TITLE in-addition

Texas State Affordable Housing Corporation

Notice of Public Hearing

MULTIFAMILY HOUSING REVENUE BONDS (NORTH SIDE MANOR APARTMENTS) SERIES 2005

Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on July 29, 2005 at 6:00 p.m., in the cafeteria at the Oveal Williams Senior Center, 1414 Martin Luther King Drive, Corpus Christi, Texas 78401, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to Housing and Community Services Inc., a non-profit housing corporation, to finance the rehabilitation and renovation of an existing 120-unit multifamily housing property (the "Property") located in the city of Corpus Christi, Texas. The public hearing, which is the subject of this notice, will concern the North Side Manor Apartments with 100 units located at 1401 North Alameda, Corpus Christi, Texas 78401 and 20 units located at 1735 Lake Street, Corpus Christi, Texas 78401. The Property will be owned by HCS 311, LLC, a subsidiary of Housing and Community Services, Inc.

All interested parties are invited to attend such public hearing to express their views with respect to the Property and the issuance of the Bonds. Questions or requests for additional information may be directed to Katherine Closmann at the Texas State Affordable Housing Corporation, 1005 Congress Avenue, Suite 500, Austin, Texas 78701; 1-888-638-3555 ext. 424.

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

Individuals who require auxiliary aids in order to attend this meeting should contact Laura Smith, ADA Responsible Employee, at 1-888-638-3555, ext.400 through Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided at this meeting should contact Laura Smith at 1-888-638-3555, ext. 400, at least five days before the meeting so that appropriate arrangements can be made.

Individuals may transmit written testimony or comments regarding the subject matter of this public hearing to Katherine Closmann at kclosmann@tsahc.org.

TRD-200502677

David Long

President

Texas State Affordable Housing Corporation

Filed: June 29, 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 v. Giles Construction Co., Inc. , Cause No. 2004-23333, in the 157th Judicial District Court, Harris County, Texas.

Nature of Defendant's Operations: Defendant was engaged in the business of land clearing throughout Harris County. Defendant was cited for violations due to improper use of a trench burner on three separate occasions.

Proposed Agreed Judgment: The Agreed Final Judgment and Injunction permanently enjoins Defendant to comply with all of the provisions of the environmental rules and regulations of the Texas Commission on Environmental Quality. Defendant has agreed to pay Plaintiffs $19,500.00, consisting of $17,500.00 in civil penalties to be divided equally between Harris County and the State of Texas, and $2,000.00 in attorney's fees to be divided equally between Harris County and the 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, contact A.G. Younger, Agency Liaison, at (512) 463-2110.

TRD-200502659

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: June 28, 2005

Texas Building and Procurement Commission

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

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

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

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

ALABAMA:

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

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

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

Code of Alabama, Title 23, §23-1-51 --All motor fuels, oils, greases and lubricants bought by or for the State Department of Transportation for use in the construction, maintenance and repair of the county roads and bridges shall be purchased from vendors and suppliers residing in the county where such motor fuels, oils, greases and lubricants are to be used.

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

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

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

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

ALASKA:

Alaska Statutes, §35.27.020 --Art Requirements For Public Buildings and Facilities

(g) When purchasing art for public buildings, a preference is given the use of state culture and the selection of Alaska resident artists.

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

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

Alaska Statutes, §36.30.170

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Title 2, Alaska Administrative Code, §12.260

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

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

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

American Samoa Statutes, §12.0210 --Preference to local bidders in procurement contracts. Construction bids from off-island bidders may not be accepted where the contract value is estimated at 1.5 million dollars or less. Responsible local bidders must be given a 10% preference for works valued over 1.5 million dollars. For goods or services preference to local bidders shall be given as follows:

3-0 up to $10,000 -- 25%

More than $10,000 up to $50,000 -- 12%

More than $50,000 up to $100,000 -- 10%

More than $100,000 up to $200,000 -- 5%

More than $200,000 -- -0-

This section shall not apply to any procurement which is funded wholly or partially with federal funds.

ARIZONA:

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

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

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

ARKANSAS:

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

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

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

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

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

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

Arkansas Code Annotated, AR ST §19-11-901 --Preference is given to "suitable products", produced and offered by facilities certified by the Arkansas Rehabilitation Services, where manufacture or handiwork is carried out for the primary purpose of providing evaluation, training, and gainful employment to disabled individuals of Arkansas.

CALIFORNIA:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

California Code of Regulations, Title 2, Administration, Division 2, Financial Operations, Subchapter 9, §1896.31 . In contract for goods having estimated cost in excess of $100,000, except a contract where the worksite will be fixed by the terms of the contract a 5 percent preference given to California based companies who certify that no less than 50 percent of the labor required to perform the contract shall be accomplished at a worksite or worksites located in a distressed area.

COLORADO:

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

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

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

Colorado Revised Statutes Annotated, §8-19-102 (2) --Resident Bidder Defined. A person, partnership, corporation, or joint venture authorized to transact business in Colorado and which maintains its principal place of business in Colorado; or a person, partnership, corporation, or joint venture authorized to transact business in Colorado that maintains a place of business in Colorado and has paid Colorado unemployment compensation taxes in at least seventy-five percent of the eight quarters immediately prior to bidding on a construction contract for a public project.

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

Colorado Revised Statutes Annotated, §8-18-103 --Preference for State Agricultural Products. Governmental bodies shall five preference to agricultural products produced in Colorado by a resident bidder when the product is suitable and available in sufficient quantity.

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

Colorado Revised Statutes Annotated, §24-103-202.5--Low tie bid awards . Tie bid preference to Colorado resident bidder.

Statute text Colorado Revised Statutes Annotated, §24-30-1203 --Public agencies shall purchase products and services directly from nonprofit agencies for persons with severe disabilities agencies whenever such products and services are available at a price, including profit, overhead materials and labor, determined to be reasonable.

Colorado Revised Statutes Annotated, §24-30-1403 --Professional Services State agencies purchasing professional services shall give preference to Colorado firms when qualifications are equal.

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

Colorado Revised Statutes Annotated, §26-8.2-103 --Preference for products from the Colorado Rehabilitation Center for the Visually Impaired when products or services conform to the required standards, public agencies shall purchase such products and services, when available, directly from the center. The price determined by the center shall be an amount equal to the cost of raw materials, labor, overhead, and delivery.

Colorado Revised Statutes Annotated, §43-1-1406 --Design-build Contracts. Department of Transportation shall allow a preference to Colorado residents in awarding an adjusted score design-build contract unless it would conflict with Federal requirements.

CONNECTICUT:

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

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

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

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

DELAWARE:

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

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

DISTRICT OF COLUMBIA:

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

District of Columbia Code, §2-217.03 --Assistance programs for local business enterprise contractors, disadvantaged business enterprise contractors, and small business enterprise contractors.

(a) The Mayor pursuant to §2-217.06 shall make rules to assist local, small, or disadvantaged business enterprises and shall include preferences and set-asides. In evaluating bids and proposals, agencies shall award preference points as follows:

(b)(2)(A) Points

(i) Three points for resident business ownership;

(ii) Four points for local business enterprises;

(iii) Two points for businesses located in enterprise zones; and

(iv) Three points for disadvantaged business enterprises.

(B) A percentage reduction in price, in the case of bids, as follows:

(i) Three percent for resident business ownership;

(ii) Four percent for local business enterprises;

(iii) Two percent for businesses located in enterprise zones; and

(iv) Three percent for disadvantaged business enterprises.

(3) A bid or proposal from a qualified business enterprise may be entitled to any or all of the preferences provided in paragraph (2) of this subsection.

(c) A certified prime contractor shall perform at least 50% of the contracting effort, excluding the cost of materials, goods, and supplies, with its own organization and resources, and if it subcontracts, 50% of the subcontracted effort excluding the cost of materials, goods, and supplies shall be with certified local, disadvantaged, or small business enterprises.

(d) For construction contracts of up to $1 million, a certified prime contractor shall perform at least 50% of the on-site work with its own work force, excluding the cost of materials, goods, supplies, and equipment, and, if it subcontracts, 50% of its subcontracts, excluding the cost of materials, goods, supplies and equipment, shall be with certified local, small, or disadvantaged business enterprises

FLORIDA:

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

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

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

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

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

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

Florida Drug-Free Workplace Program under Florida Statute §440.102 -"Commodity" means any of the various supplies, materials, goods, merchandise, food, equipment, and other personal property, including a mobile home, trailer, or other portable structure with floor space of less than 3,000 square feet, purchased, leased, or otherwise contracted for by the state and its agencies. "Commodity" also includes interest on deferred-payment commodity contracts. However, commodities purchased for resale are excluded from this definition. Further, a prescribed drug, medical supply, or device required by a licensed health care provider as a part of providing health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration for clients at the time the service is provided is not considered to be a "commodity." Printing of publications shall be considered a commodity when competitively bid.

Florida Statutes, Title XXX, §413.03 --Priority to purchase any product or service from a qualified nonprofit agency for the blind or for other severely handicapped persons.

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

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

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

GEORGIA:

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

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

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

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

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

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

GUAM:

Guam Administrative Rules Title 2, Chapter 1, §1102.01 --Preference for supplies and services offered by a government of Guam entity employing sheltered or disabled workers.

Guam Administrative Rules Title 2, Chapter 1, §1104 --A preference for businesses licensed to do business on Guam and that maintain an office or other facility on Guam, whenever a business that is willing to be a contractor is:

(a) a licensed bona fide manufacturing business that adds at least twenty-five percent (25%) of the value of an item, not to include administrative overhead, using workers who are U.S. citizens or lawfully admitted permanent residents or nationals of the United States, or persons who are lawfully admitted to the United States to work, based on their former citizenship in the Trust Territory of the Pacific Islands; or

(b) a business that regularly carries an inventory for regular immediate sale of at least fifty percent (50%) of the supply items to be procured; or

(c) a business that has a bona fide! retail our wholesale business location that regularly carries an inventory on Guam of a value of at least one half of the value of the bid or one hundred fifty thousand dollars ($150,000) whichever is less, of supplies and items of a similar nature to those being sought; or

(d) a service business actually in business doing a substantial portion of its business on Guam, and hiring at least ninety-five percent (95%) U.S. citizens, lawfully admitted permanent residents or nationals of the United States, or persons who are lawfully admitted to the United States to work, based on` their citizenship in any of the nations previously comprising the Trust Territory of the Pacific Islands. Procurement of supplies and services from off-Guam may be made if no business for such supplies or services may be found on Guam or if the total cost of F.O.B. job site, unloaded, or procurement from off-Guam is no greater than eighty-five percent (85%) of the total cost F.O.B. job site, unloaded, of the same supplies or services when procured from a business licensed to do business on Guam that maintains an office or other facility on Guam and that is one of the above-designated businesses entitled to preference.

HAWAII:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IDAHO:

Idaho Code, Title 60, §60-101 --Preference for all printing, binding, engraving and stationery work to be executed within the State of Idaho, except when, as provided in §60-103 of the Idaho Code, the instate charge is higher than is normally charged private individual or requires a technique or process not available in Idaho when that technique or process is essential.

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

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

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

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

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

Idaho Code, Title 44. Chapter 10 §44-1001 --In all state, county, municipal, and school construction, repair, and maintenance work under any of the laws of this state the contractor, or person in charge thereof must employ ninety-five percent (95%) bona fide Idaho residents as employees on any such contracts except where under such contracts fifty (50) or less persons are employed the contractor may employ ten percent (10%) nonresidents, provided however, in all cases such employers must give preference to the employment of bona fide Idaho residents in the performance of such work; provided, that in work involving the expenditure of federal aid funds this act shall not be enforced in such a manner as to conflict with or be contrary to the federal statutes prescribing a labor preference to honorably discharged soldiers, sailors, and marines, prohibiting as unlawful any other preference or discrimination among the citizens of the United States.

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

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

Idaho Code Title 40, Chapter 9, §40-906. and Title 31 Chapter 40, §31-4003 --When the expenditure contemplated for highways and bridges, or expenditures for which bids are required, exceeds $5,000, but not $25,000 the district shall obtain price or cost quotations from at least 3 responsible vendors in the business of supplying such goods or services. To enhance small business bidding opportunities, the district shall seek a minimum of 3 price quotations from registered vendors having a significant Idaho economic presence as defined in §67-2349, Idaho Code. If the district finds that it is impractical or impossible to obtain 3 quotations for the proposed transaction, the district may acquire the property in any manner the district deems best. The district shall then procure the goods or services from the responsible vendor quoting the lowest price. When the expenditure contemplated exceeds $25,000, it shall be contracted for and let to the lowest responsible bidder. Where both bids and quality of property offered are the same, preference shall be given to the property of local and domestic production and manufacture or from bidders having a significant Idaho economic presence as defined in §67-2349, Idaho Code.

ILLINOIS:

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

If only non-residents bid, the purchasing agency is within its right to specify that Illinois labor and manufacturing locations be used in the manufacturing process, if applicable.

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

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

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

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

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

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

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

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

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

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

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

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

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

INDIANA:

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

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

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

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

Indiana Code, Title 4, Article 13, Chapter 6, §2.7 (See IC5-15-20 below) --Preference for Indiana businesses with principal place of business located in Indiana, that pays a majority of its payroll (in dollar volume) to residents, and has a substantial positive economic impact on Indiana.

(c) There are the following price preferences for a contractor that is an Indiana business:

(1) Five percent (5%) for a contract expected by the division to be less than five hundred thousand dollars ($500,000).

(2) Three percent (3%) for a contract expected by the division to be at least five hundred thousand dollars ($500,000) but less than one million dollars ($1,000,000).

(3) One percent (1%) for a contract expected by the division to be at least one million dollars ($1,000,000).

(e) The division shall award a contract to the lowest responsive and responsible contractor, regardless of the preference provided in this section, if:

(1) the contractor is an Indiana contractor; or

(2) the contractor is a contractor from a state bordering Indiana and the contractor's home state does not provide a preference to the home state's contractors more favorable than is provided by Indiana law to Indiana contractors.

Indiana Code, Title 5, Article 22, Chapter 15, §20 IC 5-22-15-20 (see definition of Indiana business listed under IC 4-13.6-6-2.7 above) A governmental body may adopt rules to give a preference to an Indiana business that submits an offer for a purchase under this article if the criteria listed in IC 4-13.6-6-2.7 apply Rules must provide that a contract shall be awarded to the lowest responsive and responsible offeror, regardless of the preference provided under this section, if:

(1) the offeror is an Indiana business; or

(2) the offeror is a business from a state bordering Indiana and the offeror's home state does not provide a preference to the home state's businesses more favorable than is provided by Indiana law to Indiana businesses

Indiana Code, Title 5, Article 22, Chapter 11, §1IC 5-22-11-1 --Requirement to purchase from the department of correction. Sec. 1. Preference for supplies and services produced or manufactured by the Indiana Department of Correction unless the supplies and services cannot be furnished in a timely manner as added by P.L.49-1997, SEC.1.

IOWA:

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

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

Iowa Code Annotated, Title II, Subtitle 3, Chapter 73, §73.1 I.C.A. §73.1 --Preference by state, county, township, school district, or city commission, boards, committees, officer or other governing bodies for products and provisions grown and coal produced within Iowa when found in marketable quantities, reasonable quality, and may be purchased without additional cost over products from outside the state. This does not apply to a school district participating in the federal school lunch program. All requests for proposals for materials, products, supplies, provisions and other articles and services shall not be written in a way to exclude an Iowa-based company capable of filling the needs from submitting a responsive proposal.

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

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

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

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

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

Iowa Code Annotated, Title IX, Local Gov't Subtitle 1, Chapter 331, §331.341 --Preference by County Boards for Iowa products and labor.

Iowa Code Annotated, Title VII, Subtitle 7, Chapter 304, §304A.13 --Preference for the selection of fine art works created or otherwise made by living or deceased Iowa artists.

Iowa Code Annotated, Title I, Subtitle 4, Chapter 8A, Subchapter 3, §8A.311 --Tie-breaking and reciprocal preference for goods produced in Iowa unless quantity too small to be effective.

KANSAS:

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

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

KENTUCKY:

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

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

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

Kentucky Revised Statutes, Title VII, §56.005--Preference for composted materials collected at Kentucky state and local facilities, to be used by state agencies.

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

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

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

Kentucky Administrative Regulation Title 200, Chapter 5, §325 --A state agency shall consider Kentucky-made wood products on master agreements.

LOUISIANA:

Louisiana Revised Statutes, Title 27, Chapter 5, Part VI. --In purchasing or contracting for goods and services, the casino gaming operator and the corporation shall give preference and priority to Louisiana residents, laborers, vendors, and suppliers except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operational efficiency. The corporation shall give preference to select a casino operator who demonstrates the willingness and ability to purchase and contract for goods and services from or with Louisiana residents, laborers, vendors, and suppliers.

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

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

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

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

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

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

A preference is applied for purchasing Louisiana products which include materials, supplies and equipment as long as they do not exceed the cost of non Louisiana products by more than 10%. "Louisiana products" means products which are manufactured, processed, produced, or assembled in Louisiana.

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

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

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

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

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

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

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

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

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

Louisiana Revised Statutes Title 38, Chapter 10, Part IV, §2252 --Preference to materials, supplies and provisions, produced, manufactured or grown in Louisiana quality being equal to articles offered by competitors outside of the state.

Louisiana Revised Statutes, Title 38, Chapter 10, Part IV, §2261 --Preference for goods manufactured, or services performed, by Louisiana state operated sheltered workshops for severely handicapped individuals.

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

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

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

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

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

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

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

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

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

Louisiana Revised Statutes, Title 46, Chapter 38 Part III, Subpart B, §333 --Preference to blind persons, under the administration of the Louisiana Department of Social Services, in the operation of vending stands, vending machines, and other small business concessions to be operated on the premises on State controlled properties.

Louisiana Revised Statutes, Title 48, Chapter 1, Subpart B. --Preference in letting contracts for public works. Provides a reciprocal preference applied to nonresident contractors bidding on a public works contract.

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

MAINE:

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

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

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

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

Maine Revised Statutes Annotated, Title 7, Chap 8-A, §213 --Assuming reasonable similarity in quality, quantity and availability with other foodstuffs offered for sale, state or school purchasers shall buy meat, fish, dairy products, excluding milk and eggs, and species of fruits and fresh vegetables, directly from Maine food producers or from food brokers who assist in the distribution of foodstuffs produced or harvested by Maine food producers as long as it does not increase institutional meals more than 30 cents per day or school meals more than 7 cents per meal.

