TITLE in-addition

Office of the Attorney General

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 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: State of Texas v. Hidde Osinga, individually, and dba Osinga Dairy , Cause No. GV403908 in the 126th Judicial District Court, Travis County, Texas.

Nature of Defendant's Operations: Defendant Osinga owns and operates a dairy. An Agreed Order was issued February 5, 2003, by the Texas Commission on Environmental Quality ("TCEQ") assessing administrative penalties and water quality fees. Defendant failed to comply with the Order. On December 18, 2002, Defendant was cited for unauthorized discharge of wastewater from the dairy into a tributary of the Leon River. On December 18, 2002, Defendant was cited for allowing the amount of sludge in his wastewater retention facility to exceed the amount allowed by TCEQ regulations.

Proposed Agreed Judgment: Defendant Osinga shall pay the State civil penalties in the amount of Eight Thousand Eight Hundred Thirty Dollars ($8,830.00), administrative penalties in the amount of Eight Thousand Seven Hundred Dollars ($8,700.00), water quality fees and penalties in the amount of Eight Hundred Seventy Dollars ($870.00), and attorney's fees in the amount of Six Thousand Six Hundred Dollars ($6,600.00).

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

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

TRD-200501707

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: April 26, 2005


Texas Building and Procurement Commission

Request for Proposal

The Texas Building and Procurement Commission (TBPC), on behalf of the Texas Commission on Environmental Quality (TCEQ), announces the issuance of Request for Proposals (RFP) #303-5-10836-A . TBPC seeks a five year lease of approximately 6,508 sq. ft. of office space in the Austin area, Travis County, Texas.

The deadline for questions is May 3, 2005, and the deadline for proposals is May 10, 2005 at 3:00 P.M. The award date is June 1, 2005. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Kenneth Ming at (512) 463-2743. A copy of the revised RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=58593.

TRD-200501708

Kenneth Ming

Purchaser

Texas Building and Procurement Commission

Filed: April 26, 2005


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of April 15, 2005, through April 21, 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 April 27, 2005. The public comment period for these projects will close at 5:00 p.m. on May 27, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: Cedar Creek Subdivision ; Location: The project site is located in Cedar Creek, south of FM 517, approximately 4.5 miles west of Interstate Highway 45, in the Cedar Creek Subdivision, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Algoa, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 292938; Northing: 3257871. Project Description: The applicant is requesting authorization to discharge fill material into an approximate 1,900-foot-long stretch of an unimproved portion of Cedar Creek to improve water quality and protect against erosion. Development upstream from the project area has increased flow and velocity through the subject stretch of the creek and erosion is rapidly compromising the creek's banks. To stabilize the banks, the applicant proposes to place approximately 3,400 cubic yards of clay fill topped with 5,000 cubic yards of riprap into the channel. Small areas along the subject stretch of creek bed will be cut back and graded to allow for greater stabilization. There are no wetlands or vegetated shallows in the project area that would be impacted as a result of the proposed activity. The project is designed to improve the overall water quality of the creek. CCC Project No.: 05-0236-F1; Type of Application: U.S.A.C.E. permit application #23737 is being evaluated under §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: City of Corpus Christi ; Location: The project is located on the Peoples Street T-Head located at the intersection of Shoreline Boulevard and Peoples Street, Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 658600; Northing: 3075000. Project Description: The applicant proposes to construct four new docks (E, F, G, and H) with associated boat slips located on the westernmost side of the Peoples Street T-Head and one new commercial dock located perpendicular to the north side of the T-Head. Docks E and F would consist of a 550-foot-long by 8-foot-wide walkway. Dock E would have 10 finger piers that would be 60 to 80 feet long by 4 to 6 feet wide and Dock F would have 13 finger piers that would be 40 to 50 feet long by 3 feet wide with one exception that would be 8 feet wide. Dock G would be 600 feet long, 8 feet wide and have 15 finger piers on the south side and 14 on the north side. The finger piers would be 40 feet long and 3 feet wide. Dock H would be 500 feet long, 8 feet wide and would have 14 finger piers on each side that would be 32 feet long by 3 feet wide. The commercial dock would be 250 feet long and 8 feet wide and constructed as either a floating dock or a fixed-elevation dock. All docks would consist of timber and concrete walkways that would be concrete pile supported. Support piles would be driven in with an impact hammer from a barge. The proposed project would cover 0.71 acre of open water. No dredging or fill is proposed and no seagrass beds or oyster reefs are located within the proposed project area. CCC Project No.: 05-0238-F1; Type of Application: U.S.A.C.E. permit application #23726 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: City of Corpus Christi ; Location: The project is located adjacent to Corpus Christi Bay, along Ocean Drive between Hewitt Drive and Kush Lane, in Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 659500; Northing: 3071950. Project Description: The applicant proposes to improve an existing storm water outfall that is located on the bay side of Ocean Drive and drains into Corpus Christi Bay. Currently, the outfall consists of a concrete headwall and a 9 -by 9-foot concrete box culvert connected to a 185-foot-long open channel that receives tidal inflow from Corpus Christi Bay.

