacqueline G. Humphrey, Hudgins/Humphrey, 1800 S. Washington St., #315,
Amarillo, Texas 79102
Francisco R. Torres, 1876 S. 7th St., Raymondville, Texas 78580
Jim G. Bray, Jr., 625 18th St., Plano, Texas 75074
Benna Timperlake, 2001 Ocean Dr., Corpus Christi, Texas 78404-1868
John T. Wooldridge, 3323 Richmond Ave. #C, Houston, Texas 77098
Pamela M. Hodges, 414 Mountain Spring Dr., Boerne, Texas 78006
John Q. King, 2400 Givens Ave., Austin, Texas 78722-2105
Morris E. Sandefer, Jr., 230 Pinata, Lumberton, Texas 77657
Cynthia L. Muniz, 694 North Monroe, Eagle Pass, Texas 78852
Byron E. Miller, 7402 John Miller Court, San Antonio, Texas 78244
Susan C. Mengden-Ellis, 431 Northridge, San Antonio, Texas 78209
Robert K. Peters, 3813 Brookwood Dr., Tyler, Texas 75701
G. Al Bendeck, PA-C, 4424 88th St., Lubbock, Texas 79424
Terdema L. Ussery II, 5100 Pinehurst, Frisco, Texas 75034
Linda M. Siy, JPS Health Center Northeast, 837 Brown Trail, Bedford, Texas
76022
Richard Ramirez, 3315 Riviera Dr., Sugar Land, Texas 77479
David Gutierrez, 4022 88th St., Lubbock, Texas 79423
Patrick L. Brockett, CBA 5.202, UT Austin, 1 University Sta., Stop B6500,
Austin, Texas 78712-0212
John C. Morris, 12807 Widge, Austin, Texas 78727
Kenneth A. James, 1914 Riverglen Forest, Kingwood, Texas 77345
Linda Diane Steinbrueck, 1401 Darden Hill Rd., Driftwood, Texas 78619
Dori Contreras Garza, 13320 Borolo Drive, Edinburg, Texas 78539
James K. Burnett, 2611 Sir Percival Lane, Lewisville, Texas 75056-5710
Janice B. Howard, 8542 Hidden Hollow Ct., Sienna Plantation, Texas 77459
Bryan K. Brown, 2911 Lacewood Ct., Pearland, Texas 77584
Victor E. Leal, 301 Lake Ridge Rd., Canyon, Texas 79015-6900
Severita Sanchez, 4823 Patio Lane, Laredo, Texas 78041
Timothy N. Taylor, 3531 W. Meadow St., Nacogdoches, Texas 75965-2424
Cliff Mountain, 2909 Meandering River Ct., Austin, Texas 78746
Mi Yun "Maryann" Choi, 121 Logan Ranch Rd., Georgetown, Texas 78628
Stephen T. Rosales, 6910 Jester Blvd., Austin, Texas 78750
Tina Alexander Sellers, 211 Lost Pines Circle, Lufkin, Texas 75901
Brenda Gail Saxon, 2301 Lawnmont Ave #4, Austin, Texas 78756-1938
Melinda Sue Fredricks, 822 Stone Mountain Dr., Conroe, Texas 77302
Ruby Sciore, 2102 Patsy Parkway, Austin, Texas 78744
Ronald P. Williams, 327 Pagoda Oak, San Antonio, Texas 78230
Deadline: Personal Financial Statement due June
29, 2004
E. Jeffrey Wentworth, 160 Country Lane, San Antonio, Texas 78209-2228
Jose E. de Santiago Sr., 15927 Jove St., Houston, Texas 77060
Dorothy N. Stewart-Bridges, 17934 Island Spring Lane, Tomball, Texas 77375
Susan Lee Hargrave, P.O. Box 2496, Cedar Hill, Texas 75106
Rogelio Martinez, 5714 N. Broadway, McAllen, Texas 78504
Gerry E. Pate, 13333 Northwest Frwy., Ste. 300, Houston, Texas 77040
TRD-200405518
Sarah Woelk
Executive Director
Texas Ethics Commission
Filed: September 1, 2004
Correction of Error
In the July 30, 2004, issue of the
Texas Register
(29 TexReg 7427), the Texas Department of Health adopted new 25 TAC §289.301.
Due to an error in the agency's submission, the rule text that appears in §289.301(j)(1)(C)
and (D) is incorrect. On page 7436, column 2, subparagraph (C) should read
"laser safety officer (LSO)." and subparagraph (D) should be omitted.
The text of the rule should read as follows:
"(C) laser safety officer (LSO).
"(2) No person shall make, sell, lease, transfer, . . ."
TRD-200405499
In the July 30, 2004, issue of the
Texas Register
(29 TexReg 7369), the Texas Department of Health adopted new 25 TAC §289.233.
Due to an error in the agency's submission, a reference that appears in column
2 on page 7377 is wrong. In the fourth sentence of §289.233(g)(1)(B),
the reference "§289.204(h) of this title..." should be "§289.204(j)
of this title..."
The sentence should read:
"In the case of a single certificate of registration that authorizes more
than one category of use, the category listed in §289.204(j) of this
title...."
TRD-200405500
On August 20, 2004, the director of the Bureau of Radiation Control (bureau),
Texas Department of Health, approved the settlement agreement between the
bureau and Healthsouth Diagnostic Centers of Texas, LP, doing business as
Healthsouth Diagnostic Center of Hurst (registrant-M00643) of Hurst. A total
administrative penalty in the amount of $8,000 was assessed the registrant
for violations of 25 Texas Administrative Code, Chapter 289. Of the total
administrative penalty, $4,000 will be forgiven if the registrant complies
with additional settlement agreement requirements.
A copy of all relevant material is available, by appointment, for public
inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact
Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas
Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by
calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall Street,
Austin, Texas.
TRD-200405494
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: August 30, 2004
On August 19, 2004, the director of the Bureau of Radiation Control (bureau),
Texas Department of Health, approved the settlement agreement between the
bureau and Professional Service Industries, Inc. (licensee-L04946) of San
Antonio. A total administrative penalty in the amount of $5,000 was assessed
the licensee for violations of 25 Texas Administrative Code, Chapter 289.
Of the total administrative penalty, $3,000 will be probated for a period
of one year, and will be forgiven if the licensee complies with additional
settlement agreement requirements.
A copy of all relevant material is available, by appointment, for public
inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact
Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas
Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by
calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall Street,
Austin, Texas.
TRD-200405495
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: August 30, 2004
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.
Amendment number 28 allows for the licensee to utilize a waste exemption
authorized in rule for short-lived, less than 300 day half-life, radionuclides
within established limits, to be buried without regard to its radioactivity
in a Texas Commission on Environmental Quality (TCEQ) permitted Type I municipal
solid waste facility, or certain waste to a hazardous waste site.