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

MARYLAND:

Annotated Code of Maryland, Title 3, §3-515 --A unit of State government shall purchase goods or services that are available from State Use Industries at a price not exceeding the prevailing average market price.

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

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

Annotated Code of Maryland, Title 14, §14-103 --Priority of preferences. The State or a State aided or controlled entity shall buy supplies and services from: (1) State Use Industries, as provided in Title 3, Subtitle 5 of the Correctional Services Article, if State Use Industries provides the supplies or services; (2) Blind Industries and Services of Maryland, if: (i) Blind Industries and Services of Maryland provides the supplies or services; and (ii) State Use Industries does not provide the supplies or services; or (3) sheltered workshops if: (i) a sheltered workshop provides the supplies or services; (ii) neither State Use Industries nor Blind Industries and Services of Maryland provides the supplies or services; and (iii) the State or a State aided or controlled entity is not required by law to buy the supplies or services from any other unit of the State government.

Annotated Code of Maryland, State Finance and Procurement Code, Title 14, --Preference applied to a small business as long as price does not exceed low bid by more than 5%. Percentage preference may vary among industries to account for their particular characteristics. "Small business" preference means a purchase request for which bids are invited from a list of qualified bidders that includes small businesses. (Md. State Finance and Procurement Code, §14-201, 202)

Annotated Code of Maryland, State Finance and Procurement Code, Title 14, §14-207 --5% preference by General Services, Department of Transportation, or the University System of Maryland for a procurement contract designated for a small business preference to the small business that is a responsible bidder.

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

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

MASSACHUSETTS:

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

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

MICHIGAN:

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

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

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

Michigan Statutes Annotated, Chapter 24, §24.6 --Printing paid wholly or in part with state funds must be printed within the State of Michigan. Firms must use the allied printing trades council union label.

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

MINNESOTA:

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

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

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

Up to a 4% preference may be awarded in the amount bid on state construction to small businesses located in an economically disadvantaged area. A business is considered to be in an economically disadvantaged area if (1) the owner resides in or the business is located in a county in which the median income for married couples is less than 70 % of the state median income for married couples; (2) the owner resides in or the business is located in an area designated a labor surplus area by the United States Department of Labor; or (3) the business is a rehabilitation facility or work activity program.

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

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

MISSISSIPPI:

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

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

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

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

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

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

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

Mississippi Code 1972 Annotated, §31-7-18 --Preference to lowest bid received from a motor vehicle dealer domiciled within the county of the governing authority for any motor vehicle having a gross vehicle weight rating of less than twenty-six thousand (26,000) pounds that shall not exceed a sum equal to three percent (3%) greater than the price or cost which the dealer pays the manufacturer.

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

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

MISSOURI:

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

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

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

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

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

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

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

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

Missouri Revised Statutes, Title IV, §34.363 --Notice of state bidding opportunities shall be given to Missouri manufacturers or service providers. A list of Missouri products will be made available to all state agencies, public institutions of higher education and other interested parties. State agencies must make a good faith search of Missouri companies and products. The commissioner of the office of administration shall ensure state agencies follow the requirements of this section and the preference provisions in Chapter 34.

Missouri Statute §50.780 --Counties and Townships may give preference to merchants and dealers within their counties provided the price offered is not above that offered elsewhere.

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

Missouri Code of State Regulations, Title 6, Division 250, Chapter 3, §020 . Preference for Missouri goods and services as long as it does not increase cost except in emergencies or when not readily available.

MONTANA:

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

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

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

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

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

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

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

Montana Code Annotated, §32-2-105 --Reciprocity. When another state imposes taxes, fines, penalties, licenses, fees, deposits of money or securities, or other obligations or prohibitions on building and loan associations of this state doing business in that state, the same obligations and prohibitions shall be imposed on associations or agents of that state conducting or attempting to conduct a building and loan business or a business of like kind or character in this state.

Montana Administrative Rules, STATE PROCUREMENT 2.5.408 --Reciprocal preference against the bid of a nonresident bidder equal to the percent of the preference given to the bidder in the state or country in which the bidder is a resident applied only to an invitation for bid for supplies or an invitation for bid for non-construction services for public works.

NEBRASKA:

Nebraska Revised Statutes, §73-101.01 --Reciprocal preference in favor of Nebraska resident business in the letting of a public contracts for road contract work or any public improvements work, or for supplies, construction, repairs and improvements except where it not permitted by Federal regulation or law (See Nebraska R.S., §73-101 exceptions to §73-101 in §73-106 below).

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

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

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

Nebraska Revised Statutes, §83-145 --Tie-breaking preference for goods, farm-products and printing from the Nebraska Correctional Services. Goods received from divisions of corrections outside of Nebraska shall be of the same status and will be subject to the same restrictions and penalties as if they had been manufactured in the Nebraska Department of Correctional Services.

Nebraska Revised Statutes, §83-152 --Goods made by confined persons; reciprocity. Goods produced in whole or in part by persons confined outside Nebraska may be transported and sold in Nebraska in the same manner as goods produced by persons committed to the state corrections department in Nebraska.

Nebraska Revised Statutes, §82-323 --The Nebraska Arts Council shall give a preference to regional artists in its selection of and commissioning of artists.

Nebraska Revised Statutes §48-1503 --Governmental subdivisions may negotiate directly with sheltered workshops (defined below) for products and services.

Nebraska Revised Statutes, §14-564 --City Councils may negotiate directly with sheltered workshops (defined below) for supplies.

Nebraska Revised Statutes, Chapter 48, §1501 --Sheltered workshop, defined. Sheltered workshop shall mean a facility in Nebraska operated by a public agency or a private nonprofit corporation providing employment to physically or mentally disabled clients in a program of rehabilitation, certified in compliance with the Fair Labor Standards Amendments of 1966, Public Law No. 89-601, 80 Stat. 830.

Nebraska Administrative Code, Title 9, Chapter 4, §003 --Tie bid preference for Nebraska bidder. Reciprocal preference for Nebraska bidders equal to the preference given or required by the state of the non-resident bidder.

Nebraska Administrative Code, Title 199, Chapter 2, §002 --In scrap tires cleanup and recycling, the director shall give preference to projects which utilize scrap tires generated and used in Nebraska.

Nebraska Administrative Code, Title 192, Chapter 1, §005.05 --Commission for the Blind will give preference to comparable goods and services that can be procured from Nebraska service providers and businesses. Use of out-of-state vendors is limited to situations in which an out-of-state vendor is geographically closer to the recipient, the good or service is not available in-state, or the total cost to the program for the good or service is substantially less considering the actual and related cost of the good or service.

NEVADA:

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

Nevada Revised Statutes, Title 27, §333.336 --Preference imposed on non-resident bidders by increasing the non-resident's bid or proposal equivalent to the preference the state of which the bidder is a resident denies to bidders or contractors who are residents of Nevada.

Nevada Revised Statutes, Title 27, §333.375 --The Purchasing Division may award a contract for services or commodities without accepting competitive bids to certain Nevada organizations or agencies described in chapter 435 of NRS whose primary purpose is the training and employment of persons with a mental or physical disabilities.

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

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

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

NEW HAMPSHIRE:

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

NEW JERSEY:

New Jersey Statutes Annotated, §30:6-15.1 --Preference in granting permits to operate vending facilities in State Buildings given to blind persons who have lived in New Jersey at least one year and are under the supervision and control of the said New Jersey Commission for the Blind.

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

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

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

NEW MEXICO:

New Mexico Statutes Annotated, §13-1-21 --Other than for the purchase of school buses or when the expenditure of federal funds is involved for a bid price greater than $5,000,000.00 the following preferences apply: (note in the calculations that New Mexico prefers local manufacturers over local businesses.)

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

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

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

When bids are received from resident manufacturers, resident businesses and nonresident businesses and the lowest responsible bid is from a nonresident business, the contract shall be awarded to the resident manufacturer whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident manufacturer is evaluated as lower than the bid price of the nonresident business when multiplied by a factor of .95. If there is no resident manufacturer eligible for award under this provision, then the contract shall be awarded to the resident business whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident business is made lower than the bid price of the nonresident business when multiplied by a factor of .95.

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

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

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

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

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

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

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

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

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

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

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

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

(b) the lowest bid price of the resident business when multiplied by a factor of .95 is made lower than the otherwise low recycled content goods bid price offered by a nonresident business or manufacturer.

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

This section shall not apply when the expenditure of federal funds designated for a specific purchase is involved or for any bid price greater than $5,000,000.00.

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

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

"New Mexico resident business" means a business that is authorized to do and is doing business under the laws of the State of New Mexico that (1) maintains its principal place of business in the State of New Mexico; (2) has staffed an office and has paid applicable state taxes for two years prior to awarding of the bid; and (3) is an affiliate of a business that meets the requirements of (1) and (2). "Affiliate" means and entity that directly or indirectly through one or more intermediate controls, is controlled by or is under common control with the qualifying business through ownership of voting securities representing a majority of the total voting power of the entity.

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

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

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

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

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

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

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

NEW YORK:

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

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

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

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

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

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

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

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

Products of qualified apparel manufacturer and contractor on the special September eleventh bidder's registry. (note: Chapter 350 of the Laws of N.Y. defines requirements for listing on this registry.)

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

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

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

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

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

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

NORTH CAROLINA:

General Statutes of North Carolina, §111-41 --Preference to N.C. blind persons in operation of vending facilities on state property.

General Statutes of North Carolina, §111-48 --Preference to N. C. blind persons in operation of highway vending facilities.

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

Reciprocal Preference: on all contracts for equipment, materials, supplies, and services valued over $25,000, a percentage of increase shall be added to a bid of a nonresident bidder that is equal to the percentage of increase, if any, that the state in which the bidder is a resident adds to bids from bidders who do not reside in that state.

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

NORTH DAKOTA:

North Dakota Century Code, §25-16.2 --Preference given to non-profit, N.D. work centers for the chronically mentally ill for purchase of highway grade stakes.

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

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

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

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

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

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

North Dakota Administrative Code, §89-07-02-26 --Preference given to North Dakota bidders for weather modification operations contracts.

North Dakota Administrative Code, §4-12-11-02 --Reciprocal preference for North Dakota vendors equal to the preference given or required by the state of the nonresident bidder.

OHIO:

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

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

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

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

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

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

OKLAHOMA:

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

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

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

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

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

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

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

Oklahoma Statutes Title 7, Chapter 4, §73 --Preference and free Space to blind operators licensed and established by the Oklahoma State Department of Rehabilitation Services, for the operation of vending facilities in state and county buildings.

OREGON:

Oregon Revised Statutes, Title 26, §279A.120 --Preference for goods or services manufactured or produced in the Oregon if price, fitness, availability and quality are otherwise equal. Reciprocal preference in favor of Oregon businesses for public contracts. Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides. A resident bidder is a bidder who has paid unemployment taxes or income taxes in the State of Oregon for one year immediately preceding submission of the bid.

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

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

Oregon Administrative Rules, §125-030-0070 --Central Purchasing to add a percent increase on the Bid of a Nonresident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder is a resident.

Oregon Administrative Rules, §125-085-0000 --preference to nonprofit organizations which provide opportunity to persons with disabilities who reside in the State of Oregon to operate recycling programs to recycle products including: White ledger or bond paper; Stationery and letterheads; Plain bond machine copies; Computer printouts; Envelopes; Colored paper; Newspapers; Cardboard; Other acceptable products for collection may include but are not limited to, plastic, glass and metal, as determined for acceptability by the Department's recycling program.

Oregon Administrative Rules, §330-120-0010 --Department of Energy will give tie-breaking preference to individuals residing in Oregon and businesses which have their home office or headquarters in Oregon in contract for services.

PENNSYLVANIA:

Pennsylvania Code, Title 339, Part II, Chapter 11, Article VIII, §11.8-815A --Pennsylvania cities and townships shall give (5%) percent local preference for resident businesses or products either manufactured in Allentown or manufactured by entities headquartered in Allentown, but the preference is not to exceed $2,500 in awarding bids. A Resident Business means one which maintains its principal place of business in the City of Allentown or maintains an office which employs at least five (5) employees in the City of Allentown.

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

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

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

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

PUERTO RICO:

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

Laws of Puerto Rico Annotated, Title 3, Chapter 37, §914e --Fifteen percent (15% ) preference given to merchandise, goods, supplies, materials and nonprofessional services produced, assembled or packed in Puerto Rico or distributed by agents established in Puerto Rico shall be acquired, provided they comply with the specifications, terms and conditions.

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

Laws of Puerto Rico Annotated, Title 12, Chapter 128C, §1335l --Government agencies or instrumentalities shall require the purchase of lubricating oil that contains the highest percentage of oil recycled or refined preferably in Puerto Rico unless said it increases cost by more than 10% or does not meet standards recommended by the manufacturer of the equipment that shall use the oil.

RHODE ISLAND:

General Laws of Rhode Island, §37-2.2-3 --Preference for the state to purchase articles made or manufactured and services provided by persons with disabilities in nonprofit rehabilitation facilities, or in profit making facilities where 60% of the employees are disabled.

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

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

SOUTH CAROLINA:

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

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

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

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

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

Code of Laws of South Caroline Annotated, Title 43, Chapter 26, §43-26-40 --For operators of vending facilities in state buildings, preference given to "blind persons" who are eighteen years of age or older are residents of this South Carolina.

SOUTH DAKOTA:

South Dakota Codified Laws Annotated, §5-19-1 --Preference for materials, products and supplies which are found, produced or manufactured within the State of South Dakota. (§5-20-7. Waives preference when products or services unavailable)

South Dakota Codified Laws Annotated, §5-19-1.2 --Preference given to a person who operates a South Dakota grade A milk plant where milk and milk products are collected, handled, processed, stored, pasteurized, and packaged if his bid is equal to, or within five percent or less, of any other bidder.

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

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

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

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

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

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

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

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

South Dakota Codified Laws Annotated, §41-20-10 --Preference to native trees and tree seeds from South Dakota dealers.

South Dakota Codified Laws Annotated, §1-16B-42 --When considering two or more applications for a loan for development projects which have been identified as creating equal amounts of employment and income, preference shall be given to projects processing raw materials produced in South Dakota.

TENNESSEE:

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

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

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

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

Tennessee Code Annotated, §12-4-121 --Preference to goods, including agricultural products, produced or grown in Tennessee or offered by Tennessee bidders if the cost to the state and quality are equal. For Agricultural products not grown in Tennessee, agricultural products offered by Tennessee bidders shall be given preference, if cost to the state and quality are equal.

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

Tennessee Code Annotated, §71-4-703 and §71-4-204 --Preference to purchase all services or commodities that are available and certified by the Board of Standards from qualified nonprofit work centers for the blind or agencies serving individuals with severe disabilities.

Tennessee Administrative Rules--Purchasing of Materials, Supplies and Equipment, Chapter 0690-3-1-.08--Tie breaking preference given to in-state bidders.

TEXAS:

Texas Codes Annotated, Government Code, Title 2, §44.042 --A school district shall give preference to those agricultural produced, processed, or grown in Texas if the cost and quality is equal. Similar preference given to Texas plants, and vegetation used for landscaping purposes.

"Agricultural products" include textiles and other similar products. "Processed" means canning, freezing, drying, juicing, preserving, or any other act that changes the form of a good from its natural state to another form.

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

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

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

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

Texas Codes Annotated, Government Code, Title 10, §2155.444 --First preference is given in tie bids for goods and agricultural products produced or grown in Texas. Second tie bid preference given to agriculture products offered by Texas bidders that are of equal cost and quality to products from other states of the United States.

Next preference is given in tie bids for goods and agricultural products from other states of the United States over foreign goods and agricultural products that are of equal cost and quality.

Preference is also given to Texas vegetation native to the region in purchases for vegetation for landscaping purposes, including plants.

In the procurement of services, all state agencies shall give preference to a Texas bidder if the services meet state requirements on performance and quality and the cost does not exceed that of similar cost and services that are not offered by a Texas bidder.

Texas Codes Annotated, Government Code, Title 10, §2155.444 --A state agency that contracts for services shall require the contractor, in performing the contract, to purchase products and materials produced in this state when they are available at a price and time comparable to products and materials produced outside this state.

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

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

Texas Government Code, §2306.001 and 002 indicates that this section applies to blighted and depressed areas of Texas.

"Economically depressed or blighted area" means an area: (A) that is a qualified census tract as defined by §143(j), Internal Revenue Code of 1986 (26 U.S.C. §143(j)) or has been determined by the housing finance division to be an area of chronic economic distress under §143, Internal Revenue Code of 1986 (26 U.S.C. §143); (B) established in a municipality that has a substantial number of substandard, slum, deteriorated, or deteriorating structures and that suffers from a high relative rate of unemployment; or (C) that has been designated as a reinvestment zone under Chapter 311, Tax Code. (Texas Government Code, §2306.004)

Historically underutilized business zone. The term "historically underutilized business zone" means any area located within 1 or more: (A) qualified census tracts; (B) qualified nonmetropolitan counties; (C) lands within the external boundaries of an Indian reservation; or (D) redesignated areas. (15 U.S.C. 632(p))

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

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

Texas Codes Annotated, Government Code, Chapter 2254.027 --Preference given to Consultants with principle place of business in Texas if all else is equal.

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

Texas Administrative Code, Title 16, Chapter 401 --The Lottery Commission shall give preference to a Texas resident bidder or proposer and to the purchase or lease of goods produced in Texas if the cost to the state and quality being equal. Second preference given to goods or services produced in other states over foreign produced goods or services, cost and quality being equal.

Title 1, Texas Administrative Code, Chapter 303, §303.7 --The Texas National Research Laboratory Commission procurements shall give the tie-bid preferences required in 1 TAC §113.8 above.

Title 3, Texas Codes Annotated, Higher Education, Chapter 51, §51.941 --Institutions of higher education are to give preference to agricultural products grown, produced or processed in Texas if the cost to the institution and the quality of the products are equal to the cost and quality of other available products. Institutions of higher education are defined in §61.003.

Texas Statutes Annotated, Government Code Title 10, §2155.138 --Competitive bidding does not apply to a state purchase of goods or services made or provided by blind or visually impaired persons or offered for sale to a state agency through efforts made under law by the Texas Council on purchasing from People with Disabilities as long as the good or services meet state specifications for quantity, quality, delivery, life cycle costs and cost no more than the fair market price of similar goods or services.

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

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

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

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

UTAH:

Utah Code Annotated, §19-3-313 --Reciprocal restrictions on the import of waste. Waste may not be transported into and transferred, stored, decayed in storage, treated, or disposed of in the state if the state of origin of the waste or the state in which the waste was generated prohibits or limits similar actions within its own boundaries.