In order to compensate for the increased stormwater that will result from nearby drainage improvements, the applicant proposes to install a new box culvert that will extend along the length of the existing open channel. An area bayward of the existing headwall and the existing open channel would be excavated to a depth approximately 5 feet below the current flowline and filled with culvert bedding material to bring the area back to the currently existing elevation. The new box culvert would be placed on top of the culvert bedding material and backfilled on either side with suitable fill material. Approximately 3,400 cubic yards of material would be placed into 0.11 acre of jurisdictional area within the open channel to install the new box culvert. Water depths within the existing channel range from -2 to -3 feet mean high tide. Wing walls would be installed parallel to the shoreline both north and south of the new box culvert and a scour protection apron with velocity arrestors would be placed at the end of the box culvert. The northern wing wall would be 27 feet in length and the southern wing wall would be 31 feet in length. The proposed scour protection apron would consist of approximately 1,608 cubic yards of concrete riprap, stone riprap or articulated block mats that would be placed in a 0.3-acre area bayward of the new box culvert outfall. The applicant has indicated that the project site does not contain wetland vegetation, seagrasses or oysters. CCC Project No.: 05-0239-F1; Type of Application: U.S.A.C.E. permit application #23691 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

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

Further information on the applications listed above may be obtained from Ms. 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-200501699

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: April 26, 2005


Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to §§403.011, 2155.001, and 2156.121, Texas Government Code, and Chapter 54, Subchapter F, §§54.602, 54.611 - 54.618, and 54.636, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the issuance of its Request for Proposals (RFP #172e) for Institutional Commission Recapture Brokerage Services ("Services") for the Board. The selected respondent will assist the Comptroller and the Board by providing the requested Services consistent with the Board’s Investment Policy and Guidelines related to the Texas Tomorrow Constitutional Trust Fund ("Fund"), as described in this RFP and the contract, if any resulting from it ("Contract"). The Fund currently includes a prepaid tuition program and a college savings plan, both as authorized under Section 529 of the Internal Revenue Code. The prepaid tuition program currently has approximately $1.5 billion dollars in invested assets. The Comptroller and Board anticipate the selected respondent will provide the Services for the domestic equity separate account mandates for the prepaid tuition program; however, there is no guarantee of any specific amount. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP in order that the Board may move forward with retaining the necessary Services. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, the successful respondent(s) will be expected to begin performance of the contract on or about July 1, 2005.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, May 6, 2005, between 2:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Texas Marketplace after 2:00 p.m. CZT on Friday, May 6, 2005. The website address is http://esbd.tbpc.state.tx.us.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Monday, May 23, 2005. Prospective respondents are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or before Wednesday, May 26, 2005, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice on the issuance of this RFP.

Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM G24), no later than 2:00 p.m. (CZT), on Tuesday, June 7, 2005. Proposals received in ROOM G24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (ROOM G24).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board shall make the final decision on any contract award or awards resulting from this RFP. The Comptroller and the Board each reserve the right, in their sole discretion, to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows:

Issuance of RFP--May 6, 2005, 2:00 p.m. CZT;

Non-Mandatory Letters of Intent to propose and Questions Due--May 23, 2005, 2:00 p.m. CZT;

Official Responses to Questions posted--May 25, 2005;

Proposals Due--June 7, 2005, 2:00 p.m. CZT;

Contract Execution--July 1, 2005, or as soon thereafter as practical;

Commencement of Project Activities--July 1, 2005, or as soon thereafter as practical.