The department has determined that the amendment of the license and the
documentation submitted by the licensee provide reasonable assurance that
the licensee's radioactive waste facility is operated in accordance with the
requirements of 25 Texas Administrative Code (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-200405496
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: August 30, 2004
Licensing Actions for Radioactive Materials
TRD-200405534
Cathy Campbell
Director, Office of General Counsel
Department of State Health Services
Filed: September 1, 2004
On August 25, 2004, the director of the Bureau of Radiation Control (bureau),
Texas Department of Health, approved the settlement agreement between the
bureau and Bobby Gene Matthews (Texas Industrial Radiographer Number 002037)
of Huffman. In lieu of the assessment of administrative penalties, the radiographer
is prohibited for five years from functioning as an industrial radiographer
in Texas, obtaining an industrial radiographer certification identification
card in Texas, or obtaining a radioactive materials license in Texas.
A copy of all relevant material is available, by appointment, for public
inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact
Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Department
of State Health Services, 1100 West 49th Street, Austin, Texas 78756-3189,
by calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall
Street, Austin, Texas.
TRD-200405532
Cathy Campbell
Director, Office of General Counsel
Department of State Health Services
Filed: September 1, 2004
On August 20, 2004, the director of the Bureau of Radiation Control (bureau),
Texas Department of Health, approved the settlement agreement between the
bureau and East Texas Medical Center - Pittsburg (registrant-M00171) of Pittsburg.
A total administrative penalty in the amount of $6,000 is assessed the registrant
for violations of 25 Texas Administrative Code, Chapter 289. Of the total
administrative penalty, $3,000 is probated for a period of one year, and will
be forgiven if the registrant complies with additional settlement agreement
requirements.
A copy of all relevant material is available, by appointment, for public
inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact
Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Department
of State Health Services, 1100 West 49th Street, Austin, Texas 78756-3189,
by calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall
Street, Austin, Texas.
TRD-200405531
Cathy Campbell
Director, Office of General Counsel
Department of State Health Services
Filed: September 1, 2004
On August 25, 2004, the director of the Bureau of Radiation Control (bureau),
Texas Department of Health, approved the settlement agreement between the
bureau and Raven Inspection and Testing, Inc. (licensee-L05219) of Huffman.
In lieu of the assessment of administrative penalties, the licensee, its officers,
employees and agents are prohibited from possessing or using radioactive material
in Texas without a license issued by the bureau, and is prohibited from obtaining
a radioactive material license in Texas for a period of five years from the
date of the Order.
A copy of all relevant material is available, by appointment, for public
inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact
Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Department
of State Health Services, 1100 West 49th Street, Austin, Texas 78756-3189,
by calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall
Street, Austin, Texas.
TRD-200405533
Cathy Campbell
Director, Office of General Counsel
Department of State Health Services
Filed: September 1, 2004
The Department of State Health Services licenses general and special hospitals
in accordance with the Health and Safety Code, Chapter 241. In 1995, the Texas
Legislature amended the law to address the release and confidentiality of
health care information. In accordance with Health and Safety Code, §241.154(e),
the fee for providing a patient's health care information has been adjusted
3.0% to reflect the most recent changes to the consumer price index as published
by the Bureau of Labor Statistics (BLS) of the United States Department of
Labor. The BLS measures the average changes in prices of goods and services
purchased by urban wage earners and clerical workers. Health and Safety Code, §241.154
(b) Except as provided by subsection (d), the hospital or its agent may
charge a reasonable fee for providing the health care information and is not
required to permit the examination, copying, or release of the information
requested until the fee is paid unless there is a medical emergency. The fee
may not exceed the sum of:
(1) a basic retrieval or processing fee, which must include the fee for
providing the first 10 pages of copies and which may not exceed $37.09; and
(A) a charge for each page of:
(i) $1.24 for the 11th through the 60th page of provided copies;
(ii) $.62 for the 61st through the 400th page of provided copies;
(iii) $.32 for any remaining pages of the provided copies; and
(B) the actual cost of mailing, shipping, or otherwise delivering the provided
copies; or
(2) if the requested records are stored on any microform or other electronic
medium, a retrieval or processing fee, which must include the fee for providing
the first 10 pages of the copies and which may not exceed $55.64; and
(A) $1.24 per page thereafter; and
(B) the actual cost of mailing, shipping, or otherwise delivering the provided
copies.
(c) In addition, the hospital or its agent may charge a reasonable fee
for:
(1) execution of an affidavit or certification of a document, not to exceed
the charge authorized by, Civil Practice and Remedies Code, §22.004;
and
(2) written responses to a written set of questions, not to exceed $12.36
for a set.
(d) A hospital may not charge a fee for:
(1) providing health care information under Subsection (b) to the extent
the fee is prohibited under Subchapter M, Chapter 161;
(2) a patient to examine the patient's own health care information;
(3) providing an itemized statement of billed services to a patient or
third-party payer, except as provided under §311.002(f); or
(4) health care information relating to treatment or hospitalization for
which workers' compensation benefits are being sought, except to the extent
permitted under Labor Code, Chapter 408.
This is published only as a courtesy to licensed hospitals. Hospitals are
responsible for verifying that any fees charged for health care information
are in accordance with the Health and Safety Code, Chapter 241. If you have
any questions, please contact the Department of State Health Services, Facility
Licensing Group, telephone 512/834-6648.
TRD-200405530
Cathy Campbell
Director, Office of General Counsel
Department of State Health Services
Filed: September 1, 2004
Notice of Adopted Nursing Facility Payment Rates for State Veterans Homes
Notice of Adopted Nursing Facility Payment Rates for State Veterans Homes
As single state agency for the state Medicaid program, the Texas Health
and Human Services Commission (HHSC) adopts the following per diem payment
rates for the four state-owned veterans nursing facilities for state fiscal
year (SFY) 2005 effective September 1, 2004: Big Spring, $126.00; Bonham,
$126.00; Floresville, $126.00; and Temple, $126.00.
HHSC conducted a public hearing on July 12, 2004, to receive public comment
on proposed payment rates for state-owned veterans nursing facilities operated
by the Texas General Land Office and Veterans Land Board. The hearing was
held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g),
which requires public hearings on proposed payment rates. The public hearing
was held on July 12, 2004, at 8:30 a.m., in the Lone Star Room of the Braker
Center Building, at 11209 Metric Blvd., Austin, Texas, 78758-4021.
Methodology and justification. The adopted rates were determined in accordance
with the reimbursement setting methodology at 1 TAC §355.311.