Utah Code Annotated, §55-5-3 --Preference to blind persons who have resided for at least one year in the state of Utah for a license to operate a vending stand or other enterprise.

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

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

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

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

Utah Administrative Rules, Rule 33-3-113 --Tie Bid preference given to a Utah resident bidder or to a Utah produced product.

Utah Administrative Rule 33-3-119 --Preference without competitive bidding, to Governmental Produced Supplies or Services produced or performed incident to programs such as industries of correctional or other governmental institutions where available at a fair and reasonable price.

VERMONT:

Vermont Statutes Annotated, Title 6, Chapter 207, §4601 --Tie break preference for agricultural products grown or produced in Vermont when available and when they meet quality standards established by the secretary of agriculture.

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

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

VIRGINIA:

Code of Virginia Annotated, §51.5-84 --Preference given blind persons who are residents of Virginia for licenses to operate vending facilities.

Code of Virginia Annotated, §2.2-4344 --Non-competitive preference given to goods or services that are produced or performed by persons, or in schools or workshops, under the supervision of the Virginia Department for the Blind and Vision Impaired; or nonprofit sheltered workshops or other nonprofit organizations that offer transitional or supported employment services serving the handicapped.

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

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

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

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

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

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

Code of Virginia Annotated, §53.1-47 and §53.1-133.8 --Preference for Articles and services produced or manufactured by persons confined in state correctional facilities or by the jail industry programs.

Virginia Administrative Code, 11 VAC 5-20-430 --Tie bid preference to proposals, goods, services and construction produced in Virginia or provided by Virginia persons, firms or corporations.

Virginia Administrative Code, 3VAC5-70-160 --No more than 25% of the fruits, fruit juices or other agricultural products used by the farm winery licensee shall be grown or produced outside of Virginia, except upon permission of the board. This 25% limitation applies to the total production of the farm winery. (A farm winery license limits retail sales to the premises of the winery and to two additional retail establishments.)

VIRGIN ISLANDS:

Virgin Island Code, Title 31, Chapter 23, §236a --Preference for construction services, supplies, materials, equipment, and contractual or consulting services from suppliers in the Virgin Islands where the total cost is not more than fifteen percent (15%) higher than non Virgin Island suppliers and the quality and availability are substantially equivalent.

Virgin Island supplier is (1) a person who has been a bona fide continuous resident of the United States Virgin Islands for at least 8 years or was born in the United States Virgin Islands; or (2) a firm, partnership or corporation in which at least fifty-one (51%) percent of the legal or equitable ownership is held by a person or persons who have been bona fide continuous residents of the United States Virgin Islands for at least 8 years or who were born in the United States Virgin Islands and (3) who is licensed in and maintains his or its principal place of business in the United States Virgin Islands and who owns, operates, or maintains a store, warehouse, or other place of business in the United States Virgin Islands or is the duly authorized agent, dealer, distributor or representative in the United States Virgin Islands for the materials, supplies, articles, or equipment or contractual or consulting services of the general character described by the specifications and required under a contract. In addition, a preferred bidder with respect to locally available agricultural products or bottled water shall utilize only locally produced agricultural products and bottled water in meeting the requirements of the bid.

WASHINGTON:

Revised Code of Washington, §15.36.131 --Sale of out-of-state grade A milk and milk products. Grade A milk and milk products from outside the state may not be sold in the state of Washington unless produced and/or pasteurized under provisions equivalent to the requirements of the state of Washington.

Revised Code of Washington, §39.23.020 --Municipalities may give non-competitive preference for products and services manufactured or provided by sheltered workshops and programs of the Washington department of social and health services as long as the offer is at fair market price.

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

Revised Code of Washington, §43.19.530 --Non-competitive preference products and/or services manufactured or provided by community rehabilitation programs of the Washington department of social and health services; and (Until December 31, 2007) businesses owned and operated by persons with disabilities as long as it does not exceed fair market price.

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

The criteria contained in (1), (2), and (3) do not apply to goods and services obtained from outside the state.

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

Revised Code of Washington, §43.78.130 --All printing, binding, and stationery work done for any state agency, county, city, town, port district, or school district in this state shall be done within Washington as long as it is available in state and the charge is no higher than customarily charged to private customers.

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

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

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

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

Washington Administrative Code, Chapter 43, §43.78.130 --Preference will be given to Native American artists in projects involving their culture.

Washington Administrative Code, Chapter 67, §67-35-010 --blind persons participating in the Washington State vending facility program are given preference in the operation of vending facilities on federal, state, county, municipal, and other local governmental property.

Washington Administrative Code, Chapter 137 §137-80-040 --any state agency, political subdivision of the state will give preference to those articles, materials, and supplies produced or manufactured by Washington correctional institutional industries.

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

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

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

WEST VIRGINIA:

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

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

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

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

West Virginia, Code of State Rules, Title 10, Series 12C, §110-12C-2.14.1-.4 --Resident vendor" means a vendor who is registered in accordance with article 12, chapter 11 of the Code to transact business within the State of West Virginia. Maintains its headquarters or principal place of business in the State; Has actually paid, and not just applied to pay, personal property taxes imposed by Chapter 11 of the Code on equipment used in the regular course of supplying services or commodities of the general type offered; Has actually paid, and not just applied to pay, all required business taxes imposed by Chapter 11 of the Code.

West Virginia, Code of State Rules, Title 10, Series 12C, §110-12C-3 and §110-12C-4 --Construction Services, Commodities and Printing. A two and one-half percent (2.5%) preference to an individual resident vendor who has resided in West Virginia continuously for four (4) years immediately preceding the bid, or a partnership, association or corporation resident vendor which has maintained its headquarters or principal place of business within West Virginia continuously for the four (4) years to the bid. The entity submitting a bid must actually be performing the services required.

A partnership, association or corporation shall be deemed to meet the four (4) year continuous residency requirement if at least eighty percent (80%) of the ownership interest of such resident vendor is held by another individual, partnership, association or corporation resident vendor who otherwise meets the four (4) year continuous residency requirement.

A two and one-half percent (2.5%) preference to a bid from a vendor which certifies that on an average at least sixty percent (60%) of the employees working on the project will have been residents of West Virginia continuously for the two (2) years immediately the bid. Bidders shall be responsible for ensuring subcontractor compliance with the sixty percent (60%) requirement.

A qualified bid may receive a five percent (5%) preference if the vendor submitting that bid meets both requirements of the foregoing subsections.

West Virginia Code of State Rules, Title 148, Series 1, §6.4.4 --Department of Administration. All purchases of commodities and printing made upon competitive bids, with the exception of construction services, are subject to a resident vendor preference in accordance with the rules promulgated by the Secretary of the Department of Tax and Revenue (above).

All purchases of commodities and printing made upon competitive bid are subject to reciprocity preference equal to the amount of preference applied or granted by another State.

WISCONSIN:

Wisconsin Statutes, §16.71 --State agencies may purchase products of and goods for resale by Wisconsin prison industries, other than printing or stationery, without inviting bids and without accepting the lowest responsible bid.

Wisconsin Statutes, §16.752 --Mandatory preference to commodities produced at an institution of the state for severely handicapped individuals if the commodity conforms to the specifications on the list, the ordering agency shall purchase the commodity from the institution.

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

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

Wisconsin Statutes, §35.012 --Laws and public documents shall be printed in this state except statutes and annotations of the 2nd class, yearbooks and other similar student publications not funded by student fees or student organization income, printing of the 5th and 7th classes and such copyrighted or patented or printing specialties not available for production within this state.

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

Wisconsin Administrative Code, Chapter AB 4, §4.05 --Tie breaking preference to Wisconsin artists when selecting artists to provide original works of visual art for buildings constructed by the state.

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

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

WYOMING:

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

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

Wyoming Statutes Annotated, §16-6-104 --Preference for resident Wyoming laborers, workmen and mechanics for all work enumerated in §16-6-102 above whenever possible. Wyoming materials and products of equal quality and desirability shall have preference over materials or products produced outside the state.

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

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

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

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

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

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

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

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

For questions concerning the Bidder Preference List, please contact the Office of General Counsel at (512) 463-4257 .

TRD-200502617

D. Kent Hardin

Legal Counsel

Texas Building and Procurement Commission

Filed: June 24, 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 June 17, 2005, through June 23, 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 June 29, 2005. The public comment period for these projects will close at 5:00 p.m. on July 29, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: Leroy Stanely ; Location: The project is located within Old River, adjacent to the San Jacinto River, at 17818 Riverside Drive, south of Interstate 10, in Channelview, Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Highlands, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 299678; Northing: 3297288. Project Description: The applicant proposes to construct a barge fleeting facility along approximately 650 feet of shoreline. The project involves 4.0 acres of dredging Old River, including 1.6 acres of wetlands, to -14 feet MLT and the discharge of fill material into a 0.3-acre existing slip. The disposal area will be located in the existing slip and in an upland location adjacent to the project site. The applicant proposes to compensate for impacts to 1.6 acres of wetlands and 2.1 acres of shallow open water by creating 3.6 acres of wetlands and 0.4 acre of intertidal channels at an existing wetland mitigation site under Permit 19284. CCC Project No.: 05-0321-F1; Type of Application: U.S.A.C.E. permit application #23418 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: BOSS Exploration & Production Corporation ; Location: The project is located in State Tracts (ST's) 348, 349, 350, 390, 391, 392, 395, 396, 397, and 415 in Corpus Christi Bay. The project can be located on the U.S.G.S. quadrangle maps entitled: Port Ingleside, Texas and Port Aransas, Texas. Approximate UTM Coordinates of center of tracts in NAD 27 (meters): Zone 14; Easting: 680950; Northing: 3077920. Project Description: The applicant requests re-authorization of an Oil Field Development Blanket Permit No. 12769 that expired December 31, 1993. The original permit provided authorization to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities in Corpus Christi Bay, ST's 348, 349 and 392, Nueces County, Texas. Amendment (01) authorized an extension of time until December 31, 1983. The permit was transferred to C. C. Operating Company on December 16, 1987. Amendment (02) provided authorization to retain an unauthorized channel, perform mitigation work, and to extend the time until December 21, 1990. Amendment (03) provided authorization to change the completion date for the mitigation work. The permit was transferred to Redfish Bay Operating Company on October 12, 1989. Amendment (04) provided authorization to perform a dredging operation and to maintain an oil well access channel in ST 349. Amendment (05) was withdrawn on September 24, 1990. Amendment (06) authorized an extension of time to complete work until December 31, 1993 and authorized the addition of ST's 350, 395, 396, 397, and 415 to the permit area. Amendment (07) was withdrawn on April 8, 1996. The applicant proposes to retain the same ST's authorized in previous amendments, and conduct the same type of work associated with oil and gas production, which may include the installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines. Additionally, the applicant proposes to add ST's 391 and 392 to the permit area. CCC Project No.: 05-0328-F1; Type of Application: U.S.A.C.E. permit application #12769(08) 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: BOSS Exploration & Production Corporation ; Location: The project is located in Matagorda Bay inside State Tract (ST) 178, approximately south and west of Palacios, in Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map titled: Carancahua Pass, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 762196; Northing: 3163238. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities for the drilling of ST 178 No. 1 Well. Such activities include installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines. CCC Project No.: 05-0334-F1; Type of Application: U.S.A.C.E. permit application #23787 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: Neumin Production Company ; Location: The project is located in Lavaca Bay, in State Tract (ST) 10, Well No. 2, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 735785; Northing: 3168071. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities for the proposed ST-10 Well No. 2. The applicant proposes to drill for petroleum resources and install a 4-inch O.D. pipeline approximately 14,635 feet in length. The pipelines will be jetted or plowed a minimum of 3 feet below the bay bottom. Approximately 3,252 cubic yards of sand, silt, and clay will be displaced during pipeline construction. The trench is expected to fill in naturally. CCC Project No.: 05-0343-F1; Type of Application: U.S.A.C.E. permit application #23809 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: Davis Petroleum Company ; Location: The project is located in the Shore Acres area near the Bayport Channel in Galveston Bay, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Baycliff, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Tie-in point at shoreline (provided by Port of Houston Authority): Easting: 307740; Northing: 3276444. Tie-in point to existing Davis Petroleum 8-inch pipeline: Easting: 308861; Northing: 3276190. Project Description: Davis Petroleum Corporation requests authorization to reroute their existing 8-inch pipeline in State Tracts 216 and 255, in Galveston Bay, Chambers County, Texas. The Port Authority has requested this reroute to make room for future channel construction activities. The proposed route would begin at the shoreline coordinate (shown above) provided by the Port Authority. The proposed pipeline would then go in an easterly direction approximately 3,790 feet to a tie-in point on an existing 8-inch pipeline. The remaining section of the existing pipeline would be removed. CCC Project No.: 05-0344-F1; Type of Application: U.S.A.C.E. permit application #23823 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.

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. Tammy Brooks, Program Specialist, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200502682

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: June 29, 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 07/04/05 - 07/10/05 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 07/04/05 - 07/10/05 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Sec. 303.005 3 for the period of 07/01/05 - 07/31/05 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Sec. 303.005 for the period of 07/01/05 - 07/31/05 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-200502647

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 27, 2005

Court of Criminal Appeals

Availability of Grant Funds

The Court of Criminal Appeals announces the availability of funds to be provided in the form of grants to entities for the purpose of providing continuing legal education courses, programs, and technical assistance projects for; prosecutors, prosecutor office personnel, criminal defense attorneys who regularly represent indigent defendants in criminal matters, and judges, clerks, and other court personnel of the appellate courts, district courts, county courts at law, county courts, justice courts and municipal courts of this State. Funds are subject to the provisions of Chapter 56 of the Texas Government Code and the General Appropriations Bill (HB1) 79th Reg.Leg.Session. The grant period is September 1, 2005 through August 31, 2006 The deadline for applications is July 27, 2005. Applicants may request an application packet by phone, mail, or in person. The phone number is (512) 475-2312, and the address is: Court of Criminal Appeals, Judicial Education Program, 201 W. 14th Street, Austin, TX 78701.

The Court of Criminal Appeals also announces the availability of $150,000 in funding to be provided in the form of grants to entities for the purpose of providing continuing legal education courses, programs, and technical assistance projects on actual innocence for; criminal defense attorneys, prosecuting attorneys, and judges. Funds are subject to the provisions of Chapter 56 of the Texas Government Code and the General Appropriations Bill (HB1) 79th Reg.Leg.Session, Article IV, rider 8. The grant period is September 1, 2005 through August 31, 2006. The deadline for applications is July 27, 2005. Applicants may request an application packet by phone, mail, or in person. The phone number is (512) 475-2312, and the address is: Court of Criminal Appeals, Judicial Education Program, 201 W. 14th Street, Austin, TX 78701.

TRD-200502603

Troy Bennett

Clerk

Court of Criminal Appeals

Filed: June 23, 2005

Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding FKD Enterprises, Inc. dba Lucky Seven Food Mart, Docket No. 2002-1035-PST-E on June 17, 2005 assessing $12,150 in administrative penalties with $8,550 deferred.

Information concerning any aspect of this order may be obtained by contacting Barbara Klein, Staff Attorney at (512) 239-1320, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding C.R. Ashmore Family Partnership, Ltd. dba Opies Barbeque, Docket No. 2003-0686-PWS-E on June 17, 2005 assessing $11,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sarah Utley, Staff Attorney at (512) 239-0575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SHANI CORPORATION, Docket No. 2003-0991-PST-E on June 17, 2005 assessing $1,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Nadir Ali dba Get & Go Food Mart 4, Docket No. 2004-0162-PST-E on June 17, 2005 assessing $16,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Naurin, Inc. dba Shell III, Docket No. 2004-0432-PST-E on June 17, 2005 assessing $1,150 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Chris Friesenhahn, Enforcement Coordinator at (210) 403-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Muhammad S. Javaid, Docket No. 2004-0375-PST-E on June 17, 2005 assessing $8,480 in administrative penalties with $1,696 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tri Star Aviation, Inc., Docket No. 2004-0590-PST-E on June 17, 2005 assessing $2,340 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barbara Watson, Staff Attorney at (512) 239-2044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Bishnu Shiwakoti dba Shiwakoti's Grocery, Docket No. 2004-0707-PST-E on June 17, 2005 assessing $2,700 in administrative penalties with $540 deferred.

Information concerning any aspect of this order may be obtained by contacting Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Southwestern Industrial Contractors and Riggers, Inc., Docket No. 2004-0857-PST-E on June 17, 2005 assessing $1,800 in administrative penalties with $360 deferred.

Information concerning any aspect of this order may be obtained by contacting Ronnie Kramer, Enforcement Coordinator at (806) 468-0512, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Naurin, Inc. dba Shell III, Docket No. 2004-0922-PST-E on June 17, 2005 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Justin Lannen, Staff Attorney at (817) 588-5927, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Choice Petroleum, Inc. dba DJ's Country Store #2, Docket No. 2004-1058-PST-E on June 17, 2005 assessing $2,180 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ronnie Kramer, Enforcement Coordinator at (806) 468-0512, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sampri Investments, LLC dba Sammys 3, Docket No. 2004-1108-PST-E on June 17, 2005 assessing $2,460 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Chad Blevins, Enforcement Coordinator at (512) 239-6017, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Maknojia and Maknojia, Inc. dba Sam's Drive Inn #3, Docket No. 2004-1148-PST-E on June 17, 2005 assessing $2,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mex-Pak-U.S.A., Inc. dba Shop and Save Food Store, Docket No. 2004-1174-PST-E on June 17, 2005 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Chris Friesenhahn, Enforcement Coordinator at (210) 403-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Edcouch-Elsa Independent School District Public Facility Corporation, Docket No. 2004-1231-PST-E on June 17, 2005 assessing $1,900 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Susan Longenecker, Enforcement Coordinator at (512) 239-0968, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Herbert E. Brite dba K Q General Store, Docket No. 2004-1242-PST-E on June 17, 2005 assessing $950 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at (512) 239-7037, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Enedina Garza dba G & S Mart, Docket No. 2004-1298-PST-E on June 17, 2005 assessing $800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barbara Watson, Staff Attorney at (512) 239-2044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Canh M. Nguyen dba Mobil Mart Inc., Docket No. 2004-1299-PST-E on June 17, 2005 assessing $800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ruben Soto, Enforcement Coordinator at (512) 239-4571, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Department of Transportation, Docket No. 2004-1340-PST-E on June 17, 2005 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding James A. Ince dba Diamond Jims, Docket No. 2004-1349-PST-E on June 23, 2005 assessing $1,800 in administrative penalties with $360 deferred.

Information concerning any aspect of this order may be obtained by contacting Chad Blevins, Enforcement Coordinator at (512) 239-6017, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Andrew Enterprise, Inc. dba Audrey Chevron, Docket No. 2004-1382-PST-E on June 17, 2005 assessing $10,200 in administrative penalties with $2,040 deferred.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mehindi Fatehal Ajani dba Circle A Food Store, Docket No. 2004-1388-PST-E on June 17, 2005 assessing $3,210 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Deana Holland, Enforcement Coordinator at (512) 239-2504, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SR-KRUPA, Inc. dba SR Food & Gas, Docket No. 2004-1413-PST-E on June 17, 2005 assessing $1,350 in administrative penalties with $270 deferred.

Information concerning any aspect of this order may be obtained by contacting Susan Longenecker, Enforcement Coordinator at (512) 239-0968, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texarkana Water Utilities dba Texarkana Wastewater Treatment Facility, Docket No. 2004-1434-PST-E on June 17, 2005 assessing $1,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Judy Davis dba Judy's Kountry Kitchen, Docket No. 2004-1480-PST-E on June 17, 2005 assessing $3,150 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jeffrey Huhn, Staff Attorney at (512) 239-5111, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lighthouse Electric Cooperative, Inc., Docket No. 2004-1541-PST-E on June 17, 2005 assessing $1,500 in administrative penalties with $300 deferred.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dong Shin dba Coastal Gas Mart Richey Road, Docket No. 2004-1545-PST-E on June 17, 2005 assessing $2,910 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding In Sook Jung dba Highland Mobil, Docket No. 2004-1546-PST-E on June 17, 2005 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mike Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Highway Travel Centers, Inc. dba Highway Travel Center, Docket No. 2004-1551-PST-E on June 17, 2005 assessing $7,500 in administrative penalties with $1,500 deferred.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cecil Wayne Meadlin dba Meadlin Service Center, Docket No. 2004-1568-PST-E on June 17, 2005 assessing $3,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Namj C, Inc. dba M & S Express, Docket No. 2004-1576-PST-E on June 17, 2005 assessing $6,100 in administrative penalties with $1,220 deferred.

Information concerning any aspect of this order may be obtained by contacting Melissa Keller, Enforcement Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jaime Ramirez dba A's Food Store, Docket No. 2004-1614-PST-E on June 17, 2005 assessing $2,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Angleton ISD, Docket No. 2004-1618-PST-E on June 17, 2005 assessing $2,460 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Benavides ISD, Docket No. 2004-1623-PST-E on June 17, 2005 assessing $1,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cari Bing, Enforcement Coordinator at (512) 239-1445, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Nooruddin Dhanani dba Nice N Easy Food Store, Docket No. 2004-1630-PST-E on June 17, 2005 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sandy Van Cleave, Enforcement Coordinator at (512) 239-0667, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding L C Franklin, Inc. dba Hitching Post, Docket No. 2004-1632-PST-E on June 23, 2005 assessing $5,040 in administrative penalties with $1,008 deferred.

Information concerning any aspect of this order may be obtained by contacting Sandy Van Cleave, Enforcement Coordinator at (512) 239-0667, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jayesh I. Patel dba Spring Creek Trading Post, Docket No. 2004-1656-PST-E on June 17, 2005 assessing $800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Momin & Sons Incorporated dba Hearne Food Store, Docket No. 2004-1658-PST-E on June 17, 2005 assessing $2,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Byron Harris dba Fast Stop Grocery, Docket No. 2004-1665-PST-E on June 17, 2005 assessing $1,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jeffy's, Inc. dba Jeffys Exxon Mobil 2, Docket No. 2004-1676-PST-E on June 17, 2005 assessing $1,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator at (512) 239-2680, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding J&L Automotive, Inc. dba Midway Shamrock, Docket No. 2004-1682-PST-E on June 17, 2005 assessing $950 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Joseph Daley, Enforcement Coordinator at (512) 239-3308, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Talley Trucking Company, Inc., Docket No. 2004-1687-PST-E on June 17, 2005 assessing $800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Erika Fair, Enforcement Coordinator at (512) 239-6673, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mona Enterprises, Inc. dba Shop In Market, Docket No. 2004-1735-PST-E on June 17, 2005 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sidheshwar Singh dba Fairmont Food Mart, Docket No. 2004-1747-PST-E on June 17, 2005 assessing $1,680 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Rogelio Ramirez dba Pepe's Drive In No. 2, Docket No. 2004-1761-PST-E on June 17, 2005 assessing $2,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jill McNew, Enforcement Coordinator at (512) 239-0560, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding R D Wallace Oil Co., Inc. dba Wallace Oil Co., Docket No. 2004-1767-PST-E on June 17, 2005 assessing $900 in administrative penalties with $180 deferred.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Akber Ali Virani dba Airwood Grocery, Docket No. 2004-1777-PST-E on June 17, 2005 assessing $1,640 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Shbaita, Inc. dba Super Stop 4, Docket No. 2004-1782-PST-E on June 17, 2005 assessing $3,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Harold McGehee dba Harold's Foods, Docket No. 2004-1788-PST-E on June 17, 2005 assessing $1,800 in administrative penalties with $360 deferred.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ram Diversified, Inc. dba Copperfield Texaco, Docket No. 2004-1802-PST-E on June 17, 2005 assessing $1,940 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hong & Taft, Inc. dba H & T Texaco, Docket No. 2004-1826-PST-E on June 17, 2005 assessing $2,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Peter S. Kim dba EZ Stop N Go, Docket No. 2004-1834-PST-E on June 17, 2005 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Melissa Keller, Enforcement Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TammyMalik Enterprises, Inc. dba Poolville One Stop, Docket No. 2004-1837-PST-E on June 17, 2005 assessing $800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jill McNew, Enforcement Coordinator at (512) 239-0560, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Liem T. Quan dba Happy 7 11, Docket No. 2004-1838-PST-E on June 17, 2005 assessing $3,210 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jill McNew, Enforcement Coordinator at (512) 239-0560, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Maso, Inc. dba Chill City Conoco, Docket No. 2004-1841-PST-E on June 17, 2005 assessing $1,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jill McNew, Enforcement Coordinator at (512) 239-0560, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Usama Siddiqui dba Qavis, Docket No. 2004-1851-PST-E on June 17, 2005 assessing $3,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (713) 767-3500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ali Mohammad Munaf dba Brownies Mini Mart, Docket No. 2004-1892-PST-E on June 17, 2005 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Chad Blevins, Enforcement Coordinator at (512) 239-6017, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Joey Sulak dba Riverside Drive In, Docket No. 2004-1910-PST-E on June 17, 2005 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Melissa Keller, Enforcement Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Roger Beasley Imports, Inc. dba Mazda South, Docket No. 2004-1913-PST-E on June 17, 2005 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Howard Willoughby, Enforcement Coordinator at (361) 825-3140, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Bodin Concrete, L.P. dba Bodin Concrete Co., Docket No. 2004-1921-PST-E on June 17, 2005 assessing $2,400 in administrative penalties with $480 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HSY, Inc. dba Beltline Mobil, Docket No. 2004-1922-PST-E on June 17, 2005 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Melissa Keller, Enforcement Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tab Lonestar Holding, Inc. dba Super Stop 14, Docket No. 2004-1923-PST-E on June 17, 2005 assessing $950 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lazaro Juarez dba Downtown Fuel Service Car Wash, Docket No. 2004-1973-PST-E on June 17, 2005 assessing $1,900 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Gainesville, Docket No. 2004-2004-PST-E on June 17, 2005 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Domingo Escobedo dba Excobedo Exxon, Docket No. 2004-2008-PST-E on June 17, 2005 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Melissa Keller, Enforcement Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pravina Solanki dba Redland Grocery FFP 559, Docket No. 2004-2051-PST-E on June 17, 2005 assessing $2,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Shreehari Krupa Corporation dba BP Foodmart, Docket No. 2004-2066-PST-E on June 17, 2005 assessing $2,550 in administrative penalties with $510 deferred.

Information concerning any aspect of this order may be obtained by contacting Cari Bing, Enforcement Coordinator at (512) 239-1445, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Balques, Inc. dba Sunshine Food 2, Docket No. 2005-0102-PST-E on June 17, 2005 assessing $2,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Howard Willoughby, Enforcement Coordinator at (361) 825-3140, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Metro Business, Inc. dba Metro Mart 9, Docket No. 2005-0140-PST-E on June 17, 2005 assessing $2,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jill McNew, Enforcement Coordinator at (512) 239-0560, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tash, Inc. dba In-N-Out Mini Mart, Docket No. 2005-0243-PST-E on June 17, 2005 assessing $2,100 in administrative penalties with $420 deferred.

Information concerning any aspect of this order may be obtained by contacting Deana Holland, Enforcement Coordinator at (512) 239-2504, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200502663

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 28, 2005

Notice of District Petition

Notices mailed June 23, 2005.

TCEQ Docket No. 2005-0638-DIS; The Texas Commission on Environmental Quality (TCEQ) will conduct a hearing on an application for dissolution (Application) of Montgomery County Municipal Utility District No. 69 (District). The Application was filed with the TCEQ and includes a petition by LGI Land, LLC, as landowner; Woodforest National Bank, as first lienholder; and Vision Mortgage, Inc., as second lienholder (Applicants), being owners of property located within the District. The TCEQ will conduct this hearing under the authority of Chapter 49 and Chapter 54 of the Texas Water Code, Title 30, Chapter 293 of the Texas Administrative Code and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at 9:30 a.m., Wednesday, September 14, 2005, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. The District was created by Acts 1985, 69 Legislature, Chapter 855 (Senate Bill 1356) on June 15, 1985. The District operates under Texas Water Code Chapter 49 and Chapter 54 as a municipal utility district. The petition filed with the Application states that dissolution is desirable or necessary because the District is not required for the development of land within its boundaries. The petition filed with the Application states that the District: (1) has performed none of the functions for which it was created for five consecutive years preceding the date of the Application, (2) is financially dormant, and (3) has no outstanding bonded indebtedness. An affidavit from the State Comptroller of Public Accounts has been included in the Application, certifying that the District has no bonded indebtedness. If the request for dissolution is approved, the District's assets, if any, will escheat to the State of Texas and will be administered by the State Comptroller of Public Accounts and disposed of in the manner provided by Chapter 74 of the Texas Property Code. The TCEQ may grant a contested case hearing on this Application if a written hearing request is filed within 30 days after the newspaper publication of this notice.

TCEQ Docket No. 2005-0639-DIS; The TCEQ will conduct a hearing on an application for dissolution (Application) of Montgomery County Municipal Utility District No. 73 (District). The Application was filed with the TCEQ and includes a petition by LGI Land, LLC, as landowner; Woodforest National Bank, as first lienholder; and Vision Mortgage, Inc., as second lienholder (Applicants), being owners of property located within the District. The TCEQ will conduct this hearing under the authority of Chapter 49 and Chapter 54 of the Texas Water Code, Title 30, Chapter 293 of the Texas Administrative Code and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at 9:30 a.m., Wednesday, September 14, 2005, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. The District was created by Acts 1985, 69 Legislature, Chapter 859 (Senate Bill 1360) on June 15, 1985. The District operates under Texas Water Code Chapter 49 and Chapter 54 as a municipal utility district. The petition filed with the Application states that dissolution is desirable or necessary because the District is not required for the development of land within its boundaries. The petition filed with the Application states that the District: (1) has performed none of the functions for which it was created for five consecutive years preceding the date of the Application, (2) is financially dormant, and (3) has no outstanding bonded indebtedness. An affidavit from the State Comptroller of Public Accounts has been included in the Application, certifying that the District has no bonded indebtedness. If the request for dissolution is approved, the District's assets, if any, will escheat to the State of Texas and will be administered by the State Comptroller of Public Accounts and disposed of in the manner provided by Chapter 74 of the Texas Property Code. The TCEQ may grant a contested case hearing on this Application if a written hearing request is filed within 30 days after the newspaper publication of this notice.

TCEQ Docket No. 2005-0640-DIS; The TCEQ will conduct a hearing on an application for dissolution (Application) of Montgomery County Municipal Utility District No. 74 (District). The Application was filed with the TCEQ and includes a petition by LGI Land, LLC, as landowner; Woodforest National Bank, as first lienholder; and Vision Mortgage, Inc., as second lienholder (Applicants), being owners of property located within the District. The TCEQ will conduct this hearing under the authority of Chapter 49 and Chapter 54 of the Texas Water Code, Title 30, Chapter 293 of the Texas Administrative Code and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at 9:30 a.m., Wednesday, September 14, 2005, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. The District was created by Acts 1985, 69 Legislature, Chapter 860 (Senate Bill 1361) on June 15, 1985. The District operates under Texas Water Code Chapter 49 and Chapter 54 as a municipal utility district. The petition filed with the Application states that dissolution is desirable or necessary because the District is not required for the development of land within its boundaries. The petition filed with the Application states that the District: (1) has performed none of the functions for which it was created for five consecutive years preceding the date of the Application, (2) is financially dormant, and (3) has no outstanding bonded indebtedness. An affidavit from the State Comptroller of Public Accounts has been included in the Application, certifying that the District has no bonded indebtedness. If the request for dissolution is approved, the District's assets, if any, will escheat to the State of Texas and will be administered by the State Comptroller of Public Accounts and disposed of in the manner provided by Chapter 74 of the Texas Property Code. The TCEQ may grant a contested case hearing on this Application if a written hearing request is filed within 30 days after the newspaper publication of this notice.

INFORMATION SECTION

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

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

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 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-200502640

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 27, 2005

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 8, 2005 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 8, 2005 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Norberto Reyes; DOCKET NUMBER: 2004-1126-MSW-E; TCEQ ID NUMBER: 455150090; LOCATION: one mile east of the intersection of an unnamed road and the southernmost point of Flor de Mayo Road, Brownsville, Cameron County, Texas; TYPE OF FACILITY: unauthorized disposal site; RULES VIOLATED: 30 TAC §330.5(a), by causing, suffering, allowing, and/or permitting the unauthorized disposal of municipal solid waste; PENALTY: $2,100; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: Royce Ebner dba Guy's Dance Hall; DOCKET NUMBER: 2004-0023-PWS-E; TCEQ ID NUMBERS: 2490065 and RN103007605; LOCATION: 730 Public Road 4628, Briar, Wise County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.42(e)(2) and (3) and §290.110(b)(4) and (d)(3)(C), by failing to provide mechanical chlorination equipment to provide continuous disinfected water, by failing to maintain the residual disinfectant concentration in the far reaches of the distribution system at a minimum of 0.2 milligrams per liter (mg/L) free chlorine, and by failing to provide a chlorine test kit which uses the Diethyl-P-Phenylenadiamine (DPD) method; 30 TAC §290.121(a) and (b), by failing to maintain and provide a chemical and microbiological monitoring plan to include bacteriological analysis and chlorine residual readings; Texas Health and Safety Code (THSC), §341.035 and 30 TAC §290.39(h)(1) and (m) and §290.41(c)(3)(A), by failing to notify the executive director of a new system, by failing to obtain written approval of plans and specifications before construction of a new public water supply system, and by failing to furnish copies of well completion data that included the following items: a driller's log, a copy of the sanitary control easement, a cementing certificate, the results of a 36-hour pump test, and an original or legible copy of a United States Geological Survey; 30 TAC §290.46(v), by failing to install all water system electrical wiring in a securely mounted conduit in compliance with a local or national electrical code; 30 TAC §§290.41(c), 290.44(h)(1)(A), and 290.41(c)(3)(B), (J), (K), and (M) - (P), by failing to ensure sanitary conditions and surroundings at the well site, by failing to prohibit water connections to establishments where an actual or potential contamination or system hazard exists without an air gap separation or an approved backflow prevention assembly between the regulated entity and the source of contamination, by failing to provide a well casing that extends a minimum of 18 inches above the elevation of the finished floor of the pump room or natural ground surface, and by failing to provide a concrete sealing block, a screened casing vent, a suitable sampling cock (tap) on the well, a flow meter on the discharge line of the well, an intruder-resistant fence around the well, and an all-weather access road to the well site; 30 TAC §290.46(h), by failing to maintain on hand a supply of calcium hypochlorite disinfectant for use when making repairs to the water system; THSC, §341.0315(c) and 30 TAC §290.45(d)(2)(A), by failing to provide a minimum pressure tank capacity of 220 gallons; 30 TAC §290.46(f) and §290.42(k) (now §290.42(1)), by failing to compile and maintain monthly operating reports and a plant operations manual; 30 TAC §290.44(a)(4), by failing to install water transmission and distribution lines according to the manufacturer's instructions and below the frost line and no less than 24 inches below the ground surface; PENALTY: $1,750; STAFF ATTORNEY: Barbara J. Watson, Litigation Division, MC 175, (512) 239-2044; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200502657

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 28, 2005

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 8, 2005 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 8, 2005 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Marathon Ashland Petroleum LLC and BP Amoco Chemical Company; DOCKET NUMBER: 2005-0354-IHW-E; TCEQ ID NUMBER: RN102953379; LOCATION: 1027 6th Avenue, Texas City, Galveston County; TYPE OF FACILITY: chemical plant; RULES VIOLATED: TWC, §26.121, by discharging other waste into, or adjacent to, any water in the state which in itself or in conjunction with any other discharge or activity causes, continues to cause, or will cause pollution of any water in the state; and 30 TAC §335.4, by causing, suffering, allowing, or permitting the collection, handling, storage, processing, or disposal of industrial solid waste or municipal hazardous waste in such a manner so as to cause the discharge or imminent threat of discharge of industrial solid waste or municipal hazardous waste into, or adjacent to, the waters in the state without obtaining specific authorization for such a discharge; PENALTY: $0; Order amending Agreed Order, In the Matter of Amoco Chemical Company, Plant A, SWR No. 32297, Issued November 24, 1993; STAFF ATTORNEY: Mary Clair Lyons, Litigation Division, MC 175, (512) 239-6996; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Paul Kim dba Southpark Super Stop; DOCKET NUMBER: 2004-2075-PST-E; TCEQ ID NUMBERS: 7348 and RN102447901; LOCATION: 2120 East Southeast Loop 323, Tyler, Smith County, Texas; TYPE OF FACILITY: convenience store with the retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by an accidental release arising from operation of the petroleum underground storage tanks; PENALTY: $3,150; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: Sun Valley Distribution, Inc.; DOCKET NUMBER: 2004-1218-AIR-E; TCEQ ID NUMBERS: EE11170 and RN100813229; LOCATION: 11345 Pellicano Drive, El Paso, El Paso County; TYPE OF FACILITY: food products store; RULES VIOLATED: 30 TAC §115.252(2) and Texas Health and Safety Code, §382.085(b), by allowing, from a storage vessel, the transfer of gasoline which might ultimately be used in a motor vehicle in the El Paso area, with a Reid vapor pressure greater than 7.0 pounds per square inch; PENALTY: $900; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC 175, (512) 239-0575; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

TRD-200502656

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 28, 2005

Notice of Opportunity to Participate in Permitting Matters

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

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

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

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

TRD-200502642

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 27, 2005

Notice of Water Quality Applications

The following notices were issued during the period of June 15, 2005 through June 16, 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.

523 VENTURE, LTD. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014576001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located is located 1.3 miles south and 0.7 mile east of the intersection of U.S. Highway 290 and Becker Road in Harris County, Texas.

AMERIPOL SYNPOL CORPORATION which operates a styrene rubber manufacturing polymer facility, has applied for a renewal of TPDES Permit No. WQ0000817000, which authorizes the discharge of stormwater on an intermittent and flow variable basis via Outfalls 001, 002, and 003. The facility is located at 2000 East Pool Road, approximately 500 feet south of the intersection of Grandview Avenue and Interstate Highway 20, in the City of Odessa, Ector County, Texas.

CITY OF BOVINA has applied for a major amendment to Permit No. 10213-001, to authorize a change in the effluent disposal method from surface irrigation to disposal via evaporation from the stabilization/evaporation ponds and the playa lake. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day via irrigation of 22 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located at 501 East Street, east of 1st Street, north of State Highway 86 and on the west side of the closed City of Bovina landfill in the City of Bovina in Parmer County, Texas.

CITY OF CLUTE has applied for a major amendment to TPDES Permit No. 10044-001 to remove effluent limitations and monitoring requirements for total copper and total zinc. The application also includes a request for a temporary variance to the existing water quality standard for dissolved oxygen for the Flag Lake Drainage Canal. The variance would authorize a three-year period for the applicant to conduct a water quality study of the Flag Lake Drainage Canal. The study would show whether a site-specific amendment to water quality standard is justified. Prior to the expiration of the three-year variance period, the Commission will consider the site-specific standard and determine whether to adopt the standard or require the existing water quality standard to remain in effect. The facility is located approximately 800 feet east of the intersection of Lake Jackson Road and State Highway 288 on the north side of the Missouri Pacific Railroad in the City of Clute in Brazoria County, Texas.

GREENS BAYOU ASSEMBLY OF GOD CHURCH has applied for a new permit, proposed TPDES Permit No. WQ0014608001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 35,000 gallons per day. The facility will be located 700 feet east of Beltway 8 and 900 feet north of North Lake Houston Parkway in Harris County, Texas.

GULF MARINE FABRICATORS has applied for a renewal of TPDES Permit No. 12064-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility is located on the east side of Farm-to-Market Road 2725, approximately 0.5 mile southeast of the intersection of State Highway 361 and Farm-to-Market Road 2725 in San Patricio County, Texas.

LAKE MUNICIPAL UTILITY DISTRICT has applied for a new permit, proposed TPDES Permit No. WQ0014598001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 188,000 gallons per day. The facility will be located approximately 6,700 feet west of Thompson Road fronting on the north access road of Interstate Highway 10 in Harris County, Texas.

THE LOWER COLORADO RIVER AUTHORITY AND THE BRAZOS RIVER AUTHORITY have applied for a major amendment to TPDES Permit No. 10264-002 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 11,800,000 gallons per day to an annual average flow not to exceed 21,500,000 gallons per day. The applicant has also applied to the TCEQ for approval of a substantial modification to its pretreatment program under the TPDES program. The facility is located at 3939 Palm Valley Boulevard, adjacent to and south of State Highway 79, approximately 4 miles east of the intersection of State Highway 79 and Interstate Highway 35 in Williamson County, Texas.

CITY OF MCALLEN has applied for a renewal of TPDES Permit No. WQ0010633003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 10,000,000 gallons per day. The facility is located at 4100 Idela, McAllen, Texas, approximately 1.5 miles west of Spur Highway 115 and approximately 2.5 miles southwest of the intersection of U.S. Highway 83 and Spur Highway 115 in the City of McAllen in Hidalgo County, Texas.

MEADOWHILL REGIONAL MUNICIPAL UTILITY DISTRICT has applied for a major amendment to TPDES Permit No. WQ0011215001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 1,200,000 gallons per day to an annual average flow not to exceed 2,400,000 gallons per day. The facility is located at 23102 Roseville Drive, approximately two miles west of the intersection of Interstate Highway 45 and Farm-to-Market Road 2920 in Harris County, Texas.

CITY OF PREMONT has applied for a major amendment to Permit No. 10253-001, to replace the existing wastewater treatment facility with a new facility at an adjacent location. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 430,000 gallons per day via surface irrigation of 150 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located on County Road 418, approximately 1.9 miles south and 1.5 miles east of the intersection of Farm-to-Market Road 716 and U.S. Highway 281 in Jim Wells County, Texas.

RIO GRANDE VALLEY SUGAR GROWERS, INC. which operates a raw sugar and molasses production facility, has applied for a renewal of TPDES Permit No. WQ0001752000, which authorizes the discharge of process wastewater, domestic wastewater, and storm water at a daily average flow not to exceed 289,000 gallons per day via Outfall 001. The facility is located three miles west of the community of Santa Rosa on State Highway 107, Hidalgo County, Texas.

CITY OF ROMA has applied for a renewal of TPDES Permit No. 11212-003, which authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 450,000 gallons per day. The facility is located approximately 1,300 feet northwest of the intersection of U.S. Highway 83 and U.S. Customs Toll Bridge Road (in the City of Roma), and approximately 1,100 feet north of the intersection of the same U.S. Customs Toll Bridge Road and the border of Mexico in Starr County, Texas.

CITY OF RUNGE has applied for a renewal of Permit No. 10266-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 110,000 gallons per day via irrigation of 42 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 2,300 feet south and 1,600 feet east of the intersection of U.S. Highway 81 and U.S. Highway 72 in the City of Runge in Karnes County, Texas.

UNION WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 14313-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 774,000 gallons per day. The facility is located on Farm-to-Market Road 1430, approximately 2.2 miles southeast of the west-most intersection of Farm-to-Market Road 1430 and Highway 83, and approximately 1,000 feet south on county field road in Starr County, Texas.

TRD-200502643

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 27, 2005

Notice of Water Rights Application

Notice mailed June 21, 2005.

APPLICATION NO. 14-1318B; San Angelo Water Supply Corporation, P.O. Box 1928, San Angelo, Texas 76902, applicant, has applied to the Texas Commission on Environmental Quality (TCEQ) for an amendment to a Certificate of Adjudication pursuant to §11.122 and §11.042, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code §§295.1, et seq. Certificate of Adjudication No. 14-1318 authorizes the owner, San Angelo Water Supply Corporation, to maintain a dam and reservoir on the Middle Concho River, South Concho River, and Spring Creek, tributaries of the Colorado River, Colorado River Basin, and to impound therein not to exceed 170,000 acre-feet of water. Certificate of Adjudication No. 14-1318 also authorizes the owner to divert and use not to exceed 29,000 acre-feet of water from the reservoir for municipal purposes and an additional 25,000 acre-feet from the reservoir for agricultural purposes to irrigate a maximum of 15,000 acres of land within the boundaries of the Tom Green County Water Control and Improvement District (WCID) No. 1. The maximum combined diversion rate at Diversion Point No. 1 is 270 cfs, 150 cfs of that being for agricultural (irrigation) purposes and 120 cfs being for municipal purposes. The maximum diversion rate for Diversion Point No. 2 is 120 cfs. Several special conditions apply. The currently authorized water is diverted from Diversion Point No. 1 and the bed and banks of the Middle Concho River are authorized to transport the water to Lake Nasworthy for storage and subsequent use. Special Condition 5C states that "a conduit shall be constructed in the aforesaid dam with the inlet at elevation 1883.5 feet above mean sea level, having an opening of not less than five feet in diameter and equipped with a regulating gate for the purpose of permitting the free passage of the normal flow through the dam at all times and the passage of those water to which the Department may determine lower appropriators are entitled." San Angelo Water Supply Corporation, applicant, seeks an amendment to Certificate of Adjudication No. 14-1318 to modify Special Condition 5C to amend the elevation referenced for the inlet to the conduit through the dam from 1,883.5 feet above mean sea level to the actual built elevation of 1,885.0 feet above mean sea level. Applicant also seeks to add an additional diversion point on the south end of the Twin Buttes Dam on the South Concho River, located at Latitude 31.3121° N, Longitude 100.4856° W, approximately 11.25 miles southwest from the Tom Green County Courthouse in the City of San Angelo, Texas, with a diversion rate not to exceed a maximum 25 cfs (11,220 gpm) out of and in combination with the currently authorized 270 cfs diversion rate for Diversion Point No. 1. Owner seeks to construct a 20 inch diameter pipe over the dam for use in diverting the currently authorized water. Applicant further requests authorization to place the currently authorized water diverted from the proposed additional diversion point into Lake Nasworthy for storage and subsequent use via the South Concho River and requests to use its bed and banks between the Twin Buttes Dam and Lake Nasworthy, a portion approximately 4 miles in length. 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 November 29, 2004. Additional fees and information were received on March 7, March 28, and May 26, 2005. The application was declared administratively complete and filed with the Office of the Chief Clerk on April 19, 2005. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

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 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, Texas 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-200502639

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 27, 2005

Notice of Water Rights Application

Notice mailed June 24, 2005.

APPLICATION NO. 5888; Nine Hidden Lake, Ltd., 6601A Bee Caves Road, Austin, Texas 78746, Applicant, seeks a Water Use Permit pursuant to Texas Water Code §11.143 and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code §§295.1, et seq. Applicant seeks authorization to maintain three existing domestic and livestock reservoirs and store private water for in-place recreation (amenity) purposes on unnamed tributaries of Wilbarger Creek, Colorado River Basin in Travis County, and impound therein a combined total of not to exceed 89.8 acre-feet of water in a housing development approximately 16 miles east of the City of Austin and 5 miles southeast of the City of Manor in Travis County. Reservoir 1 has a surface area of 12 acres and impounds 67.2 acre-feet of water. Station 2+25 on the center point of the dam is located at a bearing of S 6.00° E, 4,120 feet from the northern corner of the Gordon C. Jennings Survey No. 35, also being at Latitude 30.311° N, Longitude 97.522° W. Reservoir 2 has a surface area of 6.1 acres and impounds 19.5 acre-feet of water. Station 1+75 on the center point of the dam is located at a bearing of S 25.000° E, 1,730 feet from the northern corner of the Jennings Survey, also being at Latitude 30.319° N, Longitude 97.521° W. Reservoir 3 has a surface area of 1.3 acres and impounds 3.0 acre-feet of water. Station 1+50 on the center point of the dam is located at a bearing of S 19.000° E, 4,950 feet from the northern corner of the Jennings Survey, also being at Latitude 30.310° N, Longitude 97.519° W. Applicant indicates the three reservoirs will be maintained full with an alternate source of supply, and all inflows of State water will be passed downstream. Ownership of the land inundated by the three reservoirs is evidenced by a Special Warranty Deed filed in the Real Property Records of Travis County in Volume 13,339, pages 1017 - 1022, a General Warranty Deed file at Film Code TRV 2000190761, 10 pages, and a Special Warranty Deed file at Film Code TRV 2002044405. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application and fees were received on March 14, 2005, and additional information was received on May 18, 2005. The application was declared administratively complete and filed with the Office of the Chief Clerk on June 6, 2005. 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.

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 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, Texas 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-200502641

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 27, 2005

Proposal for Decision

The State Office of Administrative Hearings (SOAH) issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (TCEQ) on June 17, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Western Tools, Inc.; SOAH Docket No. 582-05-2071; TCEQ Docket No. 2003-0342-IHW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Western Tools, Inc. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 North Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200502664

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 28, 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 August 8, 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 August 8, 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: Air Liquide America L.P.; DOCKET NUMBER: 2005-0533-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 01595000, Regulated Entity Number (RN) 101059335; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: cryogenic air separator; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 01595000, and the Code, §26.121(a), by failing to comply with the permitted limits and by failing to submit monitoring results; PENALTY: $7,120; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: Barton Good Oil Company, Inc.; DOCKET NUMBER: 2005-0497-PST-E; IDENTIFIER: RN101553600; LOCATION: Denison, Grayson County, Texas; TYPE OF FACILITY: fuel distributor; 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: $4,000; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Bee County Co-operative Association; DOCKET NUMBER: 2005-0529-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 287, RN101827384; LOCATION: Tynan, Bee County, Texas; TYPE OF FACILITY: agriculture cooperative that provides service as a fuel retailer and transporter; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide corrosion protection; 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and (d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to put the automatic tank gauge in test mode, by failing to monitor the piping, by failing to have the line leak detectors tested, and by failing to reconcile inventory control records; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(4) COMPANY: Bill L. Dover Company, Inc.; DOCKET NUMBER: 2005-0457-PST-E; IDENTIFIER: RN102015369; LOCATION: Jasper, Jasper County, Texas; TYPE OF FACILITY: fuel distributor; 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: $40,000; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: City of Boyd; DOCKET NUMBER: 2005-0507-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 2490002, RN101387496; LOCATION: Boyd, Wise County, Texas; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.121(a) and (b), by failing to complete and maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.46(d)(2)(A), (f)(3)(A)(iii), (E)(iv), (j), and (m)(4), by failing to maintain a free chlorine residual, by failing to maintain records of the date, location, and nature of water quality, pressure, or outage complaints received, by failing to provide copies and maintain records of the customer service inspection reports, and by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition; 30 TAC §290.41(c)(1)(C), (F), and (3)(A) and §290.46(n)(3), by failing to locate/construct a well at a distance greater than 500 feet from animal feed lots, solid waste disposal sites, lands on which sewage plant or septic tank sludge is applied, or lands irrigated by sewage plant effluent; by failing to secure a sanitary control easement and by failing to maintain copies of well completion date; 30 TAC §290.42(e)(3)(D) and (j) - (l), by failing to provide facilities for determining the amount of disinfectant used daily, by failing to provide documentation that all chemicals conform to American National Standards Institute/National Sanitation Foundation (ANSI-NSF) Standard 60 for direct additives and ANSI/NSF Standard 61 for indirect additives, and by failing to keep a thorough plant operations manual; 30 TAC §290.38(25) and §290.43(e), by failing to install all potable water storage tanks and pressure maintenance facilities in a lockable building that is designed to prevent intruder access; 30 TAC §290.43(c)(8) and §290.46(m)(1)(A), by failing to conduct inspections to determine that all ground and elevated storage tank interior and exterior coating systems provide protection to all metal surfaces; and 30 TAC §290.44(d) and §290.46(r), by failing to design, maintain, and operate the water system to provide a minimum pressure of 35 pounds per square inch; PENALTY: $1,320; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Chahal Investment Inc. dba PPG Foodmart; DOCKET NUMBER: 2005-0344-PST-E; IDENTIFIER: PST Facility Identification Number 45458, RN102358686; 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 provide acceptable financial assurance; PENALTY: $2,280; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Chapman, Inc.; DOCKET NUMBER: 2005-0470-PST-E; IDENTIFIER: RN103711321; LOCATION: Gainesville, Cooke County, Texas; TYPE OF FACILITY: fuel distributor; 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: $480; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Circle Bar Truck Corral, Inc.; DOCKET NUMBER: 2005-0737-PST-E; IDENTIFIER: PST Facility Identification Number 64553, RN102010519; LOCATION: Ozona, Crockett County, Texas; TYPE OF FACILITY: truck stop with retail sales of petroleum products; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.50(d)(1)(B)(iii)(IV), by failing to measure the water level in the bottom of each diesel underground storage tank (UST) to the nearest 1/8 of an inch; PENALTY: $15,600; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(9) COMPANY: Coastal Transport Company, Inc.; DOCKET NUMBER: 2005-0380-PST-E; IDENTIFIER: RN103870770; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: fuel distributor; 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: $800; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Nancy Carter dba Crockett Conoco; DOCKET NUMBER: 2005-0455-PST-E; IDENTIFIER: PST Facility Identification Number 27605, RN102480282; LOCATION: Alanreed, Gray 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: $2,520; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(11) COMPANY: Cross Roads Independent School District; DOCKET NUMBER: 2005-0534-MWD-E; IDENTIFIER: TPDES Permit Number 13789001, RN101526192; LOCATION: Malakoff, Henderson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13789001, and the Code, §26.121(a), by failing with the permitted effluent limitations for biochemical oxygen demand (BOD), total suspended solids (TSS), chlorine residual, and pH and by failing to submit a discharge monitoring report; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(12) COMPANY: Dreamtech Homes, Ltd.; DOCKET NUMBER: 2005-0741-WQ-E; IDENTIFIER: RN104558333; LOCATION: Magnolia, Montgomery County, Texas; TYPE OF FACILITY: residential home construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(a), by failing to obtain authorization to discharge storm water; PENALTY: $600; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: City of Edgewood; DOCKET NUMBER: 2004-1540-PWS-E; IDENTIFIER: PWS Number 2340002, RN101404887; LOCATION: Edgewood, Van Zandt County, Texas; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.42(a)(1), (d)(6), (e)(3)(D), (f)(1)(E)(ii), and (h) and THSC, §341.0315(c), by failing to provide production capacities, by failing to provide adequate containment facilities, by failing to provide a method for determining the amount of disinfectant remaining, and by failing to provide sanitary facilities; 30 TAC §290.46(e), by failing to employ at least one trained and licensed personnel who holds a current Class B or higher surface water license; 30 TAC §290.121(a), by failing to maintain a copy of an up-to-date chemical and microbiological monitoring plan at the facility for review; 30 TAC §290.43(c)(6), by failing to maintain the potable storage tanks so that they are thoroughly tight against leakage; 30 TAC §290.45(b)(2)(B) and THSC, §341.0315(c), by failing to meet the minimum water system capacity requirement of having a treatment plan capacity of 0.6 gallons per minute per connection; and 30 TAC §290.46(m), by failing to maintain the elevated storage tank coatings; PENALTY: $2,940; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(14) COMPANY: Goff Homes, Ltd.; DOCKET NUMBER: 2005-0174-WQ-E; IDENTIFIER: TPDES General Permit Number TXR150000, RN104384730; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: land development; RULE VIOLATED: 30 TAC §305.125(1), TPDES General Permit Number TXR150000, by failing to implement the storm water pollution plan; PENALTY: $1,232; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: City of Grapeland; DOCKET NUMBER: 2005-0414-MWD-E; IDENTIFIER: TPDES Permit Number 0010181002, RN101702876; LOCATION: Grapeland, Houston County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0010181002, and the Code, §26.121(a), by failing to comply with permit limits; PENALTY: $3,700; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(16) COMPANY: Miguel Hernandez, Sr.; DOCKET NUMBER: 2005-0137-IRR-E; IDENTIFIER: RN104466537; LOCATION: Red Oak, Ellis County, Texas; TYPE OF FACILITY: landscape irrigation system; RULE VIOLATED: 30 TAC §37.003, Texas Occupations Code, §1903.251, and 30 TAC §30.5(a) and §34.4(a), by installing a landscape irrigation system without an irrigator's license; and 30 TAC §344.58, by representing himself as a licensed irrigator by using the license number of another company; PENALTY: $2,750; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: Himaloy, Inc. dba Papa Keith's Market & Deli; DOCKET NUMBER: 2005-0661-PST-E; IDENTIFIER: PST Facility Identification Number 60256, RN101839926; LOCATION: Riverside, Walker 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: $3,360; ENFORCEMENT COORDINATOR: Sandra Anaya, (512) 239-0572; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(18) COMPANY: City of Joaquin; DOCKET NUMBER: 2005-0499-PWS-E; IDENTIFIER: PWS Number 2100010, RN101226686; LOCATION: Joaquin, Shelby County, Texas; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4) and (5) and THSC, §341.0315(c), by exceeding the maximum contaminant level (MCL) for total trihalomethanes (TTHM) and by exceeding the MCL for haloacetic acids; PENALTY: $408; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(19) COMPANY: KAV Corporation Inc. dba Shop N Go Neighborhood Store; DOCKET NUMBER: 2005-0421-PST-E; IDENTIFIER: PST Facility Identification Number 25182, RN101446748; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system; 30 TAC §334.49(c)(4)(C) and the Code, §26.3475(d), by failing to test the cathodic protection system; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $7,600; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: City of Merkel; DOCKET NUMBER: 2003-0705-PWS-E; IDENTIFIER: RN103779450; LOCATION: Merkel, Taylor County, Texas; TYPE OF FACILITY: storage and drinking water distribution system; RULE VIOLATED: 30 TAC §290.109(c)(2) and (f)(3) and THSC, §341.031(a) and §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and by exceeding the MCL for total coliform bacteria; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(21) COMPANY: City of Merkel; DOCKET NUMBER: 2004-0238-MWD-E; IDENTIFIER: RN103184800; LOCATION: Merkel, Taylor County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §319.11(b) and TPDES Permit Number 10786002, by failing to meet the analytical hold time for pH analysis and by failing to calibrate the dissolved oxygen meter; 30 TAC §305.125(1) and (5), TPDES Permit Number 10786002, and the Code, §26.121, by failing to accurately calculate the BOD and TSS loading values, by failing to comply with permit effluent limits for BOD, TSS, and pH based upon a 12-month record review of self-reported effluent quality data, by failing to accurately report the monthly average flow on the discharge monitoring reports, by failing to submit noncompliance notifications for effluent violations which exceeded effluent limitations, and by failing to maintain the growth of cattails and small trees along the water's edge of the wastewater treatment pond embankment; and 30 TAC §319.6 and §319.11(c), by failing to meet the quality control requirements for the analysis of dissolved oxygen; PENALTY: $16,800; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(22) COMPANY: Preston Club Utility Corporation; DOCKET NUMBER: 2003-0406-MWD-E; IDENTIFIER: TPDES Permit Number 0013309001, RN102340486; LOCATION: Sherman, Grayson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(1), 317.3(g)(4)(B), 317.4(a)(8), (b)(3), and (4), 317.6(b)(1)(E), 317.7(i), 319.6, 319.7(a) and (c), and 319.11(b), TPDES Permit Number 0013309001, and the Code, §26.121(a), by failing to comply with the permit limitations for BOD, TSS, and dissolved oxygen, by failing to submit noncompliance notifications, by failing to calibrate the secondary flow measuring device, by failing to install the backflow prevention device, by failing to maintain the diffusers in the aeration basis, by failing to maintain the chlorination system, by failing to provide a forced mechanical ventilation in the chlorination room, by failing to remove solids from the bar screen, by failing to maintain pH, chlorine, and dissolved oxygen meter calibration records, by failing to properly dispose of screenings, by failing to maintain records for samples, chain-of-custody tags, operations and maintenance, process control, chlorine residual analysis, and sample analysis, and by failing to analyze field samples within the required holding times; and 30 TAC §305.535(c)(1), TPDES Permit Number 0013309001, and the Code, §26.121(a), by failing to prevent an unauthorized discharge from the wastewater treatment plant and to submit their noncompliance notification; PENALTY: $26,000; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: Rayburn Country Municipal Utility District; DOCKET NUMBER: 2003-1296-MWD-E; IDENTIFIER: RN102328564; LOCATION: near Sam Rayburn, Jasper County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (5), and (18), §317.3, TPDES Permit Number 10788-001, and the Code, §26.121(a), by failing to comply with their permit effluent limits for total residual chlorine, TSS, and BOD, by failing to report 40% noncompliances, and by failing to ensure that all the systems of collection, treatment, and disposal are properly operated and maintained; and 30 TAC §319.11, by failing to comply with test procedures for the analysis of pollutants; PENALTY: $7,287; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(24) COMPANY: Rivercrest Independent School District; DOCKET NUMBER: 2005-0537-MWD-E; IDENTIFIER: TPDES Permit Number 11204-001, RN101701100; LOCATION: near Talco, Red River County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11204-001, and the Code, §26.121(a), by failing to comply with the permit effluent limits for BOD, TSS, and total chlorine residual; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(25) COMPANY: City of River Oaks; DOCKET NUMBER: 2005-0654-PWS-E; IDENTIFIER: PWS Number 2200069, RN101203842; LOCATION: River Oaks, Tarrant County, Texas; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(b)(1) and (f)(4) and THSC, §341.0315(c), by exceeding the MCL for TTHM; PENALTY: $585; ENFORCEMENT COORDINATOR: John Muennink, (713) 767-3500; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: City of Roma; DOCKET NUMBER: 2003-0291-MLM-E; IDENTIFIER: PWS Number 2140007, Municipal Solid Waste Permit Number 954; LOCATION: Roma, Starr County, Texas; TYPE OF FACILITY: public water system and municipal solid waste landfill; RULE VIOLATED: 30 TAC §290.46(r) and Agreed Order, Docket Number 2001-0104-PWS-E, by failing to operate the PWS facility to maintain a minimum pressure of at least 35 pounds per square inch throughout the distribution system; 30 TAC §290.39(j) and THSC, §341.0351, by failing to notify the executive director of any changes to the existing system; 30 TAC §290.42(d)(6)(E)(ii), by failing to provide adequate containment; 30 TAC §290.111(b)(2)(A)(i) and (ii), by failing to maintain the water turbidity below 0.3 nephelometric turbidity units; 30 TAC §290.110(b)(1)(A), (c)(2) and (5)(C), and (e)(5), and §290.111(e)(6), by failing to provide at least a 0.5-log inactivation of giardia lambia cysts and a two-log inactivation of viruses, by failing to monitor the turbidity of the combined filter effluent, by failing to monitor the disinfectant residual, and by failing to submit the monthly operating reports for surface water treatment plants; 30 TAC §330.4(m), by failing to submit a permit modification for any change; 30 TAC §330.55(b)(10) and §330.111, by failing to maintain landfill markers; 30 TAC §330.111 and §330.114(5)(C), by failing to provide training for appropriate landfill facility personnel; 30 TAC §330.111 and §330.119, by failing to provide a sign with letters at least three inches in height that properly identify the type of landfill site and by failing to repair erosion of an intermediate cover; and Agreed Order, Docket Number 2001-0104-PWS-E, by failing to certify compliance; PENALTY: $49,595; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(27) COMPANY: Rushing Paving Company, Ltd.; DOCKET NUMBER: 2005-0247-AIR-E; IDENTIFIER: Air Account Number GI01RRJ, RN102165974; LOCATION: Sherman, Grayson County, Texas; TYPE OF FACILITY: asphalt plant; RULE VIOLATED: 30 TAC §116.115(b) and (c), Air Permit Number T-18602, and THSC, §382.085(b), by failing to have operational records available for inspection, by failing to maintain the air pollution abatement equipment, by failing to obtain written authorization prior to using lime as an asphalt additive, and by failing to maintain emissions below the maximum allowable emission rates; and 30 TAC §111.111(a)(1)(B) and THSC, §382.085(b), by failing to maintain opacity limits; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(28) COMPANY: Schmidt & Sons, Inc. dba La Grange Mini Mart; DOCKET NUMBER: 2004-2065-PST-E; IDENTIFIER: RN102716347; LOCATION: La Grange, Fayette County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to inspect and test the corrosion protection systems; 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.48(c)(5)(B)(ii), by failing to conduct inventory control for all USTs and by failing to ensure that a delivery certificate is renewed by timely and proper submission of a new UST registration and self-certification form; and 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $7,200; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(29) COMPANY: Shady Valley Management Corporation dba Shady Valley Golf Club; DOCKET NUMBER: 2005-0493-PST-E; IDENTIFIER: PST Facility Identification Number 59028, RN101560050; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: golf course with on-site PSTs; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all tanks are monitored for releases; and 30 TAC §334.8(c)(5)(A)(ii) and (B)(ii), by failing to make available to a common carrier a valid, current delivery certificate and by failing to renew a delivery certificate; PENALTY: $3,300; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(30) COMPANY: Silver Creek Lodge, Marina, and Yacht Club; DOCKET NUMBER: 2005-0430-MWD-E; IDENTIFIER: TPDES Permit Number 11394001, RN102184264; LOCATION: Burnet, Burnet County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11394001, and the Code, §26.121(a), by failing to comply with permitted effluent limits for dissolved oxygen, pH, and total chlorine residual, and by failing to submit the pH minimum and maximum results; PENALTY: $6,888; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(31) COMPANY: South Bosque Water Supply Corporation; DOCKET NUMBER: 2005-0623-PWS-E; IDENTIFIER: PWS Number 1550081, RN101190791; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY: public water supply ; RULE VIOLATED: 30 TAC §290.41(c)(1)(F) and (3)(B), by failing to provide a sanitary easement for the well and by failing to provide a well casing that is 18 inches above the ground surface; 30 TAC §290.45(b)(1)(B)(i) and THSC, §341.0315(c), by failing to provide the required well capacity of 0.6 gallons per minute per connection; and 30 TAC §290.42(l), by failing to prepare and maintain a plant operations manual; PENALTY: $257 ; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(32) COMPANY: Nga Hong and Tien Tu dba Sunmart 151; DOCKET NUMBER: 2005-0698-PST-E; IDENTIFIER: PST Registration Number 63886, RN103020020; 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 provide acceptable financial assurance; PENALTY: $2,560; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(33) COMPANY: Texas Department of State Health Services; DOCKET NUMBER: 2005-0659-PST-E; IDENTIFIER: PST Facility Identification Number 74271, RN101436590; LOCATION: Harlingen, Cameron County, Texas; TYPE OF FACILITY: fleet refueling station; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and (b)(2)(A)(i)(III) and the Code, §26.3475(a) and (c)(1), by failing to provide a method of release detection and by failing to have a line leak detector tested for performance and operational reliability; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(34) COMPANY: Texas Parks & Wildlife Department; DOCKET NUMBER: 2005-0751-PWS-E; IDENTIFIER: RN101236016; LOCATION: near Waco, Burleson County, Texas; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.44(h)(1)(A) and §290.47(i), by failing to install at any residence or establishment, additional protection in the form of an air gap or backflow prevention assembly; PENALTY: $320; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(35) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2005-0121-AIR-E; IDENTIFIER: RN104150123; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: acrylic acid and ester manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 260, and THSC, §382.085(b), by failing to comply with the emissions limits; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(36) COMPANY: City of Trinity; DOCKET NUMBER: 2003-0077-MWD-E; IDENTIFIER: TPDES Permit Number 0010617-001; LOCATION: Trinity, Trinity County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0010617-001, and the Code, §26.121(a), by failing to comply with effluent limits for ammonia nitrogen and dissolved oxygen; PENALTY: $3,528; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(37) COMPANY: U.S.A. Meat and Grain Company, Inc.; DOCKET NUMBER: 2005-0749-AIR-E; IDENTIFIER: RN100838564; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: grain elevator; RULE VIOLATED: 30 TAC §116.116(b)(1) and THSC, §382.085(b), by failing to obtain a permit amendment; 30 TAC §116.115(c), Air Permit Number 3139, and THSC, §382.085(b), by failing to control dust emissions and by failing to pick up and properly dispose of any spillage of raw or waste products; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(38) COMPANY: U.S. Filter Recovery Service (Mid-Atlantic), Inc.; DOCKET NUMBER: 2005-0466-IHW-E; IDENTIFIER: Solid Waste Registration Number 41432, RN102694502; LOCATION: Luling, Caldwell County, Texas; TYPE OF FACILITY: used oil recycling and reclamation; RULE VIOLATED: 30 TAC §335.2(a), by failing to obtain authorization to store nonhazardous Class II solid waste; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(39) COMPANY: Uvalde County Farmers' Cooperative; DOCKET NUMBER: 2005-0601-PST-E; IDENTIFIER: PST Facility Identification Numbers 20072 and 77166, RN102609690 and RN101496336; LOCATION: Knippa, Uvalde County, Texas; TYPE OF FACILITY: fueling; RULE VIOLATED: 30 TAC §334.10(b)(1)(B), by failing to maintain all UST system records; PENALTY: $1,536; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(40) COMPANY: Mostafa A. Soliman dba Willowbrook Subdivision dba Willowbrook Water Supply; DOCKET NUMBER: 2005-0150-MLM-E; IDENTIFIER: PWS Number 2370049, Certificate of Convenience and Necessity Number 12568, RN101256121; LOCATION: Waller, Waller County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(A), (e)(4)(A), (f)(3)(A)(ii)(III), (i), and (m), §290.110(b)(4), and THSC, §341.033(a), by failing to maintain a residual disinfectant concentration of at least 0.2 milligrams per liter free chlorine, by failure of a system that serves fewer than 250 connections, serves fewer than 750 people, and uses only groundwater or purchased treated water to maintain a record of the amount of water treated each week, by failing to employ trained and licensed personnel, by failing to adopt an adequate plumbing ordinance, regulations, or service agreement, and by failing to provide maintenance practices for a PWS; 30 TAC §290.41(c)(1)(F) and (3)(N), by failing to provide a sanitary control easement and by failing to install a flow meter on the well pump; 30 TAC §290.45(b)(1)(A)(i) and (ii), by failing to provide a well capacity of 1.5 gallons per minute per connection and by failing to provide a pressure tank capacity of 50 gallons per connection; and 30 TAC §291.93(3), by failing to provide a written planning report; PENALTY: $1,007; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200502649

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 28, 2005

Request for Nominations for Appointment to Serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council

The Texas Commission on Environmental Quality (TCEQ) is requesting nominations for eight individuals to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council (council) for the following positions. Six appointments will be made by the TCEQ commissioners for six-year terms and two appointments will be made to complete unexpired terms, ending August 31, 2007: an elected official from a county with any population size; an official from a city or county solid waste agency; a representative from a public solid waste district or authority; an elected official from a municipality with a population fewer than 25,000; an elected official from a municipality with a population of 750,000 or more; general public representative (all terms expire August 31, 2011); an elected official from a municipality with a population between 25,000 and 100,000 (term expires August 31, 2007); and an elected official from a municipality with a population between 100,000 and 750,000 (term expires August 31, 2007).

The council was created by the 69th Legislature, 1983. Members represent various interests, i.e., city and county solid waste agencies, public solid waste districts or authorities, commercial solid waste landfill operators, planning regions, an environmentalist, city and county officials, financial advisor, registered waste tire processor, professional engineer, solid waste professional, composting/recycling manager, and two general public representatives.

Upon request from the TCEQ commissioners, the council reviews and evaluates the effect of state policies and programs on municipal solid waste management; makes recommendations on matters relating to municipal solid waste management; recommends legislation to encourage the efficient management of municipal solid waste; recommends policies for the use, allocation, or distribution of the planning fund; and recommends special studies and projects to further the effectiveness of municipal solid waste management and recovery for the State of Texas. The council members are required by law to hold at least one meeting every three months. The meetings last one to two full days and are held in Austin, Texas.

To nominate an individual: 1) ensure the individual is qualified for the position which he/she is being considered; 2) submit a biographical summary which includes work experience; and 3) provide the nominee a copy of this request. The nominee must submit a letter indicating his/her agreement to serve, if appointed.

Written nominations and letters from nominees must be received 5:00 p.m., July 15, 2005. The appointments will be considered by the TCEQ commissioners on August 10, 2005, at 12100 Park 35 Circle, Building E, Room 201S. Please mail all correspondence to Gary W. Trim, Texas Commission on Environmental Quality, Waste Permits Division, MC 126, P.O. Box 13087, Austin, Texas 78711-3087 or fax (512) 239-2007. Questions regarding the council can be directed to Mr. Trim at (512) 239-6708, or e-mail: gtrim@tceq.state.tx.us . Additional information regarding the council is available on the following Web site: http://www.tnrcc.state.tx.us/permitting/wasteperm/advcouncil/advisory.html.

TRD-200502658

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: June 28, 2005

Department of State Health Services

Notice of Amendment Number 36 to the Radioactive Material License of Waste Control Specialists, LLC

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

Amendment number 36 provides less restriction on initial packaged format of surface contaminated objects, such as a single, non-bulk, shipment of a piece of equipment or tool being cleaned and decontaminated for re-use through previously approved decontamination procedures.

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

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

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

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

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

TRD-200502584

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 23, 2005

Notice of Emergency Impoundment Order on Bellaire General Hospital

Notice is hereby given that the Department of State Health Services (department) ordered all radioactive material located at Bellaire General Hospital (licensee--L02038), Houston, be impounded and temporarily stored at the department's headquarters in Austin, until the radioactive material is transferred to a licensed entity or the department issues other orders.

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

TRD-200502585

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 23, 2005

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on C&G Chiropractic, Inc.

Notice is hereby given that the Department of State Health Services (department) issued a notice of violation and proposal to assess an administrative penalty to C&G Chiropractic, Inc. (registrant--R20062-001) of Kingwood. A total penalty of $4,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200502654

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 28, 2005

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Crosby Chiropractic Center, P.C.

Notice is hereby given that the Department of State Health Services (department) issued a notice of violation and proposal to assess an administrative penalty to Crosby Chiropractic Center, P.C. (registrant--R11891-000) of Crosby. A total penalty of $14,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200502586

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 23, 2005

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on SC San Antonio, Inc., dba Southwest General Hospital

Notice is hereby given that the Department of State Health Services (department) issued a notice of violation and proposal to assess an administrative penalty to SC San Antonio Inc., dba Southwest General Hospital (registrant--R07035-000) of San Antonio. A total penalty of $8,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200502655

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 28, 2005

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Tolunay-Wong Engineers, Inc.

Notice is hereby given that the Department of State Health Services (department) issued a notice of violation and proposal to assess an administrative penalty to Tolunay-Wong Engineers, Inc. (licensee--L04848-001) of Houston. A total penalty of $10,000 is proposed to be assessed the company for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200502587

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 23, 2005

Notice of Revocation of Certificates of Registration

The Department of State Health Services, having duly filed complaints pursuant to 25 Texas Administrative Code, §289.205, has revoked the following certificates of registration: Midland Walk In and Cardiology Clinic, PLLC, Midland, R17812, June 17, 2005; Radiology Services Inc., Bradenton, Florida, R20137, June 17, 2005; Baggett Chiropractic Center, Arlington, R21331, June 17, 2005; Anthony Belcher, D.P.M., Huntsville, R22378, June 17, 2005; G. Scott Sauer, D.D.S., Amarillo, R23088, June 17, 2005; First Pain Associates of Texas, LLC, Bedford, R26419, June 17, 2005; Chism Radiology, Bridgeport, R26564, June 17, 2005; Carson Laser Incorporated, Carson City, Nevada, Z01151, June 17, 2005.

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

TRD-200502673

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 29, 2005

Texas Health and Human Services Commission

Notice of Adopted Nursing Facility Payment Rates for State Veterans Homes

Proposal. As the single state agency for the state Medicaid program, the Texas Health and Human Services Commission (HHSC) adopts the following per diem payment rates for the four state-owned veterans nursing facilities for state fiscal year (SFY) 2006 effective September 1, 2005: Big Spring, $133.00; Bonham, $133.00; Floresville, $133.00; and Temple, $133.00.

HHSC conducted a public hearing to receive public comment on the proposed payment rates for state-owned veterans homes in the nursing facility program operated by the Texas Department of Aging and Disability Services. The hearing was held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires public hearings on proposed payment rates. The public hearing was held on May 31, 2005, at 9:00 a.m. in the Permian Basin Conference Room of Building H, Braker Center, at 11209 Metric Blvd., Austin, Texas 78758-4021.

Methodology and justification. The adopted rates were determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.311.

TRD-200502653

Wendy Pellow

Assistant General Counsel

Texas Health and Human Services Commission

Filed: June 28, 2005

Notice of Hearing on Proposed Provider Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 25, 2005, to receive public comment on proposed payment rates for 24-Hour Residential Child Care (Foster Care). This program is operated by the Texas Department of Family and Protective Services (DFPS). These payment rates are proposed to be effective September 1, 2005. The hearing will be held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires public hearings on proposed payment rates. The public hearing will be held on July 25, 2005, at 9:00 a.m. in the Lone Star Conference Room 1047 of the Braker Center Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Written comments regarding payment rates may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Maria Ebenhoeh, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Express mail can be sent, or written comments can be hand delivered, to Ms. Ebenhoeh, HHSC Rate Analysis, MC H-400, Braker Center Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Ebenhoeh at (512) 491-1998. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Maria Ebenhoeh, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101, telephone number (512) 491-1352.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Maria Ebenhoeh, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101, telephone number (512) 491-1352, by July 20, 2005, so that appropriate arrangements can be made.

Methodology and justification. The proposed rates were determined in accordance with the rate setting methodology codified as 1 Texas Administrative Code Chapter 355, Subchapter H, relating to Reimbursement Rates, §355.7103(i).

TRD-200502648

Lee Dickinson

Assistant General Counsel

Texas Health and Human Services Commission

Filed: June 27, 2005

Notification of Consulting Procurement

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of its Request for Proposals for consultants for "Texas Health and Human Services Commission/Texas Department of Family and Protective Services Renewal Project: Project Management Assistance" (RFP #HHSC 529-05-0255). HHSC seeks to assure effective, timely and efficient implementation of the multifaceted efforts to improve the protective services delivered by the Texas Department of Family and Protective Services (DFPS) pursuant to this RFP. Consultants will provide project management consulting services that will maximize the success of the DFPS Renewal Project consistent with legislative direction regarding protective services for children and adults.

The RFP is located in full on HHSC's Business Opportunities Page at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html. HHSC also posted notice of the procurement on the Texas Marketplace on July 8, 2005.

The successful contractor will be expected to advise HHSC and DFPS Executive leadership on the strategies for managing a broad portfolio of projects and initiatives that collectively will transform protective services for children and adults; provide project management services and support for several inter-related projects pertaining to the DFPS Renewal Project; provide expert project management support and guidance for DFPS managers and staff responsible for implementing specific DFPS Renewal Project initiatives; develop and implement strategies to enhance project management knowledge and skills among DFPS staff on the DFPS Renewal Project; and, assist DFPS in developing and implementing effective strategies for large scale and complex procurement processes that may be needed to implement legislative direction for privatization of some CPS services.

HHSC will contract for a period of 12 months. HHSC will have the option to renew the term of the contract(s) for a period up to 36 months in increments not to exceed 12 months as necessary to complete the mission of this procurement.

Health and Human Services Commission's Sole Point-Of-Contact For Procurement is:

Paul Grubb, Project Contact Texas Health and Human Services Commission 4900 North Lamar Boulevard Mail Code 1125 Austin, Texas 78752 Voice (512) 424-6582 Fax (512) 424-6974 Paul.Grubb@hhsc.state.tx.us

All questions regarding the RFP must be sent in writing the above-referenced contact by 5:00 pm Central Time on July 18, 2005. HHSC will post all written questions received with HHSC's responses on its website on July 25, 2005, or as they become available. All proposals must be received at the above-referenced address on or before 5:00 pm Central Time on August 12, 2005. Proposals received after this time and date will not be considered.

HHSC will hold a Vendor Conference on July 13, 2005 from 2:00 pm to 4:00 pm at Room 4501, Brown-Heatly Building, Texas Health and Human Services Commission, 4900 North Lamar, Austin, Texas 78752.

All proposals will be subject to evaluation based on the criteria and procedures set forth in the RFP. 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. HHSC will not pay for costs incurred by any entity in responding to this RFP.

TRD-200502679

Kathleen Cordova

Assistant General Counsel

Texas Health and Human Services Commission

Filed: June 29, 2005

Notification of Consulting Procurement

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of its Request for Proposals for Evaluation of the Food Stamp Nutrition Education Program (RFP# 529-06-0003). HHSC seeks to procure the services of an evaluator who will measure the success of the Food Stamp Nutrition Education (FSNE) program in Texas, which provides opportunities to reach food stamp eligibles with nutrition and lifestyle messages that encourage healthy behaviors.

The RFP is located in full on HHSC's Business Opportunities Page at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html. HHSC also posted notice of the procurement on the Texas Marketplace.

The successful contractor will be expected to begin services on or about October 1, 2005.

Health and Human Services Commission's Sole Point-Of-Contact For Procurement

Donna Bragdon Project Manager Health and Human Services Commission 909 West 45th, Building 2 Austin, Texas 78751 (512) 206-4584 donna.bragdon@hhsc.state.tx.us

All proposals must be received at the above-referenced address on or before 5:00 PM Central Time on July 29, 2005. Proposals received after this time and date will not be considered.

All proposals will be subject to evaluation based on the criteria and procedures set forth in the RFP. 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. HHSC will not pay for costs incurred by any entity in responding to this RFP.

TRD-200502680

David Brown

Assistant General Counsel

Texas Health and Human Services Commission

Filed: June 29, 2005

Texas Department of Housing and Community Affairs

Notice to Public and to All Interested Mortgage Lenders

The Texas Department of Housing and Community Affairs (the "Department") intends to implement a Mortgage Credit Certificate Program (the "Program") to assist eligible very low, low and moderate income first-time homebuyers purchase a residence located within the State of Texas.

Under the Program, a first-time homebuyer who satisfies the eligibility requirements described below may receive a federal income tax credit in an amount equal to the product of the certificate credit rate established under the Program and the interest paid or accrued by the homeowner during the taxable year on the remaining principal of the certified indebtedness amount incurred by the homeowner to acquire the principal residence of the homeowner; provided that such credit allowed in any taxable year does not exceed $2,000. In order to qualify to receive a credit certificate, the homebuyer must qualify for a conventional, FHA, VA or other home mortgage loan from a lending institution and must meet the other requirements of the Program.

The credit certificates will be issued to qualified mortgagors on a first-come, first-served basis by the Department acting through an administrator, which will review applications from lending institutions and prospective mortgagors to determine compliance with the requirements of the Program and determine that credit certificates remain available under the Program. No credit certificates will be issued prior to 90 days from the date of publication of this notice nor after the date that all of the credit certificate amount has been allocated to homebuyers and in no event after December 31, 2007.

In order to satisfy the eligibility requirements for a certificate under the Program, (a) the prospective residence must be a single-family residence located within the State of Texas that can be reasonably expected to become the principal residence of the mortgagor within a reasonable period of time after the financing is provided; (b) the prospective homebuyer’s current income must not exceed, (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income, and (ii) for individuals and families of two persons, 100% (120% in certain targeted areas) of the area median income; (c) the prospective homebuyer must not have owned a home as a principal residence during the past three years; (d) the acquisition cost of the residence must not exceed 90% (110%, in the case of certain targeted area residences) of the average area purchase price applicable to the residence; and (e) no part of the proceeds of the qualified indebtedness is used to acquire or replace an existing mortgage. To obtain additional information on the Program, including the current income and purchase price limits (which are subject to revision and adjustment from time to time by the Department pursuant to applicable federal law and Department policy), please contact Sue Cavazos at the Texas Department of Housing and Community Affairs, 507 Sabine Street, 7th Floor, Austin, Texas 78701; (512) 475-3962.

The Department intends to maintain a list of single family mortgage lenders that will participate in the Program by making loans to qualified holders of these mortgage credit certificates. Any lender interested in appearing on this list or in obtaining additional information regarding the Program should contact Sue Cavazos at the Texas Department of Housing and Community Affairs, 507 Sabine Street, 7th Floor, Austin, Texas 78701; (512) 475-3962. The Department may schedule a meeting with lenders to discuss in greater detail the requirements of the Program.

This notice is published in satisfaction of the requirements of Section 25 of the Internal Revenue Code of 1986, as amended, and Treasury Regulation Section 1.25-3T(j)(4) issued thereunder regarding the public notices prerequisite to the issuance of mortgage credit certificates and to maintaining a list of participating lenders.

TRD-200502676

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 29, 2005

Texas Department of Insurance

Company Licensing

Application to change the name of LOYA PREFERRED INSURANCE COMPANY to VISION INSURANCE COMPANY a domestic Fire and/or Casualty company. The home office is in El Paso, Texas.

Application to change the name of MID-WEST NATIONAL LIFE INSURANCE COMPANY OF TENNESSEE to MID-WEST NATIONAL LIFE AND HEALTH INSURANCE COMPANY a foreign Life, Accident and/or Health company. The home office is in Knoxville, Tennessee.

Application for admission to the State of Texas by CONSUMERS LIFE INSURANCE COMPANY, a foreign life, Accident and/or Health company. The home office is in Cleveland, Ohio.

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

TRD-200502675

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 29, 2005

Third Party Administrator Applications

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

Application for admission to Texas of SUMMIT AMERICA INSURANCE SERVICES, L.C., a foreign third party administrator. The home office is OVERLAND PARK, KANSAS.

Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200502674

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 29, 2005

Texas Lottery Commission

Instant Game Number 574 "Poker Showdown"

1.0 Name and Style of Game.

A. The name of Instant Game No. 574 is "POKER SHOWDOWN". The play style is "cards".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 574 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 574.

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 DIAMOND SYMBOL, 3 DIAMOND SYMBOL, 4 DIAMOND SYMBOL, 5 DIAMOND SYMBOL, 6 DIAMOND SYMBOL, 7 DIAMOND SYMBOL, 8 DIAMOND SYMBOL, 9 DIAMOND SYMBOL, 10 DIAMOND SYMBOL, J DIAMOND SYMBOL, Q DIAMOND SYMBOL, K DIAMOND SYMBOL, A DIAMOND SYMBOL, 2 CLUB SYMBOL, 3 CLUB SYMBOL, 4 CLUB SYMBOL, 5 CLUB SYMBOL, 6 CLUB SYMBOL, 7 CLUB SYMBOL, 8 CLUB SYMBOL, 9 CLUB SYMBOL, 10 CLUB SYMBOL, J CLUB SYMBOL, Q CLUB SYMBOL, K CLUB SYMBOL, A CLUB SYMBOL, 2 HEART SYMBOL, 3 HEART SYMBOL, 4 HEART SYMBOL, 5 HEART SYMBOL, 6 HEART SYMBOL, 7 HEART SYMBOL, 8 HEART SYMBOL, 9 HEART SYMBOL, 10 HEART SYMBOL, J HEART SYMBOL, Q HEART SYMBOL, K HEART SYMBOL, A HEART SYMBOL, 2 SPADE SYMBOL, 3 SPADE SYMBOL, 4 SPADE SYMBOL, 5 SPADE SYMBOL, 6 SPADE SYMBOL, 7 SPADE SYMBOL, 8 SPADE SYMBOL, 9 SPADE SYMBOL, 10 SPADE SYMBOL, J SPADE SYMBOL, Q SPADE SYMBOL, K SPADE SYMBOL, A SPADE SYMBOL, $5.00, $10.00, $20.00, $50.00, $100, $500, $1,000, $5,000, $75,000.

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. 574 - 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. 574 - 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 Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

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

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

I. High-Tier Prize - A prize of $1,000, $5,000 or $75,000.

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 (574), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 574-0000001-001.

L. Pack - A pack of "POKER SHOWDOWN" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show back of ticket 001 and front of 075.

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 "POKER SHOWDOWN" Instant Game No. 574 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 "POKER SHOWDOWN" Instant Game is determined once the latex on the ticket is scratched off to expose 61 (sixty-one) Play Symbols. In each hand if a player gets a straight, the player will win the prize shown. If the player gets a flush, the player will win double the prize shown. If the player gets a straight flush, the player will win triple the prize shown. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 30 (thirty) 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 30 (thirty) 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 30 (thirty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 30 (thirty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. All Cards 2 through Ace will be used.

C. Aces are high when creating a Straight.

D. An Ace will never appear with cards 2, 3, 4 and 5 in the same hand.

E. A wraparound Straight will never appear (e.g. Q, K, A, 2, 3) in the same hand.

F. No two non-winning hands on a single ticket will contain five cards of the same value in any order.

G. All cards within each DEAL on a single ticket will be unique.

H. On winning Hands, the only poker hand categories allowed are straight, flush, and straight flush. A Royal Flush is not considered a straight flush.

I. On non-winning hands, no hand will ever contain a non-winning poker combination in any order (i.e. a pair, 2 pair, 3 of a kind, full house, royal flush, 4 of a kind).

J. Straights (including a straight flush) will always appear in ascending order from left to right.

K. Players can win up to ten (10) times.

L. On winning tickets, all non-winning prize amounts will be different from winning prize amounts.

M. Non-winning tickets will not contain more than two like prize amounts.

2.3 Procedure for Claiming Prizes.

A. To claim a "POKER SHOWDOWN" Instant Game prize of $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "POKER SHOWDOWN" Instant Game prize of $1,000, $5,000 or $75,000, 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 $599 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 "POKER SHOWDOWN" 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 16630, Austin, Texas 78761-6630. 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 $599 from the "POKER SHOWDOWN" 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 $599 from the "POKER SHOWDOWN" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 3,960,000 tickets in the Instant Game No. 574. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 574 - 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. 574 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. 574, 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-200502672

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 29, 2005

State Preservation Board

Notice of Consultant Contract Award

The State Preservation Board ("SPB"), in accordance with Chapter 2254 of the Texas Government Code, has awarded a consultant contract to People, Places, & Design Research, 65 South Street, Ste. 10, Northhampton, MA 01060, for services to produce a museum exhibit front-end audience evaluation. Effective date of the consultant contract is June 28, 2005, with a written final analysis report due to the on or before October 15, 2005, the ending date of the contract. Estimated cost for the term of the contract is $18,200, not including reimbursable travel.

Questions concerning this notice may be directed to David Denney, Director of Public Programs, The Bob Bullock Texas State History Museum, (512) 936-2311.

TRD-200502651

Linda Gaby, CTPM

Director of Administration

State Preservation Board

Filed: June 28, 2005

Public Utility Commission of Texas

Notice of Application for Waiver of Requirements of PURA Chapter 62, Subchapter D

Notice is given to the public that an application was filed with the Public Utility Commission of Texas (commission) on June 24, 2005, for waiver of all of the requirements of the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001 - 64.158 (Vernon 1998 & Supplement 2005) (PURA).

Docket Number and Title: Docket Number 31282, Petition for Waiver of Separate Video Programming Affiliate Requirements .

Application: Southwestern Bell Telephone Company, L.P., doing business as SBC Texas, requested that the commission grant a waiver of all of the requirements of PURA Chapter 62, Subchapter D.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989. All comments should reference Docket Number 31282.

TRD-200502671

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 29, 2005

Notice of Application to Relinquish a Service Provider Certificate of Operating Authority

On June 17, 2005, Dialtone Depot, 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 60364. Applicant intends to relinquish its certificate.

The Application: Application of Dialtone Depot, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 31253.

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 July 13, 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 31253.

TRD-200502644

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 27, 2005

Notice of Petition for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on June 23, 2005, for waiver of denial by the North American Numbering Plan Administration (NANPA) Pooling Administrator (PA) of Sprint Communications Company L.P.'s (Sprint) request for one thousand-block with metro calling capability in the Baytown rate center.

Docket Title and Number: Petition of Sprint Communications Company L.P. for Waiver of NeuStar Denial of Number Block Request in the Baytown Rate Center, Docket Number 31277.

The Application: Sprint submitted a petition to the Pooling Administrator (PA) to provide it with one thousand-block with metro calling capability in the Baytown rate center.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than July 13, 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 31277.

TRD-200502645

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 27, 2005

Office of Rural Community Affairs

Notice of 2004 Texas Community Development Program Grant Awards

The Office of Rural Community Affairs announces that the units of general local government listed as follows have been selected as contract recipients for 2004 program year Colonia Construction Funds, Colonia Planning Funds, Colonia Economically Distressed Areas Program Funds, Small Towns Environment Program Funds, and Housing Infrastructure Funds under the Texas Community Development Program established pursuant to Texas Government Code, Chapter 487, §487.351.

A contract is not effective until executed by the unit of general local government and the Executive Director of the Office of Rural Community Affairs.

2004 Colonia Construction Fund grantees:

Aransas County--$500,000, Bee County--$500,000, Cameron County--$476,891, Hidalgo County--$500,000, Hudspeth County--$360,273, Jim Wells County--$500,000, Kleberg County--$500,000, Live Oak County--$500,000, Loving County--$500,000, Maverick County--$500,000, Nueces County--$500,000, Presidio County--$229,300, San Patricio County--$500,000, and Schleicher County--$267,225.

2004 Colonia Planning Fund grantees:

Kleberg County--$75,000, Live Oak County--$75,000, and San Patricio County--$120,000.

2004 Colonia Economically Distressed Areas Program Fund grantees:

Cameron County--$500,000, Cameron County--$500,000, Hidalgo County--$500,000, and Webb County--$500,000.

2004 Small Towns Environment Program Fund grantees:

Annona--$68,171, Edgewood--$196,100, El Paso County--$98,045, Henderson County--$350,000, Hopkins County--$122,170, Jefferson County--$350,000, Panola County--$221,262, Payne Springs--$261,000, Red River County--$350,000, Rusk County--$327,660, Smith County--$260,099, Trinidad--$208,449, and Wood County--$198,180.

2004 Housing Infrastructure Fund grantees:

Burnet--$400,000, Center--$400,000, Cleveland--$298,960, Combes--$400,000, Hillsboro--$400,000, Madisonville--$226,500, and Mathis--$400,000.

TRD-200502667

Charles S. Stone

Executive Director

Office of Rural Community Affairs

Filed: June 29, 2005

Notice of 2005 Texas Community Development Program Grant Award

The Office of Rural Community Affairs announces that the units of general local government listed as follows have been selected as contract recipients for 2005 program year Community Development Funds, Community Development Supplemental Funds, and Planning and Capacity Building Funds under the Texas Community Development Program established pursuant to Texas Government Code, Chapter 487, §487.351.

A contract is not effective until executed by the unit of general local government and the Executive Director of the Office of Rural Community Affairs.

2005 Community Development Fund grantees:

Agua Dulce-$300,000, Alpine-$266,596, Ames-$350,000, Amherst-$250,000, Anson-$250,000, Aransas-$County 300,000, Archer City-$175,000, Atlanta-$250,000, Avinger-$240,000, Bailey-$125,000, Bandera County-$250,000, Bartlett-$250,000, Bastrop County-$250,000, Bedias-$250,000, Big Wells-$267,386, Blooming Grove-$250,000, Boyd-$250,000, Brackettville-$245,847, Brewster County-$266,596, Brownsboro-$250,000, Buckholts-$250,000, Bynum-$250,000, Caddo Mills-$250,000, Callisburg-$125,000, Calvert-$250,000, Cameron-$250,000, Cameron County-$331,808, Camp Wood-$123,709, Carrizo Springs-$358,192, Carthage-$250,000, Celina-$250,000, Center-$250,000, Centerville-$250,000, Chambers County-$350,000, Cherokee County-$250,000, Clarksville-$250,000, Cleburne-$250,000, Clint-$266,596, Colorado County-$350,000, Commerce-$250,000, Como-$250,000, Coolidge-$250,000, Cotulla-$279,551, Crandall-$250,000, Crockett County-$174,999, Crystal City-$318,374, Cumby-$250,000, Cushing-$250,000, Daisetta-$350,000, Dawson-$250,000, DeKalb-$250,000, Dilley-$250,000, Dripping Springs-$250,000, Dublin-$250,000, Eagle Lake-$350,000, Ector County-$350,000, Edgewood-$250,000, El Paso County-$266,596, Electra-$174,950, Eustace-$250,000, Evant-$250,000, Falfurrias-$300,000, Flatonia-$250,000, Florence-$250,000, Freestone County-$250,000, Galveston County-$350,000, Goliad County-$250,000, Goodrich-$250,000, Grand Saline-$250,000, Grandfalls-$350,000, Granite Shoals-$250,000, Greenville-$250,000, Gregory-$300,000, Groesbeck-$250,000, Groveton-$250,000, Gunter-$125,000, Gustine-$250,000, Hall County-$250,000, Hansford County-$250,000, Happy-$250,000, Hearne-$250,000, Henderson-$250,000, Hico-$250,000, Holland-$250,000, Honey Grove-$125,000, Horizon City-$266,596, Huntington-$250,000, Italy-$250,000, Jacksonville-$250,000, Jasper-$250,000, Jewett-$250,000, Jim Hogg County-$800,000, Jim Wells County-$300,000, Karnes City-$250,000, Kaufman-$250,000, Kenedy-$250,000, Kerens-$250,000, Kerrville-$250,000, Kilgore-$250,000, Kountze-$250,000, Krum-$250,000, La Coste-$250,000, La Feria-$331,808, Ladonia-$125,000, Lexington-$250,000, Live Oak County-$300,000, Llano-$250,000, Log Cabin-$250,000, Lone Star-$250,000, Loraine-$250,000, Los Fresnos-$331,500, Luling-$250,000, Lytle-$250,000, Marlin-$250,000, Matagorda County-$350,000, Mathis-$300,000, Maud-$250,000, Maverick County-$800,000, Menard-$174,999, Milford-$250,000, Moody-$250,000, Muenster-$125,000, Munday-$250,000, Nixon-$250,000, Nocona-$175,000, Onalaska-$250,000, Orange County-$250,000, Overton-$250,000, Paducah-$129,761, Paint Rock-$166,666, Palacios-$350,000, Pearsall-$250,000, Pelican Bay-$250,000, Plains-$250,000, Point Comfort-$250,000, Port Isabel-$331,808, Post-$250,000, Pottsboro-$125,000, Presidio-$266,596, Presidio County-$266,596, Quanah-$175,000, Quinlan-$250,000, Quitaque-$250,000, Rankin-$350,000, Raymondville-$331,808, Reeves County-$350,000, Rio Hondo-$331,808, Rockport-$300,000, Rocksprings-$222,295, Roscoe-$249,500, Rose City-$250,000, Rotan-$250,000, Runge-$250,000, San Augustine-$250,000, San Augustine County-$250,000, San Jacinto County-$250,000, Santa Rosa-$331,808, Seadrift-$250,000, Seymour-$175,000, Silsbee-$250,000, Silverton-$250,000, Socorro-$266,596, Sonora-$174,999, Sour Lake-$250,000, Springlake-$250,000, Springtown-$250,000, Starr County-$800,000, Sweetwater-$250,000, Tahoka-$250,000, Tenaha-$250,000, Texline-$250,000, Thrall-$250,000, Tom Bean-$114,000, Tom Green County-$174,999, Toyah-$350,000, Troup-$250,000, Victoria County-$250,000, Vinton-$266,595, Webb County-$800,000, West Orange-$250,000, Whiteface-$250,000, Whitehouse-$250,000, Whitesboro-$125,000, Willis-$350,000, Wilson-$250,000, Wolfe City-$250,000, and Zapata County-$800,000

2005 Community Development Supplemental Fund grantees:

Aledo-$250,000, Baird-$250,000, Barry-$250,000, Bellville-$350,000, Bishop-$300,000, Burton-$250,000, Coahoma-$350,000, Cooper-$188,229, Corrigan-$250,000, Cottonwood Shores-$250,000, Crosbyton-$250,000, Devine-$250,000, Eden-$173,850, Edna-$250,000, El Cenizo-$749,343, Ferris-$250,000, Franklin County-$250,000, Granger-$250,000, Groves-$250,000, Hamilton-$250,000, Henrietta-$175,000, Jourdanton-$250,000, Kaufman County-$250,000, Lovelady-$250,000, Megargel-$175,000, Meridian-$250,000, Palestine-$250,000, Panhandle-$250,000, Primera-$331,808, Quitman-$250,000, Refugio County-$300,000, Smith County-$250,000, Southmayd-$125,000, Stinnett-$250,000, Streetman-$250,000, Throckmorton-$250,000, Valentine-$266,596, Valley View-$115,592, Weimar-$350,000, and Zavala County-$318,374

2005 Planning and Capacity Building Fund grantees:

Ames-$29,350, Blanco-$32,750, Columbus-$49,200, Crockett-$41,800, Ector-$26,800, Ferris-$47,200, Honey Grove-$40,400, La Feria-$48,000, Ladonia-$26,800, Lockney-$47,200, Morton-$47,200, New Summerfield-$26,800, Nolanville-$32,750, Olton-$47,200, Post-$45,000, Rusk-$50,000, Savoy-$15,200, Taft-$49,200, Tom Bean-$32,750, Trinity-$47,200, Turkey-$20,600, and Wink-$25,300

TRD-200502602

Charles S. Stone

Executive Director

Office of Rural Community Affairs

Filed: June 23, 2005

Texas A&M University, Board of Regents

Request for Proposal

The Texas A&M University System (A&M System) requests proposals from professional firms interested in representing the A&M System and its members in certain tax matters.

Description: The A&M System is composed of 19 members (including 9 universities, 1 health science center, 8 state agencies and 1 System Administrative and General Office) supported by legislative appropriations, tuition, fees, income from auxiliary enterprises, the Permanent University Fund, the Available University Fund, grants, gifts, sponsored research and other sources of revenues, all of which may be impacted by federal tax law. For assistance with such issues, the A&M System will engage outside counsel for review of and advice regarding tax matters relating to higher education including, but not limited to, the following: unrelated business income tax; retirement programs; compensation issues; deferred compensation plans; nonresident alien tax issues; expatriate tax issues; representation with the Internal Revenue Service; and personal income tax issues as they relate to donors.

The A&M System invites proposals in response to this Request for Proposal (RFP) from qualified firms for the provision of such legal and tax services (for the period September 1, 2005 through August 31, 2006) under the direction and supervision of the A&M System Office of Budgets and Accounting.

Responses: Responses to this RFP should include at least the following information:

a description of the firm's or attorney's qualifications for performing the legal services, including the firm's past experience in the above referenced matters as they relate specifically to institutions of higher education;

the names and experience of the attorneys assigned to work on such matters;

the availability of the lead attorney and others assigned to the project;

a description of the firm's efforts to encourage and develop the participation of minorities and women in the provision of the firm's legal services generally, and tax matters, in particular;

fee information (either in the form of hourly rates for each partner, associate, paralegal and technical advisor who may be assigned to perform services to the A&M System, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses;

a comprehensive description of the procedures used by the firm to supervise the provision of legal services in a timely and cost-effective manner;

representation that should the firm be selected by the A&M System to provide legal assistance in tax matters, the firm will enter into the attached "Outside Counsel Agreement"; and

confirmation of willingness to comply with policies, directives and guidelines of the A&M System and the Attorney General of the State of Texas. Qualified firms must be able to exhibit compliance with House Bill No. 1, 78th Legislature, Regular Session, Article IX, Section 6.23, or as superseded, concerning matters against the State of Texas or any of its agencies.

Format and Person to Contact: Three copies of the proposal are requested. The proposal should be typed, preferably double spaced, on 8.5 by 11 inch paper with all pages sequentially numbered, and either stapled or bound together. The copies should be sent by mail or delivered in person, marked on the envelope "Response to Request for Proposal" and addressed to:

B. J. Crain

Associate Vice Chancellor for Budgets and Accounting

Office of Budgets and Accounting

The Texas A&M University System

A&M System Building, Suite 2003

200 Technology Way

College Station, Texas 77845-3424

Evaluation: Proposals sent in response to this RFP will be evaluated in light of several criteria. The criteria are expertise, availability of a lead attorney, prior experience in handling tax matters related to higher education, procedures for providing timely and cost-effective services, and reasonableness of fees. Although the fee structure and overall cost of this representation will be an extremely important factor in evaluating proposals submitted in response to this RFP, the successful firm(s) will clearly demonstrate exceptional expertise and experience with the tax matters made the subject of this RFP.

Deadline for submission of Response: All proposals must be received by the Office of Budgets and Accounting of the A&M System at the address set forth above not later than 5:00 p.m., August 1, 2005. We reserve the right to consider late proposals but cannot guarantee their consideration.

TRD-200502681

Vickie Burt Spillers

Executive Secretary to the Board

Texas A&M University, Board of Regents

Filed: June 29, 2005

Texas Department of Transportation

Aviation Division - Request for Proposal for Aviation Engineering Services

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

Airport Sponsor: City of Mount Pleasant, Mount Pleasant Regional Airport, TxDOT CSJ No. 0519MTPLS, Scope: To provide engineering/design services to extend runway and rehabilitate MIRL, Runway 17-35; extend taxiway, relocate PAPI and REIL, rehabilitate existing apron, improve drainage; rehabilitate existing hangar access taxiway; rehabilitate existing taxiway; mark temporary displaced threshold; supply erosion/sedimentation controls; prepare site preparation for runway and taxiway extension; provide obstruction lights for power pole No. 96; seed; mark runway 17-35; install hold and runway exit signs at the Mount Pleasant Regional Airport.

The DBE/HUB goal is set at 5%. TxDOT Project Manager is Harry Lorton, P.E.

To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing, and project narrative are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Mount Pleasant."

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. To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is an MS Word Template.

Six completed, unfolded copies of Form AVN-550 must be postmarked by U. S. Mail by midnight August 1, 2005 (CDT). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDT) on August 2, 2005. Overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. August 2, 2005 (CDT). Hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Sheri Quinlan.

The consultant selection committee will be composed of local government members. The final selection by the 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. If interviews are conducted, selection will be made following the interviews.

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

TRD-200502660

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 28, 2005

Aviation Division - Request for Proposal for Aviation Engineering Services

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

Airport Sponsor: Wilbarger County, Wilbarger County Airport. TxDOT CSJ No.:05HGVRNON. Scope: Provide engineering/design services for a pre-engineered metal aircraft hangar building system with associated appurtenances on an existing concrete foundation at the Wilbarger County Airport.

The DBE goal is set at 0%. TxDOT Project Manager is Megan Caffall.

To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing, and project narrative are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Wilbarger County Airport".

Interested firms shall utilize the latest version of Form AVN-550 (Form 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. 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.

Five (5) completed, unfolded copies of Form 550 must be postmarked by U. S. Mail by midnight July 29, 2005 (CDT). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDT) on August 1, 2005. Overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. August 1, 2005 (CDT). 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 Edie Stimach.

The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating 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. If interviews are conducted, selection will be made following the interviews.

If there are any procedural questions, please contact Edie Stimach, Grant Manager, or Megan Caffall, Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200502662

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 28, 2005

Aviation Division - Request for Proposal for Professional Services

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

Airport Sponsor: City of Mount Pleasant, Mount Pleasant Regional Airport, TxDOT CSJ No. 05EAMTPLS, Scope: To provide an environmental evaluation of a proposed runway and taxiway extension from 5000 feet to 6000 feet at the Mount Pleasant Regional Airport.

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

Interested firms shall utilize the Form AVN-551, titled "Aviation Planning Services Proposal". The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us/avn/avn551.doc . The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. To ensure utilization of the latest version of Form AVN-551, firms are encouraged to download Form AVN-551 from the TxDOT website as addressed above. Utilization of Form AVN-551 from a previous download may not be the exact same format. Form AVN-551 is an MS Word Template.

Six unfolded copies of Form AVN-551 must be postmarked by U. S. Mail by midnight August 1, 2005 (CDT). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDT) on August 2, 2005. Overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Please mark the envelope of the forms to the attention of Sheri Quinlan. Hand delivery must be received by 4:00 p.m. August 2, 2005 (CDT). Hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted.

The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating planning proposals can be found at www.dot.state.tx.us/business/avnconsultinfo.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following the interviews.

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

TRD-200502661

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 28, 2005

Public Notice - Disadvantaged Business Enterprise Goals Fiscal Year 2006

In accordance with Title 49, Code of Federal Regulations, Part 26, recipients of federal-aid funds authorized by the Transportation Equity Act for the 21st Century (TEA 21) are required to establish Disadvantaged Business Enterprise (DBE) programs. Section 26.45 requires the recipients of federal funds, including the Texas Department of Transportation (department), to set overall goals for DBE participation in U. S. Department of Transportation assisted contracts. As part of this goal-setting process, the department is publishing this notice to inform the public of the proposed overall goals, and to provide instructions on how to obtain copies of documents explaining the rationale for each goal.

The proposed Fiscal Year 2006 DBE goals are 12.54% for highway design and construction, 13.91% for aviation design and construction, and 4.29% for public transportation. The proposed goals and goal-setting methodology for each is available for inspection between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, for 30 days following the date of this notice. The information may be viewed in the office of the Texas Department of Transportation, Construction Division, Business Opportunity Programs Section, 200 E. Riverside Drive, Austin, Texas 78704, Room 2B.20.

The department will accept comments on the DBE goals for 45 days from the date of this notice. Comments can be sent to Efrem Casarez, Construction Division, 125 E. 11th St., Austin, Texas 78701; (512) 486-5502; Fax: (512) 486-5509; Email: ecasarez@dot.state.tx.us.

TRD-200502615

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 24, 2005

Texas Water Development Board

Notice of Public Hearing

An attorney with the Texas Water Development Board will conduct a public hearing beginning at 9:00 a.m., August 22, 2005, Room 1-100, William Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, on the proposed Fiscal Year 2006 Intended Use Plan for the Clean Water State Revolving Fund (CWSRF).

The Intended Use Plan contains a listing of treatment works projects in prioritized order which will be considered for funding in FY 2006 through the CWSRF program. The proposed Intended Use Plan has been prepared pursuant to rules for the CWSRF as adopted by the Texas Water Development Board in 31 Texas Administrative Code, Chapter 375.

Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the proposed Intended Use Plan. In addition, persons may participate in the hearing by mailing written comments before August 22, 2005 to Patricia Loving, Grant Administration to Contract Administration and Reporting, Texas Water Development Board, P.O. Box 13231, Austin, Texas, 78711. Copies of the proposed 2006 Intended Use Plan will be available in Room 537-A of the Stephen F. Austin Building or may be obtained from the Grant Administration to Contract Administration and Reporting, Texas Water Development Board, P.O. Box 13231, Austin, Texas, 78711.

The hearing is being conducted pursuant to 31 Texas Administrative Code, §375.11 and 40 Code of Federal Regulations Part 25.

TRD-200502668

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: June 29, 2005