TRD-200501701

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: April 26, 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 05/02/05 -- 05/08/05 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 05/02/05 -- 05/08/05 is 18% for Commercial over $250,000.

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

The monthly ceiling as prescribed by Sec. 303.005 for the period of 05/01/05 -- 05/31/05 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-200501702

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 26, 2005


Texas Commission on Environmental Quality

Notice of the Availability of the Draft April 2005 Update to the Water Quality Management Plan for the State of Texas

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

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

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

Written comments on the draft WQMP update may be submitted to Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4420, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be submitted no later than 5:00 p.m. on June 6, 2005. For further information or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at nvignali@tceq.state.tx.us .

TRD-200501722

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 27, 2005


Notice of Water Quality Applications

The following notices were issued during the period of April 19, 2005 through April 26, 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.

BLOOMINGTON INDEPENDENT SCHOOL DISTRICT has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014578001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility is located 150 feet south of Farm-to-Market Road 616, approximately 2 miles west of the intersection of Farm-to-Market Road 616 and U.S. Highway 87 in Victoria County, Texas.

CITY OF COLORADO CITY has applied for a renewal of Permit No. 10077-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 1,120,000 gallons per day via surface irrigation of 280 acres of non-public access hay and grass fields. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 1.7 miles south-southeast of the intersection of East Central Avenue and Washington Street along State Highway 163 and 1.7 miles east of the intersection of State Highway 163 and Farm-to-Market Road 1229 in Mitchell County, Texas.

CITY OF FAIR OAKS RANCH has applied for a renewal of Permit No. 11867-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day via surface irrigation of 280 acres of Fair Oaks Ranch Golf and Country Club land. The facility and disposal site are located on the northern border of Bexar County, west of Ralph Fair Road and south of Cibolo Creek at the extreme east side of Ralph Fair Ranch in Bexar County, Texas.

WALTER MADISON GRAY, SR. has applied for a major amendment to TPDES Permit No. 11449-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 99,000 gallons per day to a daily average flow not to exceed 300,000 gallons per day. The facility is located at 5601 Farm-to-Market Road 565 South, in the City of Baytown, in Chambers County, Texas.

THE CITY OF KERRVILLE has applied for a renewal with changes of TPDES Permit No. WQ0010576001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,500,000 gallons per day. The applicant has requested removal of authorization for Marketing and Distribution of Class A sludge and the land application of Class A sludge on property owned, leased, or under the direct control of the permittee. The facility is located at 3650 Loop 534, at the end of Beach Street on the City Farm in the southeast section of the City of Kerrville in Kerr County, Texas.

CITY OF LYFORD has applied for a renewal of Permit No. 11210-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 270,000 gallons per day. The facility is located east of Lyford, approximately 0.8 miles east and 0.6 miles south of the intersection of State Highway 448 and Farm-to-Market Road 1921 in Willacy County, Texas.

MILITARY HIGHWAY WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 13462-008, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 510,000 gallons per day. The facility is located approximately 0.5 mile west of the intersection of Farm-to-Market Road 732 and Joines Road on the south side of Joines Road in Cameron County, Texas.

THE CITY OF NORDHEIM has applied for a renewal of Permit No. 11163-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 27,500 gallons per day via evaporation and irrigation of 14 acres of non-public access pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 2,000 feet southeast of the intersection of Farm- to-Market Road 239 and State Highway 72 in DeWitt County, Texas.

CITY OF PEARLAND has applied for a renewal of TPDES Permit No. 10134-010, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed a daily average flow of 2,500,000 gallons per day from outfall 001 in the interim phase, and not to exceed a daily average flow of 2,000,000 gallons per day from outfall 002 in the final phase. The facility is located on Dixie Farm Road, approximately 2.8 miles southwest of the Interstate Highway 45 and Dixie Farm Road interchange in Brazoria and Harris County, Texas.

PILOT INDUSTRIES OF TEXAS, INC. which operates an alkylates, lube oil intermediates, detergents, and surfactants manufacturing plant, has applied for a renewal of TPDES Permit No. 01899, which authorizes the discharge of process wastewater, utility wastewater, and storm water at a daily average flow not to exceed 28,000 gallons per day via Outfall 001. The facility is located at 11623 North Houston Rosslyn Road, southwest of Farm-to-Market Road 249, in the City of Houston, Harris County, Texas.

REGENCY I-45/SPRING CYPRESS RETAIL, L.P. has applied for a renewal of TPDES Permit No. 12812-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located at 1518 Spring Cypress Road in the City of Spring in Harris County, Texas.

SAN DIEGO MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a renewal of TPDES Permit No. 10270-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located adjacent to and east of Benavides Street, approximately 800 feet south of San Diego Creek, 2,200 feet east of State Highway 359 and 3,300 feet south of Sate Highway 44 in Duval and Jim Wells County, Texas.

TEXAS MUNICIPAL POWER AGENCY which operates the Gibbons Creek Lignite Mine, has applied for a renewal of TPDES Permit No. WQ0002460000, which authorizes the discharge of storm water from sedimentation ponds in active mining areas on an intermittent and flow variable basis via Outfalls 001 and 008, and the discharge of storm water from sedimentation ponds in reclamation areas on an intermittent and flow variable basis via Outfalls 101-103, 105, and 108-112. The facility is located along both sides of State Highway 30, approximately 0.5 miles west of the intersection of State Highway 30 and Farm-to-Market Road 244, near the community of Carlos, Grimes County, Texas.

CITY OF WHEELER has applied for a renewal of Permit No. 10382-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 120,000 gallons per day via evaporation and irrigation on 37 acres of pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located on the east side of U. S. Highway 83, approximately one mile north of Farm-to-Market Road 152 in Wheeler County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the permit issued to CHUSEI (USA) INC. which operates a polyethylene wax refining, custom SOCMI chemical manufacturing and tolling, and organo silicasol and sterol production facility, to include requirements which will restrict the use of certain chemicals at the facility. The existing permit authorizes the discharge of storm water and previously monitored effluents on an intermittent and flow variable basis via Outfalls 001 and 002; and storm water on an intermittent and flow variable basis via Outfall 003. The facility is located approximately one mile southwest of the intersection of State Highway 146 and Fairmont Parkway in the Bayport Industrial Park, and bordered on the east by the Southern Pacific Railroad in the City of La Porte, Harris County, Texas.

TRD-200501734

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 27, 2005


Notice of Water Rights Application

Notices mailed April 20, 2005 through April 22, 2005.

APPLICATION NO. 5864; TXU Big Brown Mining Company LP (TXU or Applicant) owner, TXU Mining Company LP, operator, 1601 Bryan Street, Dallas, Texas 75201-3411, seeks a Water Use Permit pursuant to Texas Water Code 11.121 and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code (TAC) 295.1, et seq. TXU seeks authorization to: (1) Maintain three reservoirs in the Big Brown Lignite Mining Area (LMA) on Pin Oak Creek, tributary of Cottonwood Creek, tributary of Tehuacana Creek, tributary of the Trinity River, Trinity River Basin, for domestic, livestock, agricultural (wildlife management) and game preserves purposes in Freestone County; (2) Divert and use not to exceed 120.5 acre-feet of water per year from two unnamed tributaries of Pin Oak Creek and Pin Oak Creek, within the Pin Oak Creek portion of the Big Brown LMA and Pond B-62 (DP 7 below) for dust suppression and other mining related activities, and (3) Divert over-flow from Reservoir No. 2, Pond B-87, via a constructed spillway directly to Reservoir No. 1, Pond B-89, during major storm events. Ownership of the mining rights in TXU's Big Brown LMA is held under multiple mining leases as evidenced by warranty deeds and leases submitted in the application filed with the Texas Railroad Commission and in the Deed Records of Freestone County. The water will be diverted at or upstream from six (6) identified points in the watershed within the boundary of the LMA, at a combined maximum rate not to exceed 6000 gpm (13.4 cfs). The diversion points are located in Freestone County. For a full description of the reservoirs and diversion points, contact the Office of the Chief Clerk at the address indicated below, or view the full notice at the public notice web site www.tceq.state.tx.us/comm_exec/cc/pub_notice.html. TXU Big Brown Mining Company LP (formerly Texas Utilities Mining Company) is the owner of Water Use Permit No. 5128 which authorizes the owner to construct and maintain a dam and reservoir, Pond B-62, on Pin Oak Creek and to impound therein 120.5 acre-feet of water at the lowest ungated outlet elevation of 353.0 feet above mean sea level for sediment control purposes within Big Brown LMA. Upon issuance of this application as requested, TXU will abandon Water Use Permit No. 5128, and Pond B-62 and diversion point No. 7 will be included in Water Use Permit No. 5864. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application and required fees were received on October 7, 2004 and additional information was received on January 11 and February 14, 2005. The application was declared administratively complete and filed with the Office of the Chief Clerk on March 4, 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.

APPLICATION NO. 5851; The Brazos River Authority has applied for a permit, designated its "System Operation Permit", to authorize: 1) appropriation of state water for multiple use purposes; 2) appropriation of current and future return flows; 3) an exempt interbasin transfer of the water requested; 4) operational flexibility; 5) recognition that the System Operation Permit will prevail over inconsistent provisions in its existing water rights; and 6) the use of the bed and banks of the Brazos River, its tributaries, and BRA's reservoirs for the storage, conveyance and subsequent diversion of state water appropriated pursuant to this application and from other sources. The TCEQ will hold a public meeting to receive comments on the application filed by the Brazos River Authority. The public meeting will consist of two parts, an Informal Discussion Period and a Formal Comment Period. During the Informal Discussion Period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application, but comments made during the Informal Discussion Period will not be considered by the Commissioners before reaching a decision on the application and no formal response will be made. During the Formal Comment Period, members of the public may state their comments into the official record. The Executive Director will summarize the formal comments and prepare a written response. The written response will be considered by the Commissioners in their decision-making process and upon request will be available to the public. The Public Meeting is to be held: Tuesday, May 17, 2005 at 7:00 p.m., Brazos River Authority Headquarters, 4600 Cobbs Drive, Waco, Texas 76714. Citizens are encouraged to submit written comments anytime during the meeting or by mail before the meeting to the Office of the Chief Clerk, TCEQ, MC 105, P.O. Box 13087, Austin, Texas, 78711-3087. If you need more information, please call the TCEQ Office of Public Assistance, toll free at 1-800-687- 4040. For a copy of the complete notice which contains more detailed information on this application, contact the Office of the Chief Clerk at the address indicated below, or view the full notice at the public notice web site www.tceq.state.tx.us/comm_exec/cc/pub_notice.html. This application is subject to the Texas Coastal Management Program (CMP) and must be consistent with the CMP goals and policies. The TCEQ will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on June 25, 2004, and additional information was received on October 8 and October 12, 2004. The application was declared administratively complete and accepted for filing on October 15, 2004. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this 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 in the information section below.

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

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

TRD-200501733

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 27, 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 June 27, 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 June 27, 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: Abeida Inc. dba Quik Serve; DOCKET NUMBER: 2005-0217-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 5371, Regulated Entity Number (RN) 101909323; LOCATION: Pearsall, Frio 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: $1,280; ENFORCEMENT COORDINATOR: Suzanne Baldwin, (512) 239-1675; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: American Rockwool, Inc. dba Thermafiber, Inc.; DOCKET NUMBER: 2005- 0335-AIR-E; IDENTIFIER: Air Permit Number 9397, RN100215243; LOCATION: Nolanville, Bell County, Texas; TYPE OF FACILITY: mineral wool manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 9397, and THSC, §382.085(b), by exceeding the maximum pounds per hour allowable emission rate for carbon monoxide; PENALTY: $2,240; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: BMC Holdings Inc.; DOCKET NUMBER: 2004-2054-AIR-E; IDENTIFIER: Air Account Number JE0343H, RN102559291; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to provide initial emissions event notification; and 30 TAC §116.115(b)(2)(F), Permit Number 901, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $3,680; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(4) COMPANY: Baptist Hospitals of Southeast Texas dba Memorial Hermann Baptist Beaumont Hospital; DOCKET NUMBER: 2004-2111-PST-E; IDENTIFIER: PST Facility Identification Number 48639, RN102920220; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: emergency generator supplied by an underground storage tank; RULE VIOLATED: 30 TAC §334.8(c)(4)(B), by failing to submit a completed registration and self-certification form; PENALTY: $600; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: City of Brownfield; DOCKET NUMBER: 2004-1636-PST-E