TRD-200405503
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: August 31, 2004
On October 10, 2003, the Health and Human Services Commission (HHSC) procured
the consulting services of MTG Management Consulting, L.L.C. (MTG) to serve
as HHSC's project manager for a pilot program that will use biometric identification
technology to verify Medicaid recipients' identities. HHSC believes the Front-End
Authentication and Fraud Prevention System Pilot (also known as the Medicaid
Integrity Pilot) will help prevent fraud, abuse, or waste in health and human
services programs, as directed by House Bill 2292, 78th Regular Session, Texas
Legislature, 2003.
MTG's primary responsibility under the consulting contract has been to
serve as HHSC's project manager and primary contact with contracted pilot
vendors during the planning, implementation, operation and turnover of the
pilot program. As the project manager, MTG has provided ongoing program oversight,
evaluation of the pilot project vendor's performance, and routine reporting
on project milestones and deliverables. In addition, MTG has supported consideration
of the pilot concept to be combined with other services programs and benefit
delivery concepts. As a result of these efforts, HHSC has identified a need
to perform a feasibility study to analyze the compatibility of the pilot program's
"Smart Card" with other state programs. Specifically, HHSC would like MTG
to evaluate whether the technologies used in the Smart Cards could be used
to create a universal card for services, and provide electronic Medicaid eligibility
verification. This study would build on the work already completed by MTG.
As required by the provisions of Texas Government Code, Chapter 2254, prior
to amending its contract with MTG, HHSC extends this invitation to qualified
and experienced consultants interested in providing the consulting services
described in this notice. Unless a better offer (as determined by HHSC) is
received from another vendor in response to this notice, HHSC intends to enter
into negotiations with MTG to amend its consulting services contract.
Scope of Work:
The Services and Deliverables will include, at a minimum:
(1) Provide project management support of the universal benefit card (UBC)
project and feasibility study, in combination with the related Medicaid Integrity
Project (MIP) project.
(2) Support HHSC in the development of a feasibility study report considering
the integration of the MIP, Electronic Medicaid Eligibility Verification (EMEV),
and Food Stamp EBT on a single card and single platform. Specific tasks will
include:
a. initiation and assessment,
b. alternatives development,
c. alternatives analysis,
d. cost-benefit analysis,
e. project recommendations, and
f. updates based on final pilot results.
(3) In providing the Services and Deliverables, the contractor must ensure
compliance with state and federal laws, rules and regulations governing the
applicable programs.
(4) The selected consultant must provide Services and Deliverables at HHSC's
direction to accommodate HHSC's need for preliminary information to prepare
for the 79th legislature, Regular Session, 2005 and have final recommendations
complete by March 2005. In order to meet this deadline, the selected consultant
must provide deliverables as follows:
a. Submit the final version of the feasibility study, incorporating final
pilot results and input from HHSC, by March 2, 2005.
b. Submit the first draft of the feasibility study to HHSC by December
22, 2004.
c. Complete the cost-benefit analysis by December 15, 2004.
d. Complete alternatives analysis by December 1, 2004.
e. Complete alternatives development by November 24, 2004.
f. Complete background and needs assessment by October 6, 2004.
g. Complete project initiation by September 30, 2004.
Finding of Fact:
HHSC has submitted a request to the Governor's Office of Budget, Planning,
and Policy for a finding of fact that the requested consulting services are
necessary. Execution of a contract is contingent upon receipt of such a finding.
Specifications:
Any consultant submitting an offer in response to this notice must provide
the following:
(1) Consultant's legal name, including type of entity (individual, partnership,
corporation, etc.), and address;
(2) Background information regarding the consultant, including the number
of years in business and the number of employees;
(3) Information regarding the qualifications, education, and experience
of the team members proposed to conduct the requested services;
(4) The hourly rate to be charged for each team member providing services;
(5) The earliest date by which the consultant could begin providing the
services;
(6) A list of five client references, including any State Medicaid Programs
for which consultant has provided consulting services;
(7) A statement of consultant's approach to the project (i.e., the services
described in the Scope of Work section of this notice), any unique benefits
consultant offers HHSC, and any other information consultant desires HHSC
to consider in connection with consultant's offer;
(8) Information to assist HHSC in assessing consultant's demonstrated competence
and experience providing consulting services similar to the services requested
in this notice;
(9) Information to assist HHSC in assessing the consultant's knowledge
and/or capabilities of developing independent feasibility and cost-benefit
studies, Texas Medicaid programs, smart card and biometric technologies associated
with deterring fraud, and specific issues related to the Front-End Authentication
and Fraud Prevention System Pilot;
(10) The following required forms, which are located on its website at
http://www.hhsc.state.tx.us/about_hhsc/Contracting/rfp_attch/attach.html:
a. Child Support Certification;
b. Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered
Contracts;
c. Federal Lobbying Certification;
d. Nondisclosure Statement;
e. Proposer Information; and
f. HUB Subcontracting Plan Forms (Pre-Award). To search for potential HUB
vendors who may perform subcontracting opportunities, respondents may refer
to the Texas Building and Procurement
Commission's Centralized Master Bidders List HUB Directory, which is found
at http://www.tbpc.state.tx.us/cmbl/cmblhub.html. Class and item codes for
potential subcontracting opportunities under this notice, include, but are
not limited to: Class 918 - "Consulting Services;" Item 06 - "Administrative
Consulting," Items 28-29 - "Computer Hardware and Software Consulting," and
Item 58 - "Governmental Consulting."
Failure to submit the required forms will result in HHSC's disqualification
of the offer.
(11) Information to assist HHSC in assessing whether the consultant will
have any conflicts of interest in performing the requested services.
Criteria for Selection:
HHSC intends to negotiate an amendment to the MTG contract unless it receives
a better offer for the desired services. HHSC will make its selection based
on demonstrated competence, knowledge and qualifications, considering the
reasonableness of the proposed fees for services.
How To Respond; Submittal Deadline:
All offers must contain the information requested in the Specifications
section of this notice and be received no later than 5:00 p.m., C.S.T., September
22, 2004. Submissions received after the deadline will not be considered.
Offers must be submitted to Ms. Sherry McCulley, Health and Human Services
Commission, 4900 North Lamar, Austin, Texas, 78751.
Questions:
Questions concerning this notice and all offers in response to this request
should be directed to HHSC's sole point of contact for this notice, Ms. Sherry
McCulley, Health and Human Services Commission, 4900 North Lamar, Austin,
Texas, 78751.
TRD-200405504
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: August 31, 2004
On November 3, 2003, the Health and Human Services Commission (HHSC) hired
Bailit Health Purchasing, L.L.C. (Bailit) to assist with the planning and
development of a value-based procurement for the Medicaid and Children's Health
Insurance Program (CHIP) managed care programs. HHSC believes the value-based
purchasing model will help HHSC deliver managed care services in a more cost-effective
manner, as directed by House Bill 2292, 78th Regular Session, Texas Legislature,
2003.
Bailit's primary responsibility under the consulting contract has been
to help HHSC develop the procurement instrument, evaluation materials, a consolidated
managed care contract, and contract management tools. As a result of these
efforts, HHSC has identified a need for significant revisions to the Texas
Medicaid managed care waivers (see §§1915(b) & (c) of the Social
Security Act). The revisions will reflect HHSC's new approach to purchasing
Medicaid managed care services through the value-based purchasing model. HHSC
has also identified the need to develop a detailed desk manual on how to monitor
value-based managed care contracts.
As required by the provisions of Texas Government Code, Chapter 2254, prior
to amending its contract with Bailit, HHSC extends this invitation to qualified
and experienced consultants interested in providing the consulting services
described in this notice. Unless a better offer (as determined by HHSC) is
received from another vendor in response to this notice, HHSC intends to enter
into negotiations with Bailit to amend its consulting services contract.
Scope of Work:
The Services and Deliverables will include, at a minimum:
(1) Assist with the development of a 1915(b) managed care waiver for Texas
that combines HMO STAR and STAR+PLUS across all areas of the state into a
consolidated document;
(2) Assist with the development of a 1915(c) managed care waiver for Texas
for the long-term care components of STAR+PLUS across all areas of the state
into a consolidated document;
(3) Incorporate value-based purchasing and other new managed care strategies
resulting from the STAR and STAR+PLUS HMO procurement into the managed care
waivers;
(4) Provide guidance and technical assistance to HHSC staff on waiver development
activities;
(5) Assist HHSC in coordinating with the Centers for Medicare and Medicaid
Services (CMS) on activities involved in the approval process, including responding
to questions and preparing additional requested information;
(6) Meet with or be available to HHSC staff for telephone conference calls
at HHSC's request;
(7) Develop a desk manual with detailed policies and procedures on how
to operate a comprehensive managed care contract monitoring function for Medicaid
and CHIP, incorporating requirements from the HMO procurement and using the
contract management tools developed for the procurement; and
(8) Provide technical assistance and training to HHSC staff and contractors
on the desk manual.
In providing the Services and Deliverables, the contractor must ensure
compliance with state and federal laws, rules and regulations governing the
Medicaid and CHIP programs.
The selected consultant must provide Services and Deliverables at HHSC's
direction to accommodate HHSC's implementation of the procurement and re-procurement
of managed care services beginning in July 2005. In order to meet this deadline,
the selected consultant must provide deliverables as follows:
(1) Submit the first draft of each waiver to HHSC by November 15, 2004;
(2) Submit the final version of each waiver, incorporating input from HHSC,
by December 15, 2004;
(3) Respond to questions and make revisions based on CMS' comments as needed
throughout the CMS approval process;
(4) Submit outline of draft desk manual by November 15, 2004;
(5) Submit first draft of desk manual by January 15, 2004;
(6) Submit final version of desk manual to HHSC by February 15, 2004; and
(7) Provide training and follow up assistance as requested by HHSC on implementing
the desk manual.
Finding of Fact:
HHSC has submitted a request to the Governor's Office of Budget, Planning,
and Policy for a finding of fact that the requested consulting services are
necessary. Execution of a contract is contingent upon receipt of such a finding.
Specifications:
Any consultant submitting an offer in response to this Invitation must
provide the following:
(1) Consultant's legal name, including type of entity (individual, partnership,
corporation, etc.), and address;
(2) Background information regarding the consultant, including the number
of years in business and the number of employees;
(3) Information regarding the qualifications, education, and experience
of the team members proposed to conduct the requested services;
(4) The hourly rate to be charged for each team member providing services;
(5) The earliest date by which the consultant could begin providing the
services;
(6) A list of five client references, including any state Medicaid or CHIP
programs for which consultant has provided consulting services;
(7) A statement of consultant's approach to the project (i.e., the services
described in the Scope of Work section of this notice), any unique benefits
consultant offers HHSC, and any other information consultant desires HHSC
to consider in connection with consultant's offer;
(8) Information to assist HHSC in assessing consultant's demonstrated competence
and experience providing consulting services similar to the services requested
in this notice;
(9) Information to assist HHSC in assessing the consultant's knowledge
of development of federal Medicaid 1915(b) and 1915(c) waivers, the Texas
Medicaid managed care programs, value-based purchasing, and development of
managed care contract monitoring policies and procedures;
(10) The following required forms, which are located on its website at
http://www.hhsc.state.tx.us/about_hhsc/Contracting/rfp_attch/attach.html:
(a) Child Support Certification;
(b) Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered
Contracts;
(c) Federal Lobbying Certification;
(d) Nondisclosure Statement;
(e) Proposer Information; and
(f) HUB Subcontracting Plan Forms (Pre-Award). To search for potential
HUB vendors who may perform subcontracting opportunities, respondents may
refer to the Texas Building and Procurement Commission's Centralized Master
Bidders List HUB Directory, which is found at http://www.tbpc.state.tx.us/cmbl/cmblhub.html.
Class and item codes for potential subcontracting opportunities under this
notice, include, but are not limited to: Class 918 - "Consulting Services;"
Item 06 - "Administrative Consulting," Item 58 - "Governmental Consulting,"
and Item 78 "Medical Consulting."
Failure to submit the required forms will result in HHSC's disqualification
of the offer.
(11) Information to assist HHSC in assessing whether the consultant will
have any conflicts of interest in performing the requested services.
Criteria for Selection:
HHSC intends to negotiate an amendment to the Bailit contract unless it
receives a better offer for the desired services. HHSC will make its selection
based on demonstrated competence, knowledge and qualifications, considering
the reasonableness of the proposed fees for services.
How To Respond; Submittal Deadline:
All offers must contain the information requested in the Specifications
section of this notice and be received no later than 5:00 p.m., C.S.T., on
Thursday, September 30, 2004.. Submissions received after the deadline will
not be considered. Offers must be submitted to Ms. Jill Melton, Health and
Human Services Commission, 11209 Metric Blvd., Building H, Austin, Texas,
78758.
Questions:
Questions concerning this invitation and all offers in response to this
notice should be directed to HHSC's sole point of contact regarding this notice,
Ms. Jill Melton, Health and Human Services Commission, 11209 Metric Blvd.,
Building H, Austin, Texas, 78758, 512/491-1300.
TRD-200405505
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: August 31, 2004
Notice of Public Hearings--Community Services Block Grant and Community Food and Nutrition Program
As part of the public information consultation and public hearings requirements
for the Community Services Block Grant, a federal block grant, the Texas Department
of Housing and Community Affairs (TDHCA) is conducting four public hearings.
The Department recently issued a public notice describing the purpose of the
CSBG Public Hearings. The Department is expanding the purpose of the hearings
to include the solicitation of comments on the proposed use and distribution
of federal fiscal year (FFY) 2006-2007 funds provided under the Community
Services Block Grant (CSBG) and the Community Food and Nutrition Program (CFNP).
At the hearings, the Department will discuss CSBG formula changes, the proposed
use and distribution of federal fiscal year (FFY) 2005-2007 CSBG funds, the
intended use of CFNP funds for 2005-2007, the implementation of CSBG National
Performance Indicators in 2005, and the requirement in 2006 for CSBG contractors
to begin reporting performance data utilizing the CSBG National Performance
Indicators. The CSBG National Performance Indicators, set forth by the U.S.
Department of Health and Human Services, are a set of performance indicators
of 12 broad outcome measures that will capture the most universal accomplishments
of CSBG agencies. The CSBG fund distribution formula change, effective January
1, 2005, will incorporate 2000 U.S. Census population figures at 125% of poverty,
a $50,000 base, a $150,000 floor, a 98% weight to the poverty population factor,
and a 2% weight to the population density factor.
The schedule for the four public hearings is as follows:
Monday, September 27, 2004
6:00 p.m.
City of El Paso
City Council Chambers
2 Civic Center Plaza, 2nd floor
El Paso, TX 79901
Tuesday, September 28, 2004
3:00 p.m.
Dallas Public Library
West Room
1515 Young Street
Dallas, TX 75201
Wednesday, September 29, 2004
10:30 a.m.
San Antonio City Council Chambers
114 W. Commerce
San Antonio, TX 78205
Thursday, September 30, 2004
5:00 p.m.
Tyler Public Library
201 South College Avenue
Tyler, TX 75702
Individuals who require auxiliary aids or services should contact Gina
Esteves, ADA Responsible Employee, at least two days before the scheduled
hearing at (512) 475-3943 or Relay Texas at 1-800-735-2989 so that appropriate
arrangements can be made.
Non-English speaking individuals who require interpreters for this meeting
should contact Delores Groneck, (512) 475-3934 at least three days before
the meeting so that appropriate arrangements can be made.
Personas que hablan español y requieren un intérprete, favor
de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos
tres dias antes de la junta para hacer los preparativos apropriados.
A representative from TDHCA will be present to explain the planning process
and receive comments from interested citizens and affected groups regarding
the proposed plans. Intended Use Reports may be obtained on or about September
20, 2004 by contacting the Texas Department of Housing and Community Affairs,
Community Affairs Division, P. O. Box 13941, Austin, Texas 78711-3941. For
questions, contact the Community Services Section at (512) 475-3905. Comments
on the intended use of funds may be in the form of written comments or oral
testimony at the hearings. Written comments may be submitted to TDHCA at the
time of the hearings or by mail no later than October 1, 2004.
TRD-200405522
Edwina Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: September 1, 2004
Company Licensing
Application for admission to the State of Texas by NORTH POINTE INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in Southfield,
Michigan.
Application for incorporation to the State of Texas by MOLINA HEALTHCARE
OF TEXAS, INC., a domestic Health Maintenance Organization (HMO). The home
office is in Fort Worth, Texas.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas, 78701, within 20 days after this notice is published in the
Texas Register
.
TRD-200405519
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: September 1, 2004
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 PRIME THERAPEUTICS, LLC., a foreign
third party administrator. The home office is WILMINGTON, DELAWARE.
Any objections must be filed within 20 days after this notice is published
in the Texas Register, addressed to the attention of Matt Ray, MC 107-1A,
333 Guadalupe, Austin, Texas 78701.
TRD-200405520
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: September 1, 2004
Request for Applications - FY05 Grants for Indigent Defense
FY05 Formula and Discretionary Grant Program Task Force on Indigent Defense.
Visit website at www.courts.state.tx.us/tfid for more information. Contact:
Bryan Wilson, Grants Administrator Phone: (512) 936-6994
TRD-200405421
Jim Bethke
Director, Task Force on Indigent Defense
Texas Judicial Council
Filed: August 27, 2004
Instant Game No. 478 "Find the 9's"
1.0 Name and Style of Game.
A. The name of Instant Game No. 478 is "FIND THE 9’S". The play style
is "match up with prize legend".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 478 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 478.
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 and 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:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a 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 $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 (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 (478), 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: 478-0000001-000.
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
(5). 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 No. 478 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 (6) Play Symbols. If the player reveals three (3) 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 (6) 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 (6)
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 (6) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the six (6) 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 (2) sets of three (3) matching prize amounts.
C. No prize amount will appear more than three (3) times on a ticket.
D. No ticket will contain one (1) or more "9" symbols and three (3) 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 $999, 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 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 "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 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "FIND THE 9’S" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 19,920,000
tickets in the Instant Game No. 478. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 478 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. 478,
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-200405377
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 25, 2004
1.0 Name and Style of Game.
A. The name of Instant Game No. 495 is "HOT 50’S". The play style
is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 495 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 495.
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, $4.00, $5.00, $10.00, $20.00,
$50.00, $200, $1,000, $25,000, 1 SYMBOL, 2 SYMBOL, 3 SYMBOL, 4 SYMBOL, 5 SYMBOL,
6 SYMBOL, 7 SYMBOL, 8 SYMBOL, 9 SYMBOL, 10 SYMBOL, 11 SYMBOL, 12 SYMBOL, 13
SYMBOL, 14 SYMBOL, 15 SYMBOL, 16 SYMBOL, 17 SYMBOL, 18 SYMBOL, 19 SYMBOL,
20 SYMBOL, FLAME SYMBOL, and CHILI PEPPER 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:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a 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, $5.00, $8.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $50.00, or $200.
I. High-Tier Prize- A prize of $1,000 or $25,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (495), 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: 495-0000001-000.
L. Pack - A pack of "HOT 50’S" Instant Game tickets contains 250
tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2).
Tickets 000 and 001 are on the top page, tickets 002 and 003 are on the next
page, and so forth, and tickets 248 and 249 on the last page. Please note
the books will be in an A - B configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "HOT
50’S" Instant Game No. 495 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 "HOT 50’S"
Instant Game is determined once the latex on the ticket is scratched off to
expose twenty-two (22) Play Symbols. If a player matches any of the YOUR NUMBERS
to either WINNING NUMBER, the player will win the prize for that number. If
the player gets a fire symbol, the player will win the prize shown instantly.
If the player gets a chili pepper symbol, the player will win triple 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 twenty-two (22) 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 twenty-two
(22) 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 twenty-two (22) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the twenty-two (22) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical "spot for spot"
play data.
B. No duplicate non-winning Your Numbers play symbols on a ticket.
C. No duplicate Winning Numbers play symbols on a ticket.
D. No three or more like non-winning prize symbols on a ticket.
E. No more than one pair of duplicate non-winning prize symbols on a ticket.
F. The auto win symbol will never appear more than once on a ticket.
G. Non-winning prize symbols will never be the same as the winning prize
symbol(s).
H. No prize amount in a non-winning spot will correspond with the Your
Numbers play symbol (i.e. 5 and $5).
I. The tripler symbols will never appear more than once on a ticket.
J. The triple and the auto win symbol will never appear together on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "HOT 50’S" Instant Game prize of $2.00, $5.00, $8.00,
$10.00, $20.00, $50.00, or $200, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim
and, if valid, and upon presentation of proper identification, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot verify
the claim, the Texas Lottery Retailer shall provide the claimant with a claim
form and instruct the claimant on how to file a claim with the Texas Lottery.
If the claim is validated by the Texas Lottery, a check shall be forwarded
to the claimant in the amount due. In the event the claim is not validated,
the claim shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described in Section
2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "HOT 50’S" Instant Game prize of $1,000 or $25,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery’s Claim Centers. If the claim is validated by the Texas Lottery,
payment will be made to the bearer of the validated winning ticket for that
prize upon presentation of proper identification. When paying a prize of $600
or more, the Texas Lottery shall file the appropriate income reporting form
with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "HOT 50’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 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 "HOT 50’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 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "HOT 50’S" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000
tickets in the Instant Game No. 495. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
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. 495 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. 495,
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-200405378
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 25, 2004
Notice of Application for a Certificate to Provide Retail Electric Service
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on August 25, 2004, for retail electric provider
(REP) certification, pursuant to §§39.101 - 39.109 of the Public
Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Dynowatt LP for Retail Electric
Provider (REP) certification, Docket Number 30125 before the Public Utility
Commission of Texas.
Applicant's requested service area by geography includes the entire State
of Texas.
Persons wishing 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
September 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 30125.
TRD-200405514
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 31, 2004
Notice is given to the public of an application filed on August 27, 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 Renner Zone (Dallas) and Carrollton Exchanges. Docket Number 30129.
The Application: Southwestern Bell Telephone, L.P. d/b/a SBC Texas filed
an application to amend the certificated service area boundary of its Renner
Zone (Dallas Metropolitan Exchange) and the Carrollton Exchange of Verizon.
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 of service area boundary is being filed to accurately
illustrate the common serving area boundary to be consistent with the way
this boundary is being administered by both companies.
Persons wishing to intervene or comment on the action sought should contact
the Public Utility Commission of Texas by September 24, 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 30129.
TRD-200405515
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 31, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on August 23, 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 Airespring, Incorporated for a
Service Provider Certificate of Operating Authority, Docket Number 30119 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
September 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 30119.
TRD-200405382
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 25, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on August 24, 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 TeleCommunication Systems, Incorporated
for a Service Provider Certificate of Operating Authority, Docket Number 30121
before the Public Utility Commission of Texas.
Applicant intends to provide E9-1-1 Selective Routing Services and associated
tandem call switching of E9-1-1 calls.
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
September 15, 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 30121.
TRD-200405384
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 25, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on August 25, 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 AGM Telecom Corporation for a Service
Provider Certificate of Operating Authority, Docket Number 30124 before the
Public Utility Commission of Texas.
Applicant intends to provide inmate collect call and prepaid phone services
to correctional facilities.
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
September 15, 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 30124.
TRD-200405513
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 31, 2004
Notice of Intent to Seek Consulting Services
In compliance with the provisions of Texas Government Code, Chapter 2254,
Sam Houston State University in Huntsville, Texas, solicits Invitation For
Offer (IFO) for a consultant for the university’s first capital fund-raising
campaign. The Chancellor of The Texas State University System and the President
of Sam Houston State University have made a fact of finding that the consulting
services are necessary and Sam Houston State University does not have the
in-house expertise to conduct the campaign. It is the intent of the university
to award this contract to Cargill Associates, Ft. Worth, Texas, who has provided
previous work of this nature, unless an offer of better value is received.
The chosen consulting firm will consult both on campus and from the consultant’s
offices. The firm will work with the administration, volunteers, and staff
to instruct them with regard to major gift fund-raising activities and provide
detailed campaign procedures in writing. The firm will provide a fee range
for a one-to-two year relationship based on the length of the campaign, which
is expected to run approximately three years.
The chosen consulting firm will be responsible for the following: 1) Work
with the development staff compiling a case for support 2) Develop a comprehensive
campaign plan, volunteer organization, and scheduling 3) Educate the faculty,
staff, and supporters regarding the campaign 4) Assist with a program to create
awareness about the campaign and involve major donors and prospects 5) Assist
with identification of prospects and enlistment and training of campaign volunteers,
providing job descriptions and materials for volunteers and staff 6) Assist
with writing and preparing all campaign-related printed materials and campaign
video and PowerPoint® presentation 7) Orchestrate and solicit certain
major gifts 8) Conduct research for qualified foundation and corporation prospects
and assist with proposal preparation 9) Develop resources for a system to
acknowledge, record, and track campaign pledges and assist with implementing
a follow-up program for the collection of pledges 10) Assist with a program
for donor and volunteer recognition.
Selection criteria will be based on the best value which will be determined
by the university, and cover such areas as previous experience, client references
and responsibilities listed in this IFO.
Because the value of the contract is expected to exceed $100,000, a HUB
Subcontracting Plan must be submitted with the IFO. The university will take
responsibility for printing, mail-outs, advertising and other related responsibilities.
For information regarding the HUB Subcontracting Plan contact the Director
of Purchasing/HUB Coordinator, John Hitzeman at 936-294-1894.
Persons interested in a complete IFO should contact Dan Fry, Purchaser,
Purchasing Department, Sam Houston State University, 936-294-1941, for complete
IFO requirements.
All IFO’s must be received in the office of Dan Fry, Purchaser, Purchasing
Department, P. O. Box 2028, 1903 University Ave. Estill Bldg. Rm. 330, Huntsville,
Texas 77340, no later than 3:00 pm, October 4, 2004.
TRD-200405512
James F. Gaertner
President
Sam Houston State University
Filed: August 31, 2004
Request for Proposal Addendum #5
RFP MAIN 04-0020
The President of Texas A&M University has affirmed the necessity of
these consulting services for assisting in the creation of a strategic direction
of Voice over IP deployment (VoIP).
Addendum information concerning addenda 1-6 is available on the Electronic
State Business Daily under RFP MAIN 04-0020.
Information may be obtained by contacting:
Mary Sue Goldwater, CTPM, C.P.M.
Associate Director of Purchasing Services
Texas A&M University
P.O. Box 30013
College Station, Texas 77842-0013
Or e-mail at ms-goldwater@tamu.edu
Proposals must be received before 5:00 p.m. on September
30, 2004
TRD-200405438
Thelma Isenhart
Assistant Executive Secretary to the Board
Texas A&M University, Board of Regents
Filed: August 27, 2004
Notice of Public Hearing on Proposed Municipal Restrictions on Use of State Highway
The Texas Department of Transportation (department) will conduct a public
hearing to receive comments on a proposed restriction initiated by the department
establishing lane use restrictions for certain classes of vehicles on Interstate
Highway 45 in Harris County from Greens Road to the Harris/Montgomery county
line.
In accordance with Transportation Code, §545.0651, and 43 TAC §§25.601-25.604,
the department is proposing to initiate a lane use restriction applicable
to trucks, as defined in Transportation Code, §541.201, with three or
more axles, and to truck tractors, also as defined in Transportation Code, §541.201,
regardless of whether the truck tractor is drawing another vehicle or trailer.
The proposed restriction would prohibit those vehicles from using the left
or inside lane on Interstate Highway 45 from the Montgomery/Harris county
line extending southward and ending at Greens Road in the City of Houston.
The proposed restriction is consistent with and extends a lane use restriction
on Interstate Highway 45 adopted by the City of Houston.
The proposed restrictions would apply 24 hours a day, 7 days a week, and
would allow the operation of those vehicles in a prohibited traffic lane for
the purposes of passing another vehicle or entering or exiting the highway.
In accordance with 43 TAC §25.603(f)-(h), the department will evaluate
the impact of the proposed restriction’s compliance with the requirements
of Transportation Code, §545.0651 and 43 TAC §§25.601-25.604,
and will hold a public hearing to receive comments on the proposed restriction.
The hearing will be held at 4:00 p.m. on Tuesday, September 21, 2004,
at the following location:
Texas Department of Transportation
Houston District Headquarters, Main Conference Room
7721 Washington Avenue
Houston, Texas 77007
All interested citizens are invited to attend the hearing and to provide
input. Those desiring to make official comments may register starting at 3:30
p.m. Oral and written comments may be presented at the public hearing or written
comments may be submitted by regular postal mail during the public comment
period. Written comments may be submitted to Mr. Gary K. Trietsch, District
Engineer, Houston District, Texas Department of Transportation, P.O. Box 1386,
Houston, Texas 77251-1386. The deadline for receipt of written comments is
5:00 p.m. on October 11, 2004.
Persons with disabilities who plan to attend the public hearing and who
may need auxiliary aids or services such as interpreters for persons who are
deaf or hearing impaired, readers, large print, or Braille, are requested
to contact James Keener at (713) 802-5185 at least two business days prior
to the hearing so that appropriate arrangements can be made. For more information
concerning the public hearing, please contact James Keener.
TRD-200405517
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: September 1, 2004
Request for Proposals for Aviation Engineering Services: The Airport Sponsors
through their agent, the Texas Department of Transportation (TxDOT), intend
to engage aviation professional engineering firms 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 Caldwell, Caldwell Municipal Airport. TxDOT CSJ
No.:0517CALDW Scope: Provide engineering/design services to install runway
exit and hold signs; rehabilitate parallel and stub taxiway; rehabilitate
and mark runway 15-33; rehabilitate hangar access taxiway and rehabilitate
apron. The HUB goal is set at 8%. TxDOT Project Manager is Charles Graham.
Grant Manager is Amy Deason. Please submit four completed, unfolded copies
of Form AVN 550.
Airport Sponsor: The City of Cameron, Cameron Municipal Airpark, TxDOT
CSJ No. 0517CMRON, Scope: To provide engineering/design services to rehabilitate
Runway 16-34 and stub taxiway, mark Runway 16-34, reconstruct apron, replace
rotating beacon & tower, improve runway safety area, replace segmented
circle. The HUB goal is set at 7%. TxDOT Project Manager is John Wepryk, P.E.
Grant Manager is Sheri Quinlan. Please submit four completed, unfolded copies
of Form AVN 550.
Airport Sponsor: The City of Clifton, Clifton Municipal Airport, TxDOT
CSJ No. 0509CLFTN Scope: Provide engineering/design services for Rehabilitate
RW 14-32, Mark Runway 14-32, Rehabilitate & Mark Taxiways, Rehabilitate
Aprons, Replace LIRL with MIRL Runway 14-32, Install Signage, Replace Rotating
Beacon with Rotating Beacon and Tower at the Clifton Municipal Airport. The
DBE goal is set at 5%. TxDOT Project Manager is Harry Lorton, P.E. Grant Manager
is Sheri Quinlan. Please submit six completed, unfolded copies of Form AVN
550.
Airport Sponsor: Brooks County, Brooks County Airport. TxDOT CSJ No.:0421FALRS
Scope: Provide engineering/design services to: Extend RW 17-35 RW 35 end;
Install PAPI-4 RW 17-35; Mark RW 17-35; Overlay and mark section of RW 14-32;
Construct partial parallel TW to RW 35 end; Overlay RW 17-35; Enlarge turnaround
RW 17 end; Extend MIRL RW 17-35 RW 35 end; Overlay apron, south end; Overlay &
mark TW "A;" Install perimeter fence; Overlay & mark TW "E" Prepare site
for runway 35 extension and install erosion/sedimentation controls. The DBE
goal is set at 8%. TxDOT Project Manager is Harry Lorton, P.E. Grant Manager
is Amy Deason. Please submit six completed, unfolded copies of Form AVN 550.
Airport Sponsor: City of Hearne, Hearne Municipal Airport. TxDOT CSJ No.:0517HEARN
Scope: Provide engineering/design services to Rehabilitate apron, rehabilitate
and mark runway 18-36, rehabilitate and mark parallel and cross taxiways and
install signage. The DBE goal is set at 7%. TxDOT Project Manager is Charles
Graham. Grant Manager is Amy Deason. Please submit four completed, unfolded
copies of Form AVN 550.
Airport Sponsor: Jim Hogg County, Jim Hogg County Airport, TxDOT CSJ No.
0521HEBRN, Scope: To provide engineering/design services to rehabilitate and
mark taxiways and Runway 13-31, rehabilitate apron, install PAPI-4 at the
Jim Hogg County Airport. The DBE goal is set at 10%. TxDOT Project Manager
is John Wepryk, P.E.
Grant Manager is Sheri Quinlan. Please submit five completed, unfolded
copies of Form AVN 550.
Airport Sponsor: City Of Lampasas, Lampasas Municipal Airport. TxDOT CSJ
No.:0523LMPAS Scope: Provide engineering/design services to rehabilitate runway
16-34; mark runway 16-34; rehabilitate and mark partial parallel taxiway;
rehabilitate and mark stub taxiway; rehabilitate and mark turnaround runway
16 end; rehabilitate and reconstruct north hangar access taxiway; rehabilitate
south hangar access taxiway; reconstruct and rehabilitate apron. The DBE goal
is set at 8%. TxDOT Project Manager is Charles Graham. Grant Manager is Amy
Deason. Please submit eight completed, unfolded copies of Form AVN 550.
Airport Sponsor: City of Levelland and Hockley County, Levelland Municipal
Airport. TxDOT CSJ No.:0505LVLND Scope: Provide engineering/design services
to rehabilitate and mark parallel and stub taxiways; rehabilitate apron; rehabilitate
and mark runway 17-35; rehabilitate and mark runway 8-26; install PAPI runway
35 end; rehabilitate hangar access taxiways. The DBE goal is set at 6%. TxDOT
Project Manager is Bijan Jamalabad, P.E. Grant Manager is Amy Deason. Please
submit six completed, unfolded copies of Form AVN 550.
Airport Sponsor: City of Littlefield, Littlefield Municipal Airport. TxDOT
CSJ No.:0505LTFLD Scope: Provide engineering/design services to rehabilitate
apron; replace rotating beacon and tower; rehabilitate and mark runway 1-19
and rehabilitate and mark parallel. The DBE goal is set at 7%. TxDOT Project
Manager is Bijan Jamalabad, P.E. Grant Manager is Amy Deason. Please submit
four completed, unfolded copies of Form AVN 550.
Airport Sponsor: Ochiltree County and the City of Perryton, Perryton/Ochiltree
County Airport. TxDOT CSJ No.:0504PERRY Scope: Provide engineering/design
services Repair/rehab and mark RW 17-35 and Repair/rehab and Mark parallel
taxiway. The DBE goal is set at 8%. TxDOT Project Manager is Charles Graham.
Grant Manager is Amy Deason. Please submit six completed, unfolded copies
of Form AVN 550.
Airport Sponsor: Reagan County, Reagan County Airport. TxDOT CSJ No.:0507BGLKE
Scope: Provide engineering services to design and construct new apron; construct
new stub taxiway; and install precision approach path indicator -2 Runway
16-34 and other miscellaneous items. The HUB goal is set at 5%. TxDOT Project
Manager is Steve Roth. Grant Manager is Edie Stimach. Please submit five completed,
unfolded copies of Form AVN 550.
Airport Sponsor: City of Tahoka, T-Bar Airport. TxDOT CSJ No.:0505TAHOK
Scope: Provide engineering/design services to overlay and mark stub taxiway;
overlay and mark runway 17-35; overlay apron and replace LIRL with MIRL runway
17-35. The HUB goal is set at 7%. TxDOT Project Manager is Charles Graham.
Grant Manager is Amy Deason. Please submit four completed, unfolded copies
of Form AVN 550.
Airport Sponsor: Trinity County and City of Groveton, Groveton-Trinity
County Airport. TxDOT CSJ No.:0511GRVTN Scope: Provide engineering/design
services to rehabilitate the runway, cross taxiway, and apron; mark the runway;
install new rotating beacon and tower; and install new segmented circle. The
HUB goal is set at 6%. TxDOT Project Manager is Russell Deason. Grant Manager
is Edie Stimach. Please submit six completed, unfolded copies of Form AVN
550.
Interested firms shall utilize the latest version of 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 addressed above.
Utilization of Form 550 from a previous download may not be the exact same
format. Form 550 is an MS Word Template).
Proposals must be postmarked by U. S. Mail by midnight October 1, 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 October 4, 2004; overnight address: TxDOT, Aviation Division, 200 E. Riverside
Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. October
4, 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.
For more information on these requests for proposals go to the Aviation
Consultant Contracts web page or contact the project specific grant manager
for any procedural questions and the project manager for technical questions
at 1-800-68-PILOT (74568).
TRD-200405502
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: August 31, 2004
Request for Proposals for Aviation Professional Services: The Airport Sponsor’s
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: The City of Mesquite, Mesquite Metro Airport, TxDOT CSJ
No. 0518MSQTE, 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 DBE goal is set
at 0%. TxDOT Project Manager is Bruce Ehly. Four unfolded copies of Form AVN-551
are requested.
Airport Sponsor: Texas State Technical College-Waco, Texas State Technical
College-Waco Airport, TxDOT CSJ No. 0509TSTCW, Scope: Prepare an Airport Development
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
Michelle Hannah. Five unfolded copies of Form AVN-551 are requested.
Airport Sponsor: The City of Ennis, Ennis Municipal Airport, TxDOT CSJ
No. 0518ENNIS, Scope: The project is a feasibility study to examine the need
for a new, replacement airport. Possible future projects may include site
selection, environmental assessment and Airport Master Plan should it be determined
that a new airport is necessary. The HUB goal is set at 0%. TxDOT Project
Manager is Bruce Ehly. Five unfolded copies of Form AVN-551 are requested.
For more information on these requests for proposals, go to the Aviation
Consultant Contracts or contact Sheri Quinlan, Grant Manager, for any procedural
questions and the assigned Project Manager for technical questions at 1-800-68-PILOT
(74568).
http://www.dot.state.tx.us/business/avnconsultinfo.htm
Interested firms shall utilize the Form AVN-551, titled "Aviation Planning
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. Utilization of
Form 551 from a previous download may not be the exact same format. Form 551
is an MS Word Template).
Form AVN- 551 must be postmarked by U. S. Mail by midnight October 4, 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 October 5, 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. October
5, 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 final selection by the 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 a case, selection will be made following interviews.
TRD-200405501
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: August 31, 2004
Coastal Coordination Council
Office of Consumer Credit Commissioner
Texas Commission on Environmental Quality
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Proposed Enforcement Orders
Texas Ethics Commission
Texas Department of Health
Correction of Error
Notice of Agreed Order with Healthsouth Diagnostic Centers of Texas, LP, dba Healthsouth Diagnostic Center of Hurst
Notice of Agreed Order with Professional Services Industries, Inc.
Notice of Amendment Number 28 to the Radioactive Material License of Waste Control Specialists, LLC
Department of State Health Services
Notice of Agreed Order with Bobby Gene Matthews
Notice of Agreed Order with East Texas Medical Center - Pittsburg
Notice of Agreed Order with Raven Inspection and Testing, Inc.
Notice of Maximum Fees Allowed for Providing Health Care Information Effective September 6, 2004
Texas Health and Human Services Commission
Notice of Intent to Amend Consulting Contract
Notice of Intent to Amend Consulting Contract
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Third Party Administrator Applications
Texas Judicial Council
Texas Lottery Commission
Instant Game No. 495 "Hot 50's"
Public Utility Commission of Texas
Notice of Application for Amendment to Certificated Service Area Boundary
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Sam Houston State University
Texas A&M University, Board of Regents
Texas Department of Transportation
Request for Proposals for Aviation Engineering Services
Requests for Proposals for Aviation Professional Services
University of Houston System