TITLE in-addition

Department of Aging and Disability Services

Open Solicitation #2 for Burleson County

Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 Texas Administrative Code (TAC) §19.2324(c), secondary selection process, the Department of Aging and Disability Services (DADS) is announcing an open solicitation period of 30 days, effective the date of this public notice, for Burleson County, County #026 . Medicaid nursing facility occupancy rates in Burleson County exceeded the 90% occupancy threshold for six consecutive months during the period of May 2004 through October 2004 . The county occupancy rates for each month of that period were: 98.9%, 99.0%, 94.6%, 99.0%, 100.0%, 98.7% . In accordance with the requirements contained in 40 TAC §19.2324(c), DADS will allocate up to 90 Medicaid beds to an eligible applicant that desires to construct a new nursing facility or to construct an addition to an existing nursing facility. Applicants for additional Medicaid beds must demonstrate a history of quality care as specified in 40 TAC §19.2322(e). Applicants must submit a written reply as described in 40 TAC §19.2324(c)(4) to Joe D. Armstrong, Department of Aging and Disability Services, Licensing and Credentialing Section, Regulatory Services, Mail Code E-342, P.O. Box 149030, Austin, Texas 78714-9030. The written reply must be received by DADS before the close of business March 7, 2005, the published ending date of the open solicitation period. If one or more applicants are eligible for additional Medicaid beds, DADS will allocate Medicaid beds in accordance with 40 TAC §19.2324(c)(5). If no application for the secondary selection process is received or if no applicant meets the requirements in §19.2324(c), no further solicitation will occur.

TRD-200500336

Phoebe Knauer

General Counsel

Department of Aging and Disability Services

Filed: January 25, 2005


Open Solicitation #2 for Terry County

Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 Texas Administrative Code (TAC) §19.2324(c), secondary selection process, the Department of Aging and Disability Services (DADS) is announcing an open solicitation period of 30 days, effective the date of this public notice, for Terry County, County #223 . Medicaid nursing facility occupancy rates in Terry County exceeded the 90% occupancy threshold for six consecutive months during the period of May 2004 through October 2004 . The county occupancy rates for each month of that period were: 93.4%, 92.1%, 91.9%, 90.7%, 92.5%, 91.2% . In accordance with the requirements contained in 40 TAC §19.2324(c), DADS will allocate up to 90 Medicaid beds to an eligible applicant that desires to construct a new nursing facility or to construct an addition to an existing nursing facility. Applicants for additional Medicaid beds must demonstrate a history of quality care as specified in 40 TAC §19.2322(e). Applicants must submit a written reply as described in 40 TAC §19.2324(c)(4) to Joe D. Armstrong, Department of Aging and Disability Services, Licensing and Credentialing Section, Regulatory Services, Mail Code E-342, P.O. Box 149030, Austin, Texas 78714-9030. The written reply must be received by DADS before the close of business March 7, 2005, the published ending date of the open solicitation period. If one or more applicants are eligible for additional Medicaid beds, DADS will allocate Medicaid beds in accordance with 40 TAC §19.2324(c)(5). If no application for the secondary selection process is received or if no applicant meets the requirements in §19.2324(c), no further solicitation will occur.

TRD-200500335

Phoebe Knauer

General Counsel

Departement of Aging and Disability Services

Filed: January 25, 2005


Public Notice Announcing Pre-application Orientation (PAO) for Enrollment of Medicaid Waiver Program Providers

The Department of Aging and Disability Services (DADS) will hold a Pre-Application Orientation (PAO) for persons seeking to participate as a program provider in the Home and Community-Based Services (HCS) Program.

The PAO will be held at 8:30 a.m., Monday, May 9, 2005, in Austin, Texas at the J. J. Pickle Center. Persons wanting to attend the PAO must request a registration form by mail or by fax. Mailed requests must be addressed to Bill Fordyce, Enrollment/Sanctions Manager, Provider Services Division, DADS, P.O. Box 149030 MC W-535, Austin, Texas 78714-9030. Faxed requests must be made to (512) 438-3555.

Upon an applicant's written request, DADS will provide the applicant with information regarding the provider application and enrollment processes and a registration form for the PAO. To attend the PAO, an applicant must submit a completed registration form to DADS in a timely manner. DADS considers a completed registration form submitted in a timely manner only under the following conditions: (1) if mailed via the US Postal Service, the completed registration form bears a postmark date no later than April 11, 2005; (2) if sent via a common or contract carrier, a receipt by the carrier shows that it was placed in the hands of the carrier no later than April 11, 2005; or (3) if hand delivered, it is delivered directly to the Provider Services Division, DADS, 701 W. 51st Street, MC W-535, Austin, Texas, no later than April 11, 2005.

Persons requiring an interpreter for the deaf or hearing impaired or other accommodation must contact Bill Fordyce at (512) 438-3544 or the TTY phone number of Texas Relay at 1-800-735-2988 at least 72 hours before the PAO. Bill Fordyce may also be contacted for any other information concerning the PAO.

TRD-200500264

Phoebe Knauer

General Counsel

Department of Aging and Disability Services

Filed: January 20, 2005


Office of the Attorney General

Texas Clean Air Act and Texas Water Code Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act and Texas Water Code. Before the State may settle a judicial enforcement action under the Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Case Title and Court: Harris County, Texas and the State of Texas, by and through the Texas Commission on Environmental Quality v. Equistar Chemicals, LP , Cause No. 2004-68487; in the 61st Judicial District Court, Harris County, Texas.

Nature of Defendant's Operations: Defendant is in the chemical manufacturing business. Defendant reported the release of ethylene oxide from its unit of which amount exceeded the permitted level allowed. This release violated the Texas Clean Air Act, as well as the Air Quality Permit.

Proposed Agreed Judgment: Defendant agrees to the State and Harris County $15,750.00 in civil penalties and $1,600.00 in attorney's fees of which both amounts will be split equally between Harris County and State of Texas, plus all court costs.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment and Permanent Injunction should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Lisa Sanders Richardson, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

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

TRD-200500349

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: January 26, 2005


Texas Building and Procurement Commission

Request for Proposal

RFP Number: #303-5-10652

Opening Date/Time: February 24, 2005 at 3:00 PM

Description: Lease requirement for approximately 7,147 sq. ft. of Laboratory Space in Garland, Dallas County, Texas

Agency: Department of Public Safety (DPS)

Purchaser/Contact: Kenneth Ming (512) 463-2743 or through the Electronic State Business Daily at:

http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=57374

TRD-200500358

Mark Gentle

Legal Counsel

Texas Building and Procurement Commission

Filed: January 26, 2005


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of January 13, 2005, through January 20, 2005. 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. The notice was published on the web site on January 26, 2005. The public comment period for these projects will close at 5:00 p.m. on February 25, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: Vista del Sol LNG Terminal, LP; Location: The project is located near Ingleside, San Patricio County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Gregory, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 670932; Northing: 3085466. Project Description: Vista del Sol proposes to construct and operate a new Liquid Natural Gas (LNG) import, storage, and vaporization terminal on the northern shoreline of Corpus Christi Bay. The LNG terminal would be located on a 310.8-acre site on the La Quinta Channel, between the cities of Portland and Ingleside in San Patricio and Nueces Counties, Texas. In addition, Vista del Sol proposes to construct and operate a new natural gas pipeline extending from the LNG terminal to an interconnect site near Sinton, Texas. This Project would allow LNG to be imported from areas with natural gas reserves throughout the world to the LNG terminal on ocean-going LNG carrier ships. At the LNG terminal, LNG could be unloaded, stored, and regasified for delivery via pipeline. The pipeline would allow natural gas from the LNG terminal to be sent to markets throughout Texas and the United States via interconnections with a number of existing intrastate and interstate pipeline systems. The combined port and pipeline project will impact approximately 24.59 acres of jurisdictional wetlands and waters of the United States.

The following section describes the proposed LNG terminal, LNG ships, and pipeline facilities in relation to the project plans: The LNG terminal would include a ship berth and unloading facilities (marine terminal), three LNG storage tanks, vapor handling equipment, five LNG vaporizers and related regasification systems, and various utilities and support facilities. The LNG terminal would be located on the La Quinta Channel between the existing Sherwin Alumina Company (Sherwin) plant on the north and west sides, and the Occidental Chemical Corporation (OxyChem) and DuPont manufacturing plants on the east site. The LNG terminal would include an unloading slip approximately 1,250 feet wide by 1,550 feet long that would be constructed by dredging the southern portion of the 310.8-acre site to a depth of 42 feet below mean lower low water (MLLW). Construction of the unloading slip off of the La Quinta Channel would provide protected berths for the offloading LNG vessels. In addition, a turning basin would be dredged out of the La Quinta Channel at the entrance of the slip to allow for ship maneuvering. The slip would consist of two 1,289-foot-long berths designed for both port and starboard mooring. The berths would include a single-level unloading platform consisting of reinforced concreted deck and beams supported on piles. The berths would be designed to support the LNG unloading arms and vapor return arm, plus associated valves and piping, a gangway tower, firewater monitors, anemometer, and firewater monitor pumps. The berth includes three breasting dolphins that would accommodate lateral loads from moored ships in the berths and protect the unloading platform. Each breasting dolphin would be constructed of reinforced concrete structures on piles and fitted with a remotely operated quick-release triple mooring hook and an energy-absorbing fender. Side slopes within each berth would be protected with rock riprap or cabled concrete block mattresses. Six mooring dolphins, comprised of reinforced concrete structures on piles, would be installed in each berth. The breasting and mooring dolphins would be connected to the unloading platform by steel truss walkways. The LNG would be stored in three insulated, full-containment tanks, each sized to store a working capacity of 155,000 m3 (975,000 barrels) of LNG at a temperature of -256 degrees Fahrenheit and a normal operating pressure of 1 to 3 pounds per square inch gauge (psig).

The following section describes the proposed excavation and dredging at the terminal site and ship maneuvering area (turning basin) along the La Quinta Channel: Construction of the slip would begin by excavating the top 23 to 24 feet of overburden down to or near the water table. The total quantity of dry materials that would be excavated from the slip is estimated to be approximately 1.6 million cubic yards (mcy). A portion of this material would be used for fill during construction at the site. The majority of the excavated material would be stored at the north end of the LNG terminal site where it would be made available to other projects. Following excavation of the dry materials, dredging would begin from the edge of the La Quinta Channel into the slip area and then proceed inland. The total dredged volume at the marine terminal would be approximately 5.8 mcy and would extend to a depth of 42 feet below MLLW. Approximately 3.1 mcy would be dredged at the slip and 1.6 mcy would be dredged from the edge of the existing channel to the slip (north side of turning basin). As currently proposed, about 1.1 mcy would also be dredged from the south edge of the existing channel to the dredge limits of the turning basin.

A majority of the sediments would be removed using a hydraulic dredge (a cutterhead dredge) which would pump the water-sediment slurry through a temporary pipeline to the Beneficial Use (BU) site. Dredging activities would occur on a 24-hour basis, 7 days per week. The dredge material pipeline would include segments that are floating, submerged, and cut in, to eliminate potential navigational hazards to ships arriving or departing the adjacent Sherwin facility. Vista del Sol would mark all floating and submerged pipeline segments according to Coast Guard regulations and a Notice of Mariners would be filed through the Coast Guard. All floating equipment would be lighted and personnel would be present 24 hours a day to ensure safety. Additional dredging of about 0.5 mcy would be performed at the intersection of the La Quinta Channel and the Corpus Christi Channel to a depth of 42 feet below MLLW. This would provide additional space for the largest LNG ships to turn and enter the La Quinta Channel. The dredge material from this site would be placed in Dredge Material Placement Area (DMPA) 10.

The following section describes the proposed LNG pipeline, and its associated aboveground facilities: A 25.3-mile-long, 36-inch-diameter pipeline would be constructed from the LNG terminal to a point north of Sinton, Texas. The pipeline would begin at the LNG storage and vaporization facilities and immediately downstream of the metering station in the LNG terminal. The pipeline route then extends generally northwesterly to its terminus. Construction of the pipeline facilities would disturb a total of about 423.7 acres of land, including the pipeline construction rights-of-way, temporary extra workspace, a pipe storage yard, aboveground facilities, and access roads. Of this total, approximately 2.94 acres of jurisdictional wetlands will be impacted by the pipeline construction. Following construction, a 50-foot-wide permanent right-of-way would be retained for operation and maintenance of the pipeline.

Vista del Sol would construct its pipeline across several wetland areas and water bodies. In wetland areas, a temporary board road would be installed to allow passage of equipment with minimal disturbance of the surface and vegetation in wetlands. A vegetative buffer zone would be left between the wetland and the upland construction areas except for the pipe trench itself and erosion control measures (e.g., silt fences, interceptor levees, and hay bale structures) would be installed and maintained to minimize sedimentation within the wetland. Trench plugs would be installed where necessary to prevent the unintentional draining of water from the wetland. After construction, the right-of-way would be restored and trees greater than 15 feet high would not be allowed to grow within 15 feet of the pipeline. In order to maintain a relatively narrow right-of-way in saturated wetlands, Vista del Sol could employ a "push-pull" or "float" technique to avoid the need from stringing the pipeline adjacent to the trench. Vista del Sol proposes to install the pipeline across small perennial or intermittent water bodies (primarily road or irrigation ditches) using opencut crossing methods. Intermittent streams that are dry at the time of crossing would be crossed using conventional upland construction techniques described above. Water bodies (including creeks and some ditches) might also be crossed using the horizontal directional drill (HDD) or bore methods.

The following section describes the proposed mitigation for the proposed LNG terminal, and pipeline facilities: Vista del Sol anticipates that the dredged material would be used to help mitigate impacts on seagrasses and wetlands that would be disturbed during construction of the marine terminal. Vista del Sol has submitted a conceptual plan that would involve creating a 414-acre BU site. Construction of the BU site would begin by using the dredge materials to create a perimeter berm around shallow water areas west of DMPA 13. After the dredge materials are in place around the perimeter, the berm would be shaped and the exterior face would be armored with riprap. Materials dredged from the slip and the turning basin would then be transported to the BU site and used to fill the area within the perimeter berm. The area within the BU site would generally be brought from elevations that currently range in depth from about -4.0 to -11.5 feet MLLW to a depth of about -1.2 feet MLLW. After all of the dredged materials have been placed in the BU site, Vista del Sol would recontour the BU site (e.g., creating terraces and internal channels) and plant seagrasses and wetland vegetation. Breaks in the outer perimeter would be added to allow water circulation within the BU site. Vista del Sol proposes to create approximately a 413-acre BU site, which will include emergent marsh and seagrass habitat within the BU site.

CCC Project No.: 05-0110-F1; Type of Application: U.S.A.C.E. permit application #23611 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Seahorse Development Company; Location: The project is located along Drum Bay and the Gulf of Mexico, at 5220 Blue Water Highway, in Surfside, Brazoria County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Christmas Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 289030; Northing: 3214452. Project Description: The applicant proposes to permanently fill 0.68 acres (0.33 acres of tidal fringe bayfront and 0.35 acres of Gulf palustrine wetlands) within a 108.1-acre project site. The applicant proposes to temporarily impact 0.06 acres of tidal fringe bayfront wetlands and 0.13 acres of Gulf palustrine wetlands (totaling 0.19 acres) during construction. These areas would be totally restored. Approximately 57 acres of tidal fringe wetlands and 0.22 acres of palustrine wetlands will be avoided by the project.

The applicant also proposes to construct a 40-foot long by 4-foot wide crabbing pier with a 14-foot wide by 4-foot long T-head, a 100-foot long by 4-foot wide fishing pier with a 44-foot wide by 4-foot long Thead, walking trails, 6 dune walkovers, and a 28-foot 10-inch long by 6-foot wide bird observation tower for a residential development. Permanent impacts to tidal fringe wetlands will be offset by preserving the 57 acres avoided by the project and placing them under a conservation easement to be held by the Cradle of Texas Conservancy. The permanent impacts to palustrine wetlands will be offset by preserving 1.99 acres (estimate of 50% Gulf wetlands and 50% buffer uplands) that will also be placed under a conservation easement to be held by the Cradle of Texas Conservancy.

CCC Project No.: 05-0113-F1; Type of Application: U.S.A.C.E. permit application #21669(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §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: Velasco Drainage District; Location: The project is located in a re-routed portion of East Union Bayou, at the approach and discharge channels to the existing East Levee Pump Station, approximately 1.7 miles southeast of the intersection of East Levee Road and SH 332, in Brazoria County, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 274926; Northing: 3205611. Project Description: The applicant proposes an expansion to the East Levee Pump Station to increase flood discharge capacity and reduce potential flooding in the Clute-Lake Jackson drainage area. The existing pump station was constructed in 1982. The current project includes the discharge of approximately 500 cubic yards of fill into 0.09 acre of open water and the excavation 2,881 cubic yards of sand and clay from 0.40 acres of the approach and discharge channels to expand the existing pump station. Five additional pumps, each with an 8-foot-diameter discharge pipe, and a concrete flow attenuation structure will be installed. Temporary cofferdams will also be placed within the approach and discharge channels during construction. Initial construction would consist of installing 2 of the 5 proposed pumps. The 3 remaining pumps will be added, as needed, to accommodate increasing drainage needs. The additional pumps and the 3 existing pumps will have a total discharge rate of 2.05 million gpm, or approximately 260,000 gpm/pump. CCC Project No.: 05-0114-F1; Type of Application: U.S.A.C.E. permit application #12348(05) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §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-200500338

Larry L. Laine

Chief Clerk, Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: January 25, 2005


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

The Coastal Coordination Council published Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program in the January 28, 2005, issue of the Texas Register (30 TexReg 419).

The Council is correcting the dates of publication on the Council's web site and the close of the comment period. The text as published on January 28, 2005, read: "The notice was published on the web site on January 12, 2005. The public comment period for these projects will close at 5:00 p.m. on February 11, 2005." The text should read as follows: "The notice was published on the web site on January 19, 2005. The public comment period for these projects will close at 5:00 p.m. on February 18, 2005."

Further information regarding the Coastal Management Program 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-200500339

Larry L. Laine

Chief Clerk, Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: January 25, 2005


Comptroller of Public Accounts

Notice of Contract Award

The Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the award of a contract under Request for Proposals (RFP #170b), for Global Tactical Asset Allocation investment management services for the Texas Guaranteed Tuition Plan, the state's prepaid higher education tuition program (Program).

The Comptroller announces that a contract is awarded to: UBS Global Asset Management (Americas), Inc., located at UBS Tower, One North Wacker Drive, Chicago, Illinois 60606. The term of the contract is on or about January 5, 2005, through December 31, 2009. The Board shall have the right, its sole discretion, to renew the Contract for up to two (2) additional one (1) year periods, one year (1) at a time. The total amount of the Contract is calculated as an annual fee based on the fair market value of the assets managed.

The Request for Proposals was issued on Friday, October 22, 2004, after 2:00 p.m. CZT. The notice of the Request for Proposals was published on Friday, October 22, 2004, at 29 TexReg 9938. The Contract activities commenced on or about January 5, 2005.

TRD-200500276

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 20, 2005


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 01/31/05 - 02/06/05 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 01/31/05 - 02/06/05 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Sec. 303.005 3 for the period of 02/01/05 - 02/28/05 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Sec. 303.005 for the period of 02/01/05 - 02/28/05 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

3 For variable rate commercial transactions only.

TRD-200500328

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 24, 2005


Commission on State Emergency Communications

Wireless Emergency Service Fee Distribution Allocation Worksheet

The Commission on State Emergency Communications voted at it's January 20, 2005 meeting to publish for comment the following recommended percentages for wireless revenue distributions. These are the same percentages that were published in the January 20, 2005 Commission notebook.

If there are no substantive changes to the percentages, an agenda item requesting their adoption will be posted for the next meeting of the Commission, tentatively scheduled for February.

Wireless Emergency Service Fee Distribution Allocation Worksheet (.pdf)

TRD-200500350

Paul Mallett

Executive Director

Commission on State Emergency Communications

Filed: January 26, 2005


Texas Commission on Environmental Quality

Invitation to Comment for the Draft January 2005 Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the draft January 2005 Update to the Water Quality Management Plan for the State of Texas (draft WQMP update).

The Water Quality Management Plan (WQMP) is developed and promulgated in accordance with the requirements of the Federal Clean Water Act, §208. The draft WQMP update includes projected effluent limits of indicated domestic dischargers useful for water quality management planning in future permit actions. Once the commission certifies a WQMP update, the update is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas pollutant discharge elimination system (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission. The draft WQMP update may contain service area populations for listed wastewater treatment facilities and designated management agency information.

A copy of the draft January 2005 WQMP update may be found on the commission's Web site located at http://www.tnrcc.state.tx.us/permitting/waterperm/wqmp/index.html . A copy of the draft may also be viewed at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.

Written comments on the draft WQMP update may be submitted to Ms. Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4420, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be submitted no later than 5:00 p.m. on March 7, 2005. For further information or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at nvignali@TCEQ.state.tx.us .

TRD-200500337

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 25, 2005


Notice of Water Quality Applications

The following notices were issued during the period of January 18, 2005 through January 21, 2005.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

CITY OF ARCHER CITY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014549001, to authorize the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 40,000 gallons per day. The facility is located at 614 W. South Street in Archer City approximately 1,800 feet west of the intersection of State Highway 79 and South Street in Archer County, Texas.

THE CITY OF AUSTIN has applied for a renewal of Permit No. 11467-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 345,000 gallons per day via irrigation at the Onion Creek Golf Course. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 4,300 feet east of Interstate Highway 35 and approximately 2 miles north of Farm-to-Market Road 1327 in Travis County, Texas.

BANDERA INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. 13783-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 12,000 gallons per day via subsurface soil absorption. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located adjacent to Highway 1283 approximately 6.3 miles south of the intersection of State Highway 16 and Highway 1283 at the Town of Pipe Creek in Bandera County, Texas.

CITY OF BIG SPRING has applied for a renewal of TPDES Permit No. 10069-002, which authorizes the discharge of treated filter backwash water at a daily average flow not to exceed 125,000 gallons per day. The facility is located at 16th Street and Virginia Avenue in the City of Big Spring in Howard County, Texas.

FORT HANCOCK WATER CONTROL AND IMPROVEMENT DISTRICT has applied for a renewal of Permit No. 11173-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 33,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located on the north side of and adjacent to State Highway 20, approximately one mile southeast of the City of Fort Hancock in Hudspeth County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 278 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0013037002, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 1,800,000 gallons per day. The facility is located approximately 2,000 feet east of the intersection of Atascocita Road and Wilson Road in Harris County, Texas.

CITY OF JUNCTION has applied for a renewal of TPDES Permit No. 10199-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 280,000 gallons per day. The facility is located north of and adjacent to Farm-to-Market Road 2169, approximately 0.4 mile northeast of the intersection of Farm-to-Market 2169 and Interstate Highway 10 in Kimble County, Texas.

LOWER COLORADO RIVER AUTHORITY has applied for a renewal of TPDES Permit No. 13977-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located approximately 1,000 feet north of State Highway 71 at a point 11,500 feet northwest (along State Highway 71) of the intersection of State Highway 71 and Farm-to-Market Road 1209 in Bastrop County, Texas.

CITY OF PFLUGERVILLE has applied for a renewal of TPDES Permit No. 11845-003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 130 acres on the Blackhawk Golf Course. The facility is located approximately 2,500 feet east of Farm-to-Market Road 685 and approximately 1,600 feet north of Kelly Lane in Travis County, Texas.

TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 17 has applied for a major amendment to Permit No. WQ0013294001, to authorize an increase in the daily average flow that can be pre-treated onsite for discharge into a regional wastewater treatment facility from 1,300,000 gallons per day to 1,500,000 gallons per day. The proposed amendment also requests to revise the groundwater monitoring location and authorize onsite composting of sewage sludge and marketing and distribution of the composted sludge. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 525,000 gallons per day via surface irrigation of 145 acres of golf course and subsurface drip irrigation. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located at North Quinlan Park Road, approximately two miles south of the intersection of Ranch Road 620 and Quinlan Park Road in Travis County, Texas. The sludge treatment works will be located adjacent to the wastewater treatment facility.

TRINITY ASSEMBLY CHURCH, INC. Trinity Church has applied for a renewal of Permit No. 14331-001, which authorizes the disposal of treated domestic wastewater at a flow not to exceed a daily average volume of 6,000 gallons per day via drip irrigation of 1.83 acres of nonpublic access landscape. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 1,500 feet north and 750 feet east of the intersection of North Loop 1604 East and Judson Road in San Antonio in Bexar County, Texas.

UNIMIN TEXAS COMPANY L.P. which operates a silica sand mining and processing facility, has applied for a major amendment to TPDES Permit No. WQ0003911000 to authorize the use of a surfactant to aid in dewatering sand stockpiles. The current permit authorizes the discharge of process wastewater and storm water on an intermittent and flow variable basis via Outfall 001 and Outfall 002. The facility is located south of State Highway 71 approximately 2000 feet east of the intersection of State Highway 1851 and State Highway 71 near the City of Voca, McCulloch County, Texas.

RICHARD LYNN WAGNER has applied for a renewal of TPDES Permit No. 13575-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The facility is located on Lake Conroe's western shore, north of and with access to Farm-to-Market Road 1097, approximately 7.6 miles west of Willis in Montgomery County, Texas.

TRD-200500360

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 26, 2005


Notice of Water Rights Application

Notices mailed January 24, 2005.

APPLICATION NO. 4431C; M.E. Young and Sons, 500 Young Ranch Lane, Jonesboro, Texas 76538, applicants, seek to amend Water Use Permit 4108 (Application No. 4431) pursuant to Texas Water Code 11.122, and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Water Use Permit 4108 (Application No. 4431) authorizes the owners to divert and use not to exceed 900 acre-feet of water per annum from two diversion points on the Brazos River, Brazos River Basin to irrigate 900 acres of land out of 2,053.42 acres in the Jose Maria Sanchez Grant, Abstract No. 65, Falls County, four miles southwest of Marlin, Texas. Water is diverted from two diversion points located on the bank of the Brazos River at a combined maximum diversion rate of 8.9 cfs (4,000 gpm). Diversion point No. 1 is located on the south, or right, bank of the river, S 10.75 E, 3,006 feet from the northeast corner of the said Sanchez Grant. Diversion point No. 2 is located on the north, or right, bank of the river, S 07.25 E, 10,800 feet from the northeast corner of the Sanchez Grant. Ownership of the land to be irrigated is evidenced by a Warranty Deed with Vendor's Lien dated May 15, 2002. The special condition in Amendment No. 4108B indicates that this term permit shall expire and become null and void on December 31, 2004. Applicant seeks to amend Water Use Permit 4108 by extending or deleting the expiration date of December 31, 2004. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application and partial fees were received on August 18, 2004, and requested information and fees were received on October 5 and November 19, 2004. The application was declared administratively complete and filed with the Office of the Chief Clerk on December 2, 2004. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 5840; The City of Waco, P.O. Box 2570, Waco, Texas 76702-2750, applicant or "the City", seeks Water Use Permit pursuant to Texas Water Code (TWC)11.121, 11.042, and 11.046 and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code (TAC) §§295.1, et seq. Applicant seeks to use the bed and banks of the Brazos River to convey 42,344 acre-feet per year of return flows and any future return flows from the Waco Metropolitan Area Regional Sewage System Wastewater Treatment Plant (WMARSS) located in the Brazos River Basin downstream to a diversion point located on the Brazos River in McLennan County. The WMARSS discharge point is located at Latitude 31.518 N and Longitude 97.063 W. WMARSS is permitted to discharge 37.8 MGD (58.6 cfs) by TPDES Permit No. 11071-001, although currently discharges approximately 28.0 MGD (43.4 cfs) into the Brazos River. Applicant indicates that there will be 0.0320% loss per river mile due to transportation, evaporation, seepage, channel or other associated carriage losses from the point of discharge to the point of diversion, or 0.4% of the total discharge volume. Applicant also indicates that 3,485 acre-feet of the current discharge of 26,959 acre-feet per year of the effluent, or approximately 12.9%, is groundwater-based. Applicant also seeks authorization to divert and use not to exceed 42,175 acre-feet of the total 42,344 acre-feet per year of permitted return flows for agricultural (irrigation), industrial (electric power plant cooling) and municipal purposes within the City's service area. For the purposes of this application, "service area" is defined to mean: the municipal boundaries, extraterritorial jurisdiction and contiguous water certificate of convenience and necessity service areas of Waco and the other Member Cities, as those boundaries currently exist or as they are modified in the future; Member Cities means the Cities of Waco, Bellmead, Hewitt, Lacy-Lakeview, Robinson and Woodway, plus any future cities utilizing WMARSS as its primary source of sewage treatment. The downstream point of diversion on the Brazos River is described as being located at Latitude 31.411 N and Longitude 97.018 W. The distance from the discharge point to the diversion point is approximately 14.35 river miles. Water diverted from the Brazos River will not exceed the maximum diversion rate of 58.6 cfs (26,299.68 gpm). The commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on April 21, 2004, and additional information and fees were received on May 20, 26, and June 29, 2004. The Executive Director reviewed the application, determined it to be administratively complete, and filed it with the Office of the Chief Clerk on July 13, 2004. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

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

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

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

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

TRD-200500359

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 26, 2005


Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 7, 2005 . 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 March 7, 2005 . 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: AHC Western Hatters Limited Liability Company dba American Hat Company; DOCKET NUMBER: 2004-1462-AIR-E; IDENTIFIER: Air Account Number MQ-0283-G, General Operating Permit Number 1761, Regulated Entity Reference Number (RN) 100210244; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: hat manufacturing; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), General Operating Permit Number 1761, and THSC, §382.085(b), by failing to submit an annual compliance certification report; and 30 TAC §101.27(c)(1) and §205.6 and the Code, §5.702, by failing to pay overdue air emission and general permit stormwater fees; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Adelphi Community Cooperative; DOCKET NUMBER: 2003-1275-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 0012227-001, RN101513117; LOCATION: Quinlan, Hunt County, Texas; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0012227-001, and the Code, §26.121(a), by failing to comply with the permitted limits for five-day biochemical oxygen demand and total suspended solids (TSS); PENALTY: $10,500; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Allied Waste Systems, Inc. dba Trinity Waste Services; DOCKET NUMBER: 2004-1205-MSW-E; IDENTIFIER: Solid Waste Registration (SWR) Number 41774, RN102338464; LOCATION: Hutchins, Dallas County, Texas; TYPE OF FACILITY: municipal solid waste hauling; RULE VIOLATED: 30 TAC §330.4(b), by allegedly transporting waste to a facility not authorized to accept the waste; PENALTY: $200; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Arif Jindani dba Alvin Food Mart; DOCKET NUMBER: 2004-1501-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 54839, RN101909968; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Dana Marley dba Antoine Grocery; DOCKET NUMBER: 2004-1924-PST-E; IDENTIFIER: PST Facility Identification Number 65829, RN101489110; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(6) COMPANY: Austin S & S Inc. dba Super Mart; DOCKET NUMBER: 2004-1237-PST-E; IDENTIFIER: PST Facility Identification Number 843; LOCATION: Elgin, Bastrop County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(7) COMPANY: Mr. Robert Wilson dba Brenham South Mobile Home Park; DOCKET NUMBER: 2004-1387-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 2390047, RN101202232; LOCATION: Brenham, Washington County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(b)(4), by failing to maintain the residual disinfectant concentration; 30 TAC §290.42(e)(5), (l), and (m), by failing to properly seal the hypochlorination solution container, by failing to provide a plant operation manual, and by failing to provide each water treatment plant and all appurtenances with an intruder-resistant fence; 30 TAC §290.46(c)(1)(F), (f)(2), (h), (i), (m)(1) and (4), (t), and (v), by failing to have the required sanitary control easement, by failing to provide water system records for review, by failing to have calcium hypochlorite, by failing to provide a plumbing ordinance or service agreement, by failing to initiate a maintenance program, by failing to perform the annual pressure tank inspection, by failing to maintain the pressure tank and related piping in a watertight condition, by failing to post a legible sign at the water plant, and by failing to install all water system electrical wiring in a securely mounted conduit; 30 TAC §290.45(b)(1)(A)(i) and (ii), by failing to provide adequate well production capacity and by failing to provide adequate pressure tank capacity of 50 gallons per connection; 30 TAC §288.30(3), by failing to provide an adopted drought contingency plan; 30 TAC §290.121(a), by failing to maintain an adequate up-to-date chemical and microbiological monitoring plan; and 30 TAC §290.51(a)(3), by failing to pay the public health service fees; PENALTY: $4,323; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(8) COMPANY: C & R Distributing, Inc.; DOCKET NUMBER: 2004-1469-MLM-E; IDENTIFIER: Air Account Numbers EE1512E, EE1272B, and EE0911Q, RN102598109, RN102479557, RN102477627, and RN102493673; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate; 30 TAC §115.252(2) and THSC, §382.085(b), by allowing the transfer of gasoline with a Reid vapor pressure greater than seven pounds per square inch absolute; and 30 TAC §114.100(a) and THSC, §382.085(b), by allegedly offering for sale gasoline with an oxygen content lower than 2.7% by weight; PENALTY: $3,032; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(9) COMPANY: El Paso Field Services, L.P. dba Almeda Refined Products Terminal; DOCKET NUMBER: 2004-1530-AIR-E; IDENTIFIER: Air Account Number HG0157F, RN102940103; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: refined products terminal; RULE VIOLATED: 30 TAC §115.352(1)(A) and §116.115(c), TCEQ New Source Review Permit Number 1234, and THSC, §382.085(b), by failing to repair a leaking valve within 15 days of discovery; PENALTY: $2,150; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Fletcher Fields; DOCKET NUMBER: 2004-1549-LII-E; IDENTIFIER: RN104392022; LOCATION: Brady, McCulloch County, Texas; TYPE OF FACILITY: landscape irrigation system; RULE VIOLATED: 30 TAC §30.5(a) and (b) and §344.4(a), and Texas Occupational Code, §1903.251, by allegedly installing a landscape irrigation system without a TCEQ irrigator license; PENALTY: $200; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(11) COMPANY: General Electric Railcar Repair Services Corporation; DOCKET NUMBER: 2004-1468-IHW-E; IDENTIFIER: Hazardous Waste Permit and Compliance Plan Number 50314, SWR Number 32088, RN102322591; LOCATION: Ranger, Eastland County, Texas; TYPE OF FACILITY: former railcar cleaning and repair; RULE VIOLATED: 30 TAC §305.125(1) and §335.4 and Hazardous Waste Permit Compliance Plan Number 50314, by failing to follow design specifications for monitor well installations, by failing to properly plug soil borings with a cement bentonite grout mixture, by failing to follow the sampling and analysis plan for sampling of monitor wells, by failing to properly prepare water table maps from groundwater data collected, by failing to submit a map of the contaminated area depicting concentrations of vinyl chloride, by failing to submit accurate results of sampling of hazardous constituents, by failing to submit accurate results of well total depth measurements, and by failing to prevent the unauthorized discharge of waste into waters in the state; PENALTY: $18,360; ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(12) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2004-1538-AIR-E; IDENTIFIER: Air Account Number LH0005J, RN100225721; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: industrial organic chemical manufacturing; RULE VIOLATED: 30 TAC §101.20(1) and §116.115(c), New Source Permit Number 3275A, 40 Code of Federal Regulations (CFR) §60.485-7(h)(2), and THSC, §382.085(b), by failing to comply with Special Condition 2C, which states that the plant shall comply with the applicable requirements in 40 CFR Part 60, Subpart VV, with the designation of difficult-to-monitor valves being less than 3% of the total number of valves; PENALTY: $4,280; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Javier Ulloa dba J.E.A. Used Tires; DOCKET NUMBER: 2003-0492-MSW-E; IDENTIFIER: Scrap Tire Transporter Registration Number 25494, RN102803970; LOCATION: Pharr, Hidalgo County, Texas; TYPE OF FACILITY: scrap tire storage and transporter operation; RULE VIOLATED: 30 TAC §328.61(c), (d), (g), and (h), by failing to maintain a minimum of 40 feet separation between tire piles, by failing to prevent outdoor piles consisting of scrap tires or tire pieces from being within 40 feet of the property line or easements, by failing to maintain an adequate fire protection system, and by failing to maintain large capacity dry chemical fire extinguishers; 30 TAC §328.54(d), by failing to identify both sides and the rear of the vehicle used to transport scrap tires with the name and place of business of the transporter; 30 TAC §382.57(e), by failing to submit an annual report of activities; 30 TAC §328.60(a), by failing to obtain a scrap tire storage site registration; 30 TAC §328.61(f), by failing to enclose the entire facility with a chain link type fence; and 30 TAC §328.55(3), by failing to maintain a copy of their scrap tire transporter registration notice at their designated place of business; PENALTY: $10,440; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(14) COMPANY: J&L Automotive, Inc. dba Midway Shamrock; DOCKET NUMBER: 2004-1682-PST-E; IDENTIFIER: PST Registration Number 0018803, RN101663177; LOCATION: near Waco, Marion County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $950; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(15) COMPANY: William A. Spry dba Knob Hill Pumping; DOCKET NUMBER: 2004-1403-SLG-E; IDENTIFIER: Sludge Transporter Registration Number 20344, RN102546447; LOCATION: Azle, Parker County, Texas; TYPE OF FACILITY: sludge and septage transporting service; RULE VIOLATED: 30 TAC §312.142(c), by failing to maintain the transporters registration in the vehicle; and 30 TAC §312.143, by failing to transport wastes to an authorized facility; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Little River Materials Inc.; DOCKET NUMBER: 2004-1075-WQ-E; IDENTIFIER: RN104321872; LOCATION: Minerva, Milam County, Texas; TYPE OF FACILITY: sand and gravel pit; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(a), by failing to obtain authorization to discharge storm water associated with industrial activity; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(17) COMPANY: Ehsanallah Lalezari dba Neighborhood Store 2; DOCKET NUMBER: 2004-1547-PST-E; IDENTIFIER: PST Facility Registration Number 62970, RN102254786; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Leila Pezeshki, (210) 490-3096; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(18) COMPANY: Dhanani Nooruddin dba Nice N Easy Food Store; DOCKET NUMBER: 2004-1630-PST-E; IDENTIFIER: PST Facility Registration Number 72415, RN101833184; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Erich A. Norton; DOCKET NUMBER: 2004-1459-LII-E; IDENTIFIER: Pending Landscape Irrigation License Number LI0011226, RN103984068; LOCATION: Brady, McCulloch County, Texas; TYPE OF FACILITY: landscape irrigation system; RULE VIOLATED: 30 TAC §30.5(a) and §344.4(a) and the Code, §34.007(a), by failing to obtain an irrigation license prior to repairing an existing system; PENALTY: $200; ENFORCEMENT COORDINATOR: Susan Longenecker, (512) 239-0968; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(20) COMPANY: Presbyterian Children's Homes and Services; DOCKET NUMBER: 2004-1611-MWD-E; IDENTIFIER: TPDES Permit Number 11276001, RN101518124; LOCATION: Itasca, Hill County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11276001, and the Code, §26.121(a), by failing to comply with the effluent limits for TSS; PENALTY: $1,040; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(21) COMPANY: Dung Huynh and Thi Kim dba Quick Food Store 20; DOCKET NUMBER: 2004-1210-PST-E; IDENTIFIER: PST Facility Identification Number 36963, RN101758001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Susan Longenecker, (512) 239-0968; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Rebecca Creek Municipal Utility District; DOCKET NUMBER: 2004-0969-PWS-E; IDENTIFIER: PWS Number 0460164; LOCATION: Spring Branch, Comal County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(5) and THSC, §341.0315(c), by failing to provide water that meets the maximum contamination level (MCL) for total haloacetic acid; PENALTY: $240; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(23) COMPANY: Sampri Investments, LLC dba Sammys 3; DOCKET NUMBER: 2004-1108-PST-E; IDENTIFIER: PST Facility Identification Number 69277; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,460; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Sempipe, L.P.; DOCKET NUMBER: 2004-1488-AIR-E; IDENTIFIER: Air Account Numbers WO0036B and AA0055P, RN100216589 and RN100223957; LOCATION: Hawkins, Neches; Wood, Anderson Counties, Texas; TYPE OF FACILITY: crude petroleum pipeline systems; RULE VIOLATED: 30 TAC §122.145(2) and §122.146(1) and THSC, §382.085(b), by failing to timely submit permit compliance certifications and associated deviation reports; and 30 TAC §122.121 and §122.505(e) and THSC, §382.054, by failing to obtain authorization to operate emission units; PENALTY: $22,400; ENFORCEMENT COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(25) COMPANY: Shbaita, Inc. dba Super Stop 4; DOCKET NUMBER: 2004-1782-PST-E; IDENTIFIER: PST Facility Identification Number 30065, RN101882769; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: Shell Chemical LP; DOCKET NUMBER: 2004-0867-IHW-E; IDENTIFIER: SWR Number 30007, RN100211879; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: petroleum refining and chemical manufacturing; RULE VIOLATED: 30 TAC §335.224(11) and (14) and 40 CFR §266.103(c), by failing to conduct compliance testing and submit recertification of compliance and by failing to cease the burning of waste; PENALTY: $13,800; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(27) COMPANY: Texarkana Water Utilities dba Texarkana Wastewater Treatment Facility; DOCKET NUMBER: 2004-1434-PST-E; IDENTIFIER: PST Facility Registration Number 46473, RN102458296; LOCATION: Texarkana, Bowie County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(28) COMPANY: Gerard Van Kooten dba Van Kooten Dairy Farm; DOCKET NUMBER: 2004-0999-AGR-E; IDENTIFIER: Water Quality Permit Number 0004067000; LOCATION: Comanche, Comanche County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.39(f)(11), (18), and (28)(G), by failing to maintain the waste storage ponds, by failing to prevent trees from growing within the potential distance of the root zone, and by failing to develop a detailed nutrient utilization plan; 30 TAC §321.41(a)(2), by failing to document regular employee training; and 30 TAC §321.42(j), by failing to submit soil sample results; PENALTY: $4,815; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(29) COMPANY: R. D. Wallace Oil Company, Inc. dba Wallace Oil Company; DOCKET NUMBER: 2004-1767-PST-E; IDENTIFIER: PST Facility Identification Number 64900, RN101854594; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: wholesale gasoline sales; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $720; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

TRD-200500340

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 25, 2005


Office of the Governor

Notice of Extension of Closing Date for Receipt of Applications for the Safe and Drug-Free Schools and Communities (SDFSC) Act Program

The Office of the Governor, Criminal Justice Division (CJD), published a request for applications for the Safe and Drug-Free Schools and Communities (SDFSC) Act Program in the December 17, 2004, issue of the Texas Register (29 TexReg 11785). This notice is published to extend the closing date for receipt of applications.

The published paragraph regarding the closing date for receipt of applications is replaced with the following paragraph, which contains the new closing date for receipt of applications:

Closing Date for Receipt of Applications: Submit all applications electronically to the Office of the Governor, Criminal Justice Division via email at cjdapps@governor.state.tx.us on or before March 15, 2005.

TRD-200500367

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 26, 2005


Notice of Extension of Closing Date for Receipt of Applications for the State Criminal Justice Planning (421) Fund

The Office of the Governor, Criminal Justice Division (CJD), published a request for applications for the State Criminal Justice Planning (421) Fund in the December 17, 2004, issue of the Texas Register (29 TexReg 11787). This notice is published to extend the closing date for receipt of applications.

The published paragraph regarding the closing date for receipt of applications is replaced with the following paragraph, which contains the new closing date for receipt of applications:

Closing Date for Receipt of Applications: Submit all applications electronically to the Office of the Governor, Criminal Justice Division via email at cjdapps@governor.state.tx.us on or before March 15, 2005.

TRD-200500369

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 26, 2005


Request for Grant Applications (RFA) for the Juvenile Accountability Block Grant (JABG) Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting statewide discretionary applications for projects that promote greater accountability in the juvenile justice system during the fiscal year 2006 grant cycle.

Purpose: The purpose of the JABG Program is to develop programs that promote greater accountability in the juvenile justice system.

Available Funding: Federal funding is authorized under the Omnibus Crime Control and Safe Streets Act of 2002, Public Law 107-273, 42 U.S.C. 3796ee et seq., as amended. All grants awarded from this fund must comply with the requirements contained therein.

Funding Levels: No minimum or maximum funding levels.

Required Match: Grantees, other than Native American Tribes, must provide matching funds of at least ten percent (10%) of total project expenditures. Native American Tribes must provide a five percent (5%) match. This requirement may be met through cash contributions.

Standards: Grantees will comply with the standards applicable to this funding source cited in Texas Administrative Code, Title 1, Part 1, Chapter 3, and the statutes, regulations, and guidelines applicable to this funding. In addition, grantees will comply with the federal regulations at 28 C.F.R. §95.

Prohibitions: Grant funds may not be used to support the following services, activities, and costs:

(1) admission fees or tickets to any amusement park, recreational activity or sporting event;

(2) construction;

(3) food, meals, beverages, or other refreshments unless the expense is for a working event where full participation by participants mandates the provision of food and beverages and the event is not related to amusement and/or social activities in any way;

(4) fundraising;

(5) legal services for adult offenders;

(6) lobbying;

(7) medical services;

(8) membership dues for individuals;

(9) overtime pay;

(10) promotional gifts;

(11) proselytizing or sectarian worship;

(12) transportation, lodging, per diem or any related costs for participants, when grant funds are used to develop and conduct training;

(13) vehicles or equipment for government agencies that are for general agency use;

(14) weapons, ammunition, explosives or military vehicles;

(15) any expense or service that is readily available at no cost to the grant project or that is provided by other federal, state or local funds (e.g., supplanting); and

(16) any portion of the salary of, or any other compensation for an elected or appointed government official, except in the case of a juvenile court or drug court.

Eligible Applicants:

(1) State agencies;

(2) Units of local government including crime control and prevention districts;

(3) Nonprofit corporations; and

(4) Native American Tribal Governments.

Requirements:

(1) Applicants will address one or more of the following JABG Purpose Areas:

(a) Purpose Area 8: Establishing drug court programs for juvenile offenders that provide continuing judicial supervision over juvenile offenders with substance abuse problems and the integrated administration of other sanctions and services for such offenders.

(b) Purpose Area 10: Establishing and maintaining interagency information-sharing programs that enable the juvenile, and criminal justice systems, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision, and treatment of juveniles who repeatedly commit serious delinquent or criminal acts.

(c) Purpose Area 13: Establishing and maintaining accountability-based programs that are designed to enhance school safety.

(2) In addition, all juvenile justice projects will address one or more of the following priorities developed in coordination with the Governor’s Juvenile Justice Advisory Board:

(a) Family Stability--Programs or other initiatives designed to strengthen family support systems in an effort to positively impact the lives of youth and divert them from a path of serious, violent, or chronic delinquency.

(b) Substance Abuse Early Intervention and Prevention--Programs, or other initiatives designed to address the use and abuse of illegal and other prescription and nonprescription drugs and the use and abuse of alcohol including control, prevention, and treatment.

(c) Education--Programs or other initiatives designed to prevent truancy, suspension, and expulsion. School safety programs may include support for school resource officers and law-related education.

(d) Disproportionate Minority Contact (DMC)--Programs or other initiatives designed to address the disproportionate number of juvenile members of minority groups who come into contact with the juvenile justice system.

(e) Justice System Impact--Programs or other initiatives designed to impact offender accountability and/or improve the practices, policies, or procedures within the juvenile justice system.

(f) Gang Prevention--Programs or other initiatives designed to address issues related to juvenile gang activity, including prevention and intervention efforts directed at reducing gang-related activities.

(g) Rural Access--Programs or other initiatives designed to provide prevention, intervention, and treatment services located outside a metropolitan area.

(h) Training--Programs or other initiatives designed to offer specialized training for staff working directly with at-risk youth or juvenile offenders that can positively impact the quality of the services, staff turnover rates, and program stability.

Project Period: Grand-funded projects will begin on or after August 1, 2005, and will expire on or before July 31, 2006.

Application Process: Eligible applicants can download an application kit from the Office of the Governor's web site at http://www.governor.state.tx.us/divisions/cjd/formsapps/view.

Preferences: Preference will be given to those applicants that demonstrate cost effective programs focused on proven or promising approaches to the provision of services.

Closing Date for Receipt of Applications: Submit all applications electronically to the Office of the Governor, Criminal Justice Division via email at cjdapps@governor.state.tx.us on or before April 1, 2005.

Selection Process: For state discretionary projects, applications are reviewed by CJD staff members or a review group selected by the Executive Director. CJD will make all final funding decisions based on eligibility, reasonableness of the project, availability of funding, and cost-effectiveness.

Contact Person: If additional information is needed, contact Sanzanna Lolis at slolis@governor.state.tx.us or (512) 463-1919.

TRD-200500356

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 26, 2005


Request for Grant Applications (RFA) for the Juvenile Justice and Delinquency Prevention (JJDP) Act Fund Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications under the Juvenile Justice and Delinquency Prevention Act fund during the state fiscal year 2006 grant cycle.

Purpose: The purpose of the JJDP Act Fund Program is to improve the juvenile justice system and develop effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency.

Available Funding: Federal funding is authorized under the Juvenile Justice and Delinquency Prevention Act of 2002, Public Law 107-273, 42 U.S.C. 5601 et seq., as amended. All grants awarded from this fund source must comply with the requirements contained therein.

Funding Levels: No minimum or maximum funding levels.

Required Match: No match required.

Standards: Grantees will comply with the standards applicable to this funding source cited in Texas Administrative Code, Title 1, Part 1, Chapter 3, and the statutes, regulations, and guidelines applicable to this funding. In addition, grantees will comply with the federal regulations at 28 C.F.R. §31.

Prohibitions: Grant funds may not be used to support the following services, activities, and costs:

(1) admission fees or tickets to any amusement park, recreational activity or sporting event;

(2) construction;

(3) food, meals, beverages, or other refreshments unless the expense is for a working event where full participation by participants mandates the provision of food and beverages and the event is not related to amusement and/or social activities in any way;

(4) fundraising;

(5) legal services for adult offenders;

(6) lobbying;

(7) medical services;

(8) membership dues for individuals;

(9) overtime pay;

(10) promotional gifts;

(11) proselytizing or sectarian worship;

(12) transportation, lodging, per diem or any related costs for participants, when grant funds are used to develop and conduct training;

(13) vehicles or equipment for government agencies that are for general agency use;

(14) weapons, ammunition, explosives or military vehicles;

(15) any expense or service that is readily available at no cost to the grant project or that is provided by other federal, state or local funds (e.g., supplanting); and

(16) any portion of the salary of, or any other compensation for an elected or appointed government official, except in the case of a juvenile court or drug court.

Eligible Applicants:

(1) State agencies;

(2) Units of local government;

(3) Nonprofit corporations;

(4) Indian tribes performing law enforcement functions;

(5) Crime control and prevention districts;

(6) Universities;

(7) Colleges;

(8) Independent school districts; and

(9) Faith-based organizations. Faith-based organizations must be tax-exempt nonprofit entities as certified by the Internal Revenue Service.

Requirements:

(1) Applicants must address one or more of the following program areas:

(a) Aftercare/Reentry;

(b) Alternatives to Detention;

(c) Child Abuse and Neglect Programs;

(d) Children of Incarcerated Parents;

(e) Community Assessment Centers (CACs);

(f) Court Services;

(g) Delinquency Prevention;

(h) Disproportionate Minority Contact;

(i) Diversion;

(j) Gangs;

(k) Gender-Specific Services;

(l) Graduated Sanctions;

(m) Gun Programs

(n) Hate Crimes;

(o) Job Training;

(p) Justice System Improvement;

(q) Mental Health Services;

(r) Mentoring;

(s) American Indian Programs;

(t) Probation;

(u) Restitution/Community Service;

(v) Rural Area Juvenile Programs;

(w) School Programs;

(x) Serious Crime;

(y) Sex Offender Programs;

(z) Substance Abuse;

(aa) Youth Advocacy; or

(bb) Youth Courts;

(2) In addition, all juvenile justice projects will address one or more of the following priorities developed in coordination with the Governor’s Juvenile Justice Advisory Board:

(a) Family Stability--Programs or other initiatives designed to strengthen family support systems in an effort to positively impact the lives of youth and divert them from a path of serious, violent, or chronic delinquency.

(b) Substance Abuse Early Intervention and Prevention--Programs or other initiatives designed to address the use and abuse of illegal and other prescription and nonprescription drugs and the use and abuse of alcohol. Programs or other initiatives include control, prevention, and treatment.

(c) Education--Programs or other initiatives designed to prevent truancy, suspension, and expulsion. School safety programs may include support for school resource officers and law-related education.

(d) Disproportionate Minority Contact (DMC)--Programs or other initiatives designed to address the disproportionate number of juvenile members of minority groups who come into contact with the juvenile justice system.

(e) Justice System Impact--Programs or other initiatives designed to impact offender accountability and/or improve the practices, policies, or procedures within the juvenile justice system.

(f) Gang Prevention--Programs or other initiatives designed to address issues related to juvenile gang activity, including prevention and intervention efforts directed at reducing gang-related activities.

(g) Rural Access--Programs or other initiatives designed to provide prevention, intervention, and treatment services located outside a metropolitan area.

(h) Training--Programs or other initiatives designed to offer specialized training for staff working directly with at-risk youth or juvenile offenders that can positively impact the quality of the services, staff turnover rates, and program stability.

Project Period: Grant-funded projects will begin on or after September 1, 2005, and will expire on or before August 31, 2006.

Application Process: Eligible applicants can download an application kit from the Office of the Governor's web site at http://www.governor.state.tx.us/divisions/cjd/formsapps/view.

Preferences: Preference will be given to those applicants that demonstrate cost effective programs focused on proven or promising approaches to service provision.

Closing Date for Receipt of Applications: Submit all applications electronically to the Office of the Governor, Criminal Justice Division via email at cjdapps@governor.state.tx.us on or before April 1, 2005.

Selection Process:

(1) For eligible local and regional projects:

(a) Applications are forwarded by CJD to the appropriate regional council of governments (COG).

(b) The COG’s criminal justice advisory committee prioritizes all eligible applications based on identified community and/or comprehensive planning, cost and program effectiveness.

(c) CJD accepts priority listings that are approved by the COG’s executive committee.

(d) CJD will make all final funding decisions based upon approved COG priorities, reasonableness of the project, availability of funding, and cost-effectiveness.

(2) For state discretionary projects, applications are reviewed by CJD staff members or a review group selected by the Executive Director. CJD will make all final funding decisions based on eligibility, reasonableness of the project, availability of funding, and cost-effectiveness.

Contact Person: If additional information is needed, contact Sanzanna Lolis at slolis@governor.state.tx.us or (512) 463-1919.

TRD-200500354

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 26, 2005


Request for Grant Applications (RFA) for the Title V - Juvenile Justice and Delinquency Prevention (JJDP) Act Fund Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for local projects to implement comprehensive plans developed by communities during the fiscal year 2006 grant cycle.

Purpose: The purpose of the Title V - Juvenile Justice and Delinquency Prevention Act Fund is to reduce delinquency and youth violence by supporting communities in providing their children, families, neighborhoods, and institutions with the knowledge, skills, and opportunities necessary to foster a healthy and nurturing environment which supports the growth and development of productive and responsible citizens.

Available Funding: Federal funding is authorized under the Juvenile Justice and Delinquency Act of 2002, Title V, Public Law 107-273, codified as amended at 42 U.S.C. 5781 et seq. All grants awarded from this fund must comply with the requirements contained therein.

Funding Levels:

(1) Grantees are allowed a maximum of three years of funding (this includes any years previously funded for the same project).

(2) Minimum grant award--$25,000.

(3) Maximum grant award--$250,000.

Required Match: Grantees must provide matching funds of at least thirty-four percent (34%) of total project expenditures. This requirement may be met through cash and/or in-kind contributions.

Standards: Grantees will comply with the standards applicable to this funding source cited in Texas Administrative Code, Title 1, Part 1, Chapter 3, and the requirements of the federal statutes, regulations and guidelines applicable to this funding. In addition, grantees will comply with the federal regulations at 28 C.F.R. §31.

Prohibitions: Grant funds may not be used to support the following services, activities, and costs:

(1) admission fees or tickets to any amusement park, recreational activity or sporting event;

(2) construction;

(3) food, meals, beverages, or other refreshments unless the expense is for a working event where full participation by participants mandates the provision of food and beverages and the event is not related to amusement and/or social activities in any way;

(4) fundraising;

(5) legal services for adult offenders;

(6) lobbying;

(7) medical services;

(8) membership dues for individuals;

(9) overtime pay;

(10) promotional gifts;

(11) proselytizing or sectarian worship;

(12) transportation, lodging, per diem or any related costs for participants, when grant funds are used to develop and conduct training;

(13) vehicles or equipment for government agencies that are for general agency use;

(14) weapons, ammunition, explosives or military vehicles;

(15) any expense or service that is readily available at no cost to the grant project or that is provided by other federal, state or local funds (e.g., supplanting); and

(16) any portion of the salary of, or any other compensation for an elected or appointed government official, except in the case of a juvenile court or drug court.

Eligible Applicants:

(1) Units of local government; and

(2) Native American Tribal Governments performing law enforcement functions.

Requirements:

(1) Each community applying for funds will have a local prevention policy board that will direct the project and develop a three-year delinquency prevention plan. The prevention plan will be based on an assessment of risk factors associated with the development of delinquent behavior in the community's children. This plan will address one or more of the following activities:

(a) Alcohol and substance abuse prevention services;

(b) Tutoring and remedial education;

(c) Child and adolescent health and mental health services;

(d) Recreation services;

(e) Leadership and youth development activities;

(f) Teaching accountability;

(g) Assistance in the development of job training skills; and

(h) Other data-driven evidence based prevention programs.

(2) In addition, all juvenile justice projects will address one or more of the following priorities developed in coordination with the Governor’s Juvenile Justice Advisory Board:

(a) Family Stability--Programs or other initiatives designed to strengthen family support systems in an effort to positively impact the lives of youth and divert them from a path of serious, violent, or chronic delinquency.

(b) Substance Abuse Early Intervention and Prevention--Programs or other initiatives designed to address the use and abuse of illegal and other prescription and nonprescription drugs and the use and abuse of alcohol. Programs or other initiatives include control, prevention, and treatment.

(c) Education--Programs or other initiatives designed to prevent truancy, suspension, and expulsion. School safety programs may include support for school resource officers and law-related education.

(d) Disproportionate Minority Contact (DMC)--Programs or other initiatives designed to address the disproportionate number of juvenile members of minority groups who come into contact with the juvenile justice system.

(e) Justice System Impact--Programs or other initiatives designed to impact offender accountability and/or improve the practices, policies, or procedures within the juvenile justice system.

(f) Gang Prevention--Programs or other initiatives designed to address issues related to juvenile gang activity, including prevention and intervention efforts directed at reducing gang-related activities.

(g) Rural Access--Programs or other initiatives designed to provide prevention, intervention, and treatment services located outside a metropolitan area.

(h) Training--Programs or other initiatives designed to offer specialized training for staff working directly with at-risk youth or juvenile offenders that can positively impact the quality of the services, staff turnover rates, and program stability.

Project Period: Grand-funded projects will begin on or after September 1, 2005, and will expire on or before August 31, 2006.

Application Process: Eligible applicants can download an application kit from the Office of the Governor's web site at http://www.governor.state.tx.us/divisions/cjd/formsapps/view.

Preferences: Preference will be given to those applicants who conduct comprehensive community planning and demonstrate the use cost effective programs focused on proven or promising approaches to delinquency prevention.

Closing Date for Receipt of Applications: Submit all applications electronically to the Office of the Governor, Criminal Justice Division, via email at cjdapps@governor.state.tx.us on or before April 1, 2005.

Selection Process:

For eligible local and regional projects:

(a) Applications are forwarded by CJD to the appropriate regional council of governments (COG).

(b) The COG’s criminal justice advisory committee prioritizes all eligible applications based on identified community and/or comprehensive planning, cost and program effectiveness.

(c) CJD accepts priority listings that are approved by the COG’s executive committee.

(d) CJD will make all final funding decisions based upon approved COG priorities, reasonableness of the project, availability of funding, and cost-effectiveness.

Contact Person: If additional information is needed, contact Sanzanna Lolis at slolis@governor.state.tx.us or (512) 463-1919.

TRD-200500355

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 26, 2005


Texas Health and Human Services Commission

Request for Proposals

The Health and Human Services Commission (HHSC) announces the issuance of Request for Proposals (RFP) #529-5-003, "Managed Care Organizations (MCO) Management Information System (MIS)/Operations Readiness and Assessment Reviews." HHSC seeks professional consultants and invites potential vendors to submit proposals to perform readiness reviews on Health Maintenance Organizations (HMOs) and/or Exclusive Provider Organizations (EPOs) that will contract with HHSC under the Joint Medicaid/Children's Health Insurance Program (CHIP) HMO RFP, #529-04-072. HHSC issued RFP #529-05-003 on November 5, 2004. HHSC has revised and renumbered RFP #529-05-003 as #529-5-003 and has re-classified the services sought as consulting services. HHSC also has deleted the requirement found in the original RFP that potential vendors submit a letter of intent in order to be eligible to submit a proposal. Notice of RFP #529-5-003 is being published in the Texas Register in accordance with the requirements of Chapter 2254, Subchapter B, Texas Government Code.

The consultant will be responsible for providing HHSC with an independent assessment of whether each HMO/EPO has: (1) MIS and claims processing systems that are able to support the HMO/EPO system and performance requirements related to the flow and use of data; (2) MIS and claims processing systems that comply with applicable state and federal laws, including the Health Insurance Portability and Accountability Act (HIPAA); and (3) the ability to meet the operational requirements outlined in the HMO or EPO contract.

A portion of the services described in this RFP comprise automated information services, including but not limited to information technology consulting. Before the effective date of any contract awarded under this RFP, the awarded vendor must be a Catalog Information Systems Vendor (CISV) as required by the Texas Building and Procurement Commission. Vendors who are not currently approved CISVs may download the Centralized Master Bidders List (CMBL) and CISV requirements at the following address: http://www.tbpc.state.tx.us/stpurch/cisv.html.

All proposals will be subject to evaluation based on the evaluation criteria and procedures set forth in the RFP. The consultant will be selected on the basis of demonstrated competence, knowledge and qualifications, considering the reasonableness of the proposed fee for services. In accordance with the requirements of Chapter 2254, Subchapter B, Texas Government Code, preference will be given to a consultant whose principal place of business is within the state of Texas or who will manage the project entirely from its office in Texas, all other considerations being equal. The award of a contract is contingent upon approval by the Office of the Governor of HHSC's request for a major consulting contract.

Interested parties may obtain a copy of the revised RFP by downloading a copy from the HHSC website at: http://www.hhsc.state.tx.us, under the "Business Opportunities" link and then under the "Contracting Opportunities" link. The revised RFP will be posted on the HHSC website and the Texas Marketplace website on February 4, 2005.

The HHSC Project Manager and sole point of contact for the procurement is:

Alice Newmann Hanna, Project Manager

Phone: (512) 491-1315

E-mail: alice.newmann@hhsc.state.tx.us

Mailing Address:

Procurement - H350

Texas Health and Human Services Commission

P.O. Box 85200

Austin, Texas 78708-5200

ATTN: Alice Hanna, Project Manager

Physical Address for overnight, commercial and hand deliveries:

Texas Health and Human Services Commission

c/o Alice Hanna, Project Manager

11209 Metric Blvd.

Building H, Suite A

Austin, Texas 78758

To be considered, all proposals must be received on or before 4:00 p.m., Central Time, on February 28, 2005. Proposals received after this time will not be considered.

The selected vendor will be expected to begin performance of the contract on or about April 15, 2005.

The anticipated schedule of events is as follows:

Issuance of Revised RFP - February 4, 2005;

Deadline for submitting proposals - February 28, 2005;

Contract execution - on or before March 30, 2005.

All questions concerning the RFP should be addressed to Alice Hanna at the address and telephone number stated above.

HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice or the RFP. HHSC will not pay for any costs incurred by any entity in responding to this RFP.

TRD-200500366

Carey E. Smith

General Counsel

Texas Health and Human Services Commission

Filed: January 26, 2005


Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200500295

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: January 24, 2005


Texas Department of Housing and Community Affairs

Multifamily Housing Revenue Bonds (Grove Village and Pleasant Village Apartments) Series 2005

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Frederick Douglass Elementary School, 226 N. Jim Miller Road, Dallas, Texas 75217, at 6:00 p.m. on February 22, 2005 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $13,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Grove Village Limited Partnership, a limited partnership, and Pleasant Village Limited Partnership, a limited partnership, or a related persons or affiliates thereof (the "Borrowers") to finance a portion of the costs of acquiring, constructing and equipping two multifamily housing developments (the "Developments") described as follows: Grove Village Apartments will be a 232-unit multifamily residential rental development to be located at approximately 7209 South Loop 12, Dallas County, Texas and Pleasant Village Apartments will be a 200-unit multifamily residential rental development to be located at 378 N. Jim Miller Road, Dallas County, Texas. The Developments initially will be owned by the Borrowers.

All interested parties are invited to attend such public hearing to express their views with respect to the Developments and the issuance of the Bonds. Questions or requests for additional information may be directed to Robbye Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-2213; and/or robbye.meyer@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Robbye Meyer in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Robbye Meyer at least three days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200500344

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 25, 2005


Multifamily Housing Revenue Bonds (Waxahachie Senior Apartments) Series 2005

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Wedgeworth Elementary School, 405 Solon Road, Waxahachie, Texas 75165, at 7:00 p.m. on February 24, 2005 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $10,100,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Senior Apartments of Waxahachie, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: 180-unit senior multifamily residential rental development to be located on the south side of the Highway 287 Bypass approximately 3/4 of a mile west of the intersection of Ovilla Road and the Highway 287 Bypass, Ellis County, Texas. The Development initially will be owned by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Robbye Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-2213; and/or robbye.meyer@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Robbye Meyer in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Robbye Meyer at least three days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200500345

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 25, 2005


Houston-Galveston Area Council

Request for Proposal

(TRN-05-4330-01)

The Houston-Galveston Area Council (H-GAC) is requesting written proposals to provide congestion mitigation analysis and transportation control measures data collection. The primary objective of this project is to gather traffic and transportation system data to enable the H-GAC to determine whether adding single-occupant vehicle capacity to an existing roadway facility or corridor is justified.

A pre-proposal meeting is scheduled at 2 p.m. on Wednesday, February 9, 2005 , at H-GAC offices. Submittals are due by 2 p.m. on Wednesday, February 23, 2005 . Late submittals will NOT be accepted. Six (6) typewritten, bound/stapled and signed copies are required.

The Request for Proposals packet can be downloaded from the H-GAC Transportation Department Web site at www.h-gac.com/transportation . Interested firms may also obtain the packet at the H-GAC offices at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, or by contacting ILyas Choudry at 713-993-4564, or Jerry Bobo at 713-993-4571. All questions regarding the Request for Proposals must be made in writing, and can be sent to the attention of ILyas Choudry by email to ilyas.choudry@h-gac.com, faxed to 713-993-4508, or mailed to the Houston-Galveston Area Council, P.O. Box 22777, Houston, TX 77227-2777. While questions regarding this request for proposals are welcome anytime, no scope of services questions will be answered before the pre-proposal meeting.

TRD-200500352

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: January 26, 2005


Texas Department of Insurance

Company Licensing

Application to change the name of INDUSTRIAL-ALLIANCE PACIFIC LIFE INSURANCE COMPANY to INDUSTRIAL ALLIANCE INSURANCE AND FINANCIAL SERVICES INC. OF CANADA, a foreign life, accident and/or health company. The home office is in Vancouver, Canada.

Application for admission to the State of Texas by PHYSICIANS INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Pompano Beach, Florida.

Application for admission to the State of Texas by STANFORD LIFE INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Phoenix, Arizona.

Application for admission to the State of Texas by UNIVERSAL INSURANCE COMPANY OF TEXAS, a foreign fire and/or casualty company. The home office is in Sarasota, Florida.

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-200500364

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 26, 2005


Texas Department of Licensing and Regulation

Correction of Error

The Texas Department of Licensing and Regulation adopted amendments to 16 TAC §§68.1, 68.10, 68.20, 68.30, 68.31, 68.50 - 68.54, 68.65, 68.70, 68.74 - 68.76, 68.79, 68.80, 68.90, 68.93, 68.100, and 68.101 and new §68.102 and §68.103 in the January 28, 2005, issue of the Texas Register (30 TexReg 382).

The preamble to the rule adoption states:

". . . §68.102(b)(2)(C) has been changed to specify that the maximum distance from the curb line to the detectable warning's edge nearest the curb line is 10" rather than 8"." Due to an error in the agency's document submission, the text of §68.102 published on page 388, column 2 does not include this change. In addition, the phrase "as a minimum 24" in depth" should be "at a minimum of 24" in depth."

The text of §68.102(b)(2)(C) should read as follows:

(C) At diagonal curb ramps constructed within the public right-of-way, detectable warnings complying with TAS 4.29 at a minimum of 24" in depth (in the direction of pedestrian travel) and extending the full width of the curb ramp or landing, or textures complying with TAS 4.7.4, shall be provided. Additionally, the department will allow the detectable warning to be curved with the radius of the corner. The detectable warning shall be located so that the edge nearest the curb line is 6" minimum and 10" maximum from the curb line.

TRD-200500357


Texas Lottery Commission

Instant Game Number 529 "Wheel of Fortune"

This game procedure is being amended to reflect changes in the programming parameters and validation requirements. This amended game procedure supersedes the game procedure that was published in the January 14, 2005, issue of the Texas Register (30 TexReg 145).

1.0 Name and Style of Game.

A. The name of Instant Game No. 529 is "WHEEL OF FORTUNE". The play style is "key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 529 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 529.

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: B, C, D, F, G, H, J, K, L, M, N, P, Q, R, S, T, V, W, X, Y, Z, WHEEL SYMBOL, $1.00, $2.00, $3.00, $5.00, $8.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $200, $1,000, $2,500 and $25,000.

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

Figure 1: GAME NO. 529 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 529 - 1.2E

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

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

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

H. Mid-Tier Prize - A prize of $50.00, $100 or $200.

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

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (529), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 529-0000001-001.

L. Pack - A pack of "WHEEL OF FORTUNE" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 001 and 002 will be on the top page; tickets 002 and 003 on the next page; etc.; and tickets 249 and 250 will be on the last page. Please note the books will be in a 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 "WHEEL OF FORTUNE" Instant Game No. 529 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 "WHEEL OF FORTUNE" Instant Game is determined once the latex on the ticket is scratched off to expose 23 (twenty-three) Play Symbols. If a player matches any of YOUR LETTERS play symbols to any of the WHEEL LETTERS play symbols the player wins prize for that letter. If a player reveals a wheel symbol the player wins $20 instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 23 (twenty-three) 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 23 (twenty-three) 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 23 (twenty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 23 (twenty-three) 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 Letters play symbols on a ticket.

C. No duplicate Wheel Letters play symbols on a ticket.

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

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

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

G. The wheel symbol will always appear with the $20 prize symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "WHEEL OF FORTUNE" Instant Game prize of $2.00, $3.00, $5.00, $8.00, $10.00, $15.00, $20.00, $50.00, $100, 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, $100 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 "WHEEL OF FORTUNE" Instant Game prize of $1,000, $2,500 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "WHEEL OF FORTUNE" 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 Health and Human Services Commission 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 "WHEEL OF FORTUNE" 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 "WHEEL OF FORTUNE" 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. 529. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 529 - 4.0

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. 529 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. 529, 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-200500332

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 25, 2005


Instant Game Number 533 "Set for Life"

1.0 Name and Style of Game.

A. The name of Instant Game No. 533 is "SET FOR LIFE". The play style is "key number match with auto win and/or multiplier".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 533 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 533.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, COIN SYMBOL, STAR SYMBOL, LIFE SYMBOL, $1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $50.00, $100, $200, $500, $1,000, $2,500 and $5,000/WK.

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

Figure 1: GAME NO. 533 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 533 - 1.2E

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

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

G. Low-Tier Prize - A prize of $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, $200 or $500.

I. High-Tier Prize - A prize of $1,000, $2,500 or $5,000/WK ($5,000 per week not to exceed $5,000,000 total).

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 (533), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 533-0000001-001.

L. Pack - A pack of "SET FOR LIFE" Instant Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 050 will be exposed on one side of the pack and ticket front 001 on the other side.

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 "SET FOR LIFE" Instant Game No. 533 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 "SET FOR LIFE" Instant Game is determined once the latex on the ticket is scratched off to expose 44 (forty-four) play symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player will win prize shown for that number. If a player reveals a COIN SYMBOL, the player wins prize indicated instantly. If a player reveals a STAR SYMBOL, the player wins ten (10) times the prize shown. If the player reveals a LIFE play symbol, the player wins $5,000 per week (not to exceed $5,000,000 total). 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 44 (forty-four) 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 44 (forty-four) 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 44 (forty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 44 (forty-four) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. No duplicate WINNING NUMBERS play symbols on a ticket.

D. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

E. The STAR (win x 10) play symbol will only appear on intended winning tickets as dictated by the prize structure.

F. The LIFE play symbol will only appear with the $5,000/WK prize symbol and both symbols will only appear on the three winning tickets as dictated by the prize structure.

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).

2.3 Procedure for Claiming Prizes.

A. To claim a "SET FOR LIFE" Instant Game prize of $10.00, $20.00, $50.00, $100, $200, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, $200 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "SET FOR LIFE" Instant Game prize of $1,000 or $2,500, 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 "SET FOR LIFE" Instant Game prize of $10.00, $20.00, $50.00, $100, $200, $500, $1,000 or $2,500, 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. When claiming a "SET FOR LIFE" Instant Game prize of $5,000 per week , (not to exceed $5,000,000 total), the claimant must choose one of the following four (4) payment options for receiving the prize:

1. Weekly via direct deposit to the winner's account. With this plan, upon validation of the prize, 52 weekly payments of $5,000, less any taxes and/or other offsets or mandatory withholdings required by law, will be made each Wednesday up to $260,000 per year. Additional payment(s) may be made to reach the total maximum payment of $5,000,000. *NOTE: The investment is based on 52 weeks per year. Some years may have 53 weeks per year, however, only 52 weeks per year will be paid. On years with 53 weeks, no payment will be made on the last Wednesday in December.

2. Monthly via direct deposit to the winner's account. With this plan, upon validation of the prize, an initial payment of $21,674 less any taxes and/or other offsets or mandatory withholdings required by law, will be made each year on the first business day of the month of the claim. A payment of $21,666 less any taxes and/or other offsets or mandatory withholdings required by law, will be made on the first business day for the remaining eleven months of each year for a combined total of up to $260,000 per year. Monthly payments will be made for a period 231 months with the final payment of $16,660 less any taxes and/or other offsets or mandatory withholdings required by law, to reach the total maximum payment of $5,000, 000.

3. Quarterly via direct deposit to the winner's account. With this plan, upon validation of the prize, a payment of $65,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made four times a year on the first business day of the first month of each calendar quarter (January, April, July, October) for a total of $260,000 per year. Quarterly payments will be made for approximately 19 years for a total of 77 quarters with the final quarterly payment of $60,000 less any taxes and/or other offsets or mandatory withholdings required by law, to reach the total maximum payment of $5,000,000.

4. Annually via direct deposit to the winner's account. With this plan, Upon validation of the prize, a payment of $260,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made once a year on the first business day of the anniversary month of the claim. Annual payments will be made for a period of 19 years or a total of 19 annual payments. One additional payment of $60,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made to reach the total maximum payment of $5,000,000.

5. If a payment falls on a holiday or weekend, the payment will be made on the following business day.

E. 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 Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

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

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

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

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

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

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

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

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.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 "SET FOR LIFE" 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 "SET FOR LIFE" 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 8,040,000 tickets in the Instant Game No. 533. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 533 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 533 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. 533, 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-200500333

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 25, 2005


Instant Game No. 537 Lucky 7’s

1.0 Name and Style of Game.

A. The name of Instant Game No. 537 is "LUCKY 7’S". The play style is "three in a line".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 537 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 537.

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

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

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $3.00, $5.00, $7.00, $11.00, $17.00, $20.00, $27.00, $47.00, $77.00 $100, $200 and $2,000.

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

Figure 1: GAME NO. 537 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 537 - 1.2E

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

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $7.00, $11.00, $17.00 or $20.00.

H. Mid-Tier Prize - A prize of $27.00, $47.00, $77.00, $100 or $200.

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

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 (537), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 537-0000001-001.

L. Pack - A pack of "LUCKY 7’S" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on top page; tickets 006 to 010 on the next page; etc.; and tickets 246 to 250 will be on the last page. A ticket will be folded over on both the front and back of the book so both ticket art and tickets backs are displayed in 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 "LUCKY 7’S" Instant Game No. 537 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 "LUCKY 7’S" Instant Game is determined once the latex on the ticket is scratched off to expose 10 (ten) Play Symbols. If a player reveals three identical play symbols, 7’s, either diagonally, vertically or horizontally then the player wins the prize shown in the prize box. 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 10 (ten) 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 10 (ten) 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 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 10 (ten) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. Every ticket will contain a minimum of four 7 symbols.

C. No ticket will contain 3 or more of a kind other than the 7 symbol.

D. A ticket may only win once.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY 7’S" Instant Game prize of $1.00, $2.00, $3.00, $5.00, $7.00, $11.00, $17.00, $20.00, $27.00, $47.00, $77.00, $100 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 $27.00, $47.00, $77.00, $100 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 "LUCKY 7’S" Instant Game prize of $2,000, 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 "LUCKY 7’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 Health and Human Services Commission 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 "LUCKY 7’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 "LUCKY 7’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 17,040,000 tickets in the Instant Game No. 537. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 537 - 4.0

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. 537 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. 537, 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-200500265

Kimberely L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 20, 2005


Public Utility Commission of Texas

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

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 20, 2005, for designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.

Docket Title and Number: Application of Mid-Tex Cellular, Ltd. For Designation as an Eligible Telecommunications Carrier (ETC). Docket Number 30666.

The Application: The company is requesting ETC designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e), the commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETCs for service areas set forth by the commission.

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 February 18, 2005. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30666.

TRD-200500342

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2005


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

On June 18, 2005, Megsinet-CLEC, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60221. Applicant intends to relinquish its certificate.

The Application: Application of Megsinet-CLEC, Incorporated to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 30660.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 9, 2005. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30660.

TRD-200500294

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2005


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 14, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156.

Docket Title and Number: Application of West Telcom, Incorporated for a Service Provider Certificate of Operating Authority, Docket Number 30653 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

Applicant's requested SPCOA geographic area includes the area of Texas comprising the Dallas Local Access and Transport Area (LATA).

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 February 9, 2005. 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 30653.

TRD-200500275

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2005


Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on January 18, 2005, for an amendment to certificated service area boundaries.

Docket Style and Number: Application of TXU Electric Delivery Company for a Certificate of Convenience for Service Area Boundaries within Dallas County, Texas. Docket Number 30661.

The Application: The proposed boundary amendment will realign the electric service area boundaries at the General Dynamic's Ordinance and Tactical Systems facility to allow TXU Electric Delivery Company (TXU Delivery) to serve the entire site. A section of the facility site, comprising three individual structures, is located in the singly certificated service area of Garland Power and Light (Garland) and is provided electric service by Garland. TXU Delivery requests an exception in service area to serve the three structures located in the singly certificated area of Garland. Garland has agreed with a change in service arrangement.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than February 11, 2005, 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 30661.

TRD-200500343

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2005


Notice of Filing Made for Approval of a Tariff Rate Change for a Tariff Rate Change Pursuant to P.U.C. Substantive Rule §26.171

Notice is given to the public of an application filed by North Texas Telephone Company (North Texas) with the Public Utility Commission of Texas (commission) on January 10, 2005, to make a tariff rate change.

Title and Control Number: Application of North Texas Telephone Company (North Texas) for Approval of Minor Rate Changes Pursuant to P.U.C. Substantive Rule §26.171. Tariff Control Number 30641.

The Application: North Texas has filed a statement of intent with the commission to implement rate changes to its residential and business monthly Local Exchange Access Line Service and Returned Check Charge. North Texas also intends to revise and re-classify its Service Order Charges. North Texas estimates that this tariff change will increase the regulated intrastate gross annual revenues of the company by $10,630 for the first year of service, which is less than 3% of North Texas' gross annual intrastate revenues.

For a copy of the proposed tariffs or for further information regarding this application, customers should contact North Texas Telephone Company at 6100 Highway 16, DeLeon, TX 76444 or call (254) 893-2003 during regular business hours.

Customers have a right to petition the commission for a review of this application. If the commission receives a complaint relating to the proposed change from either an affected intrastate access customer or a group of affected intrastate access customers that, the preceding 12 months, the company billed more than 10% of its total intrastate gross access revenues, the application will be docketed. The deadline to comment or request to intervene in this proceeding is April 1, 2005. Persons wishing to comment or intervene should contact the Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711- 3326 or call the commission at (512) 936-7120 or in Texas (toll-free) at 1-888-782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (toll-free) 1-800-735-2988.

TRD-200500263

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 19, 2005


Texas Department of Transportation

Public Notice--Aviation

Pursuant to Transportation Code, §21.111 and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site:

http://www.dot.state.tx.us

Click on Aviation, click on Aviation Public Hearing. Or, contact Joyce Moulton, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 1-800-68 PILOT.

TRD-200500269

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 20, 2005


Request for Proposal for Aviation Engineering Services

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

Airport Sponsor: City of Spearman, Spearman Municipal Airport. TxDOT CSJ No.:0304SPEAR Scope: Provide engineering/design services to rehabilitate runway 2/20; mark runway 2/20; rehabilitate parallel & stub taxiways.

The DBE goal is set at 0%. TxDOT Project Manager is Russell Deason.

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

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

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).

Four completed, unfolded copies of Form AVN 550 must be postmarked by U. S. Mail by midnight Friday, February 25, 2005 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. Monday, February 28, 2005; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. Monday, February 28, 2005 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Amy Slaughter.

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

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

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

If there are any procedural questions, please contact Amy Slaughter, Grant Manager, or Russell Deason, Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200500346

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 25, 2005


Request for Proposal - Private Consultant Services

The Texas Department of Transportation (TxDOT) announces a Request for Proposal (RFP) for private consultant services pursuant to Government Code, Chapter 2254, Subchapter B. The term of the contract will be from project initiation to 270 days later. The Maintenance Division (division) of TxDOT will administer the contract. The RFP will be released on February 11, 2005 and is contingent upon the finding of fact from the Governor's Office.

Purpose : The consultant is needed to develop and document functional requirements for a new maintenance management application. Based on the requirements, the consultant will also propose and document alternative solutions for the new system. The requirements and alternative solutions will be used to determine the feasibility of replacing the current Maintenance Management Information System (MMIS) with a new system which will extend the functionality of the existing application. The consultant will: develop a comprehensive description of functional requirements for each management level for each module within the Maintenance Management Cycle as defined by the Maintenance Division and document alternative solutions to be considered during phase 2 of the project.

Eligible Applicants : Eligible applicants include, but are not limited to, organizations that provide private consulting services.

Program Goal : The completion of a report that documents business requirements for a new application and proposed solutions for the new application.

Review and Award Criteria : Each application will first be screened for completeness and timeliness. Proposals that are deemed incomplete or arrive after the deadline will not be reviewed. A team of reviewers from the division will evaluate the proposals as to the private consultant's competence, knowledge, and qualifications and as to the reasonableness of the proposed fee for the services. The criteria and review process are further described in the RFP.

Deadlines : TxDOT must receive proposals prepared according to instructions in the RFP package at or before March 11, 2005, 5:00 p.m. Central Daylight Time.

To Obtain a Copy of the RFP : Requests for a copy of the RFP should be submitted to Brandye Payne, Texas Department of Transportation, Maintenance Division, 125 East 11th Street, Austin, Texas 78701-2483. Telephone (512) 416-3191. Fax (512) 416-2941.

Copies will also be available on TxDOT's Maintenance Division web page at

http://www.dot.state.tx.us/mnt/contract/rfp.htm

or

http://www.dot.state.tx.us Select About TxDOT, Divisions and Offices, Maintenance Division, Request for Proposals/Qualifications

TRD-200500347

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 25, 2005


The University of Texas System

Notice on Entering into Major Consulting Services Contract

In accordance with the provisions of Chapter 2254, Texas Government Code , The University of Texas at San Antonio has entered into a contract for consulting services more particularly described in the Request for Proposal for Consulting Services related to the food service master plan, published in the Texas Register on October 22, 2004, (29 TexReg 10322). The consultant will design and implement a new master food service plan and provide advisory service.

The name and address of the consultant is as follows:

Worrell Design

10200 Richmond Ave Ste 280

Houston, TX 77042-416055

The University will pay an amount not to exceed $36,300.00. The initial term of the contract shall be for a period starting January 24, 2005 through May 2005. Final reports are due no later than May 31, 2005.

Any questions regarding this posting should be directed to:

Jeannette P. Portillo

Buyer II

Materials Management Department

The University of Texas at San Antonio

6900 N. Loop 1604 West

San Antonio, TX 78249

Voice: 210-458-4063

Email: jeannette.portillo@utsa.edu

TRD-200500362

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: January 26, 2005


Request for Proposal - Consulting Services

The University of Texas Southwestern Medical Center at Dallas

Notice of Intent to Seek Consulting Services Related to Clinical Service Strategic Planning

The University of Texas Southwestern Medical Center at Dallas will be seeking competitive sealed proposals to hire a consultant to provide U. T. Southwestern with the development of a comprehensive clinical strategic plan. The consultant will develop various deliverables including a Stakeholder Interview Survey Tool and Analysis Process, development of processes for U. T. Southwestern’s Health System Planning Team to be involved in the clinical services planning process, the development of an implementation plan for a minimum of one year, and a comprehensive Strategic Plan Document that provides a road map for 3-5 years, including implementation workplans and infrastructure capital investments.

The President of U. T. Southwestern has made a finding of fact that the consulting services are necessary. U. T. Southwestern does not currently have the in-house expertise to complete this project.

The award for the services will be made by a review of competitive sealed proposals that will result in the best value to the University.

Parties interested in a copy of the Request for Proposal should contact:

Trish Smith

Associate Vice President for Health System Planning

UT Southwestern Medical Center at Dallas

5323 Harry Hines Blvd.

Dallas, TX 75390-9131

Voice: 214/648-9986

Email: trish.smith@utsouthwestern.edu

The proposal submission deadline will be Monday, February 28, 2005 at 3:00 p.m. Central Time.

TRD-200500341

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: January 25, 2005


Request for Proposal - Consulting Services

The University of Texas Southwestern Medical Center at Dallas

Notice of Intent to Seek Consulting Services Related to ERP Business Case Development and System Selection Services

The University of Texas Southwestern Medical Center at Dallas is seeking competitive sealed proposals for consulting assistance and system selection services of a new Enterprise Resource Planning (ERP) solution for the university, with a primary focus on finance, materials management and human resources modules. A major component of these selection services will include the development of a business case for the U. T. Southwestern Health System, identifying the projected business benefits of implementing an ERP system as well as projecting detailed capital and operating costs for implementing and supporting the new processes and systems. Finally, the consultant will recommend an ERP system vendor, based on its ability to meet the requirements defined in the Business Case, and will also provide a recommend scope and approach for system implementation.

The President of U. T. Southwestern has made a finding of fact that the consulting services are necessary. U. T. Southwestern does not currently have the in-house expertise to complete this project.

The award for the services will be made by a review of competitive sealed proposals that will result in the best value to the University.

Parties interested in obtaining a copy of the Request for Proposal should contact:

Mr. Timothy G. Stephens

Director, Information Resources

Mailing Address: 5323 Harry Hines Blvd. Dallas, TX 75390-8595

Phone: 214-648-1588

Fax: 214-648-6235

Email: timothy.stephens@utsouthwestern.edu

The proposal submission deadline will be Tuesday, March 1, 2005, at 5:00 p.m. CST.

TRD-200500363

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: January 26, 2005


Texas Workers' Compensation Commission

Invitation to Apply to the Medical Advisory Committee (MAC)

The Texas Workers' Compensation Commission seeks to have a diverse representation on the MAC and invites qualified individuals from all regions of Texas to apply for openings on the MAC in accordance with the eligibility requirements of the Procedures and Standards for the Medical Advisory Committee . The Medical Review Division is currently accepting applications for the following Medical Advisory Committee representative vacancies:

Primary

* Public Health Care Facility

Alternate

* Public Health Care Facility

* Dentist

* Pharmacist

* Podiatrist

* Employer

* Employee

* General Public Representative 1

* General Public Representative 2

Commissioners for the Texas Workers' Compensation Commission appoint the Medical Advisory Committee members who are composed of 18 primary and 18 alternate members representing health care providers, employees, employers, insurance carriers, and the general public. Primary members are required to attend all Medical Advisory Committee meetings, subcommittee meetings, and work group meetings to which they are appointed. The alternate member may attend all meetings, however during a primary member's absence, the alternate member must attend meetings to which the primary member is appointed. Requirements and responsibilities of members are established in the Procedures and Standards for the Medical Advisory Committee as adopted by the Commission.

The Medical Advisory Committee meetings must be held at least quarterly each fiscal year during regular Commission working hours. Members are not reimbursed for travel, per diem, or other expenses associated with Committee activities and meetings. Voluntary service on the Medical Advisory Committee is greatly appreciated by the TWCC Commissioners and the TWCC Staff.

The purpose and task of the Medical Advisory Committee, which includes advising the Commission's Medical Review Division on the development and administration of medical policies, rules and guidelines, are outlined in the Texas Workers' Compensation Act, §413.005.

Applications and other relevant Medical Advisory Committee information may be viewed and downloaded from the Commission's website at http://www/twcc.state.tx.us. Click on 'Commission Meetings', then 'Medical Advisory Committee'. Applications may also be obtained by calling Jane McChesney, MAC Coordinator, at 512-804-4855 or Ruth Richardson, Manager of Monitoring, Analysis and Education, Medical Review Division at 512-804-4850 .

The qualifications as well as the terms of appointment for all positions are listed in the Procedures and Standards for the Medical Advisory Committee. These Procedures and Standards are as follows:

LEGAL AUTHORITY The Medical Advisory Committee for the Texas Workers' Compensation Commission, Medical Review Division is established under the Texas Workers' Compensation Act, (the Act) §413.005.

PURPOSE AND ROLE The purpose of the Medical Advisory Committee (MAC) is to bring together representatives of health care specialties and representatives of labor, business, insurance and the general public to advise the Medical Review Division in developing and administering the medical policies, fee guidelines, and the utilization guidelines established under §413.011 of the Act.

COMPOSITION Membership. The composition of the committee is governed by the Act, as it may be amended. Members of the committee are appointed by the Commissioners and must be knowledgeable and qualified regarding work-related injuries and diseases.

Members of the committee shall represent specific health care provider groups and other groups or interests as required by the Act, as it may be amended. As of September 1, 2001, these members include a public health care facility, a private health care facility, a doctor of medicine, a doctor of osteopathic medicine, a chiropractor, a dentist, a physical therapist, a podiatrist, an occupational therapist, a medical equipment supplier, a registered nurse, and an acupuncturist. Appointees must have at least six (6) years of professional experience in the medical profession they are representing and engage in an active practice in their field.

The Commissioners shall also appoint the other members of the committee as required by the Act, as it may be amended. An insurance carrier representative may be employed by: an insurance company; a certified self-insurer for workers' compensation insurance; or a governmental entity that self-insures, either individually or collectively. An insurance carrier member may be a medical director for the carrier but may not be a utilization review agent or a third party administrator for the carrier.

A health care provider member, or a business the member is associated with, may not derive more than 40% of its revenues from workers compensation patients. This fact must be certified in their application to the MAC.

The representative of employers, representative of employees, and representatives of the general public shall not hold a license in the health care field and may not derive their income directly from the provision of health care services.

The Commissioners may appoint one alternate representative for each primary member appointed to the MAC, each of whom shall meet the qualifications of an appointed member.

Terms of Appointment: Members serve at the pleasure of the Commissioners, and individuals are required to submit the appropriate application form and documents for the position. The term of appointment for any primary or alternate member will be two years, except for unusual circumstances (such as a resignation, abandonment or removal from the position prior to the termination date) or unless otherwise directed by the Commissioners. A member may serve a maximum of two terms as a primary, alternate or a combination of primary and alternate member. Terms of appointment will terminate August 31 of the second year following appointment to the position, except for those positions that were initially created with a three-year term. For those members who are appointed to serve a part of a term that lasts six (6) months or less, this partial appointment will not count as a full term.

Abandonment will be deemed to occur if any primary member is absent from more than two (2) consecutive meetings without an excuse accepted by the Medical Review Division Director. Abandonment will be deemed to occur if any alternate member is absent from more than two (2) consecutive meetings which the alternate is required to attend because of the primary member's absence without an excuse accepted by the Medical Review Division Director.

The Commission will stagger the August 31st end dates of the terms of appointment between odd and even numbered years to provide sufficient continuity on the MAC.

In the case of a vacancy, the Commissioners will appoint an individual who meets the qualifications for the position to fill the vacancy. The Commissioners may re-appoint the same individual to fill either a primary or alternate position as long as the term limit is not exceeded. Due to the absence of other qualified, acceptable candidates, the Commissioners may grant an exception to its membership criteria, which are not required by statute.

RESPONSIBILITY OF MAC MEMBERS Primary Members. Make recommendations on medical issues as required by the Medical Review Division.

Attend the MAC meetings, subcommittee meetings, and work group meetings to which they are appointed.

Ensure attendance by the alternate member at meetings when the primary member cannot attend.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies.

Alternate Members. Attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed during the primary member's absence.

Maintain knowledge of MAC proceedings.

Make recommendations on medical issues as requested by the Medical Review Division when the primary member is absent at a MAC meeting.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies when the primary member is absent from a MAC meeting.

Committee Officers. The TWCC Commissioners designate the chairman of the MAC. The MAC will elect a vice chairman. A member shall be nominated and elected as vice chairman when he/she receives a majority of the votes from the membership in attendance at a meeting at which nine (9) or more primary or alternate members are present.

Responsibilities of the Chairman: Preside at MAC meetings and ensure the orderly and efficient consideration of matters requested by the Medical Review Division; prior to meetings, confer with the Medical Review Division Director, and when appropriate, the TWCC Executive Director to receive information and coordinate:

a. Preparation of a suitable agenda.

b. Planning MAC activities.

c. Establishing meeting dates and calling meetings.

d. Establishing subcommittees.

e. Recommending MAC members to serve on subcommittees.

If requested by the Commission, appear before the Commissioners to report on MAC meetings.

COMMITTEE SUPPORT STAFF The Director of Medical Review will provide coordination and reasonable support for all MAC activities. In addition, the Director will serve as a liaison between the MAC and the Medical Review Division staff of TWCC, and other Commission staff if necessary.

The Medical Review Director will coordinate and provide direction for the following activities of the MAC and its subcommittees and work groups:

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

Maintaining tracking reports of actions taken and issues addressed by the MAC.

Maintaining attendance records.

SUBCOMMITTEES The chairman shall appoint the members of a subcommittee from the membership of the MAC. If other expertise is needed to support subcommittees, the Commissioners or the Director of Medical Review may appoint appropriate individuals.

WORK GROUPS When deemed necessary by the Director of Medical Review or the Commissioners, work groups will be formed by the Director. At least one member of the work group must also be a member of the MAC.

WORK PRODUCT No member of the MAC, a subcommittee, or a work group may claim or is entitled to an intellectual property right in work performed by the MAC, a subcommittee, or a work group.

MEETINGS Frequency of Meetings. Regular meetings of the MAC shall be held at least quarterly each fiscal year during regular Commission working hours.

CONDUCT AS A MAC MEMBER Special trust has been placed in members of the Medical Advisory Committee. Members act and serve on behalf of the disciplines and segments of the community they represent and provide valuable advice to the Medical Review Division and the Commission. Members, including alternate members, shall observe the following conduct code and will be required to sign a statement attesting to that intent.

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

Conduct themselves at all times in a manner that promotes cooperation and effective discussion of issues among MAC members;

Accurately represent their affiliations and notify the MAC chairman and Medical Review Director of changes in their affiliation status;

Not use their memberships on the MAC: a. in advertising to promote themselves or their business. b. to gain financial advantage either for themselves or for those they represent; however, members may list MAC membership in their resumes;

Provide accurate information to the Medical Review Division and the Commission;

Consider the goals and standards of the workers' compensation system as a whole in advising the Commission;

Explain, in concise and understandable terms, their positions and/or recommendations together with any supporting facts and the sources of those facts;

Strive to attend all meetings and provide as much advance notice to the Texas Workers' Compensation Commission staff, attn: Medical Review Director, as soon as possible if they will not be able to attend a meeting; and

Conduct themselves in accordance with the MAC Procedures and Standards, the standards of conduct required by their profession, and the guidance provided by the Commissioners, Medical Review Division or other TWCC staff.

TRD-200500334

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: January 25, 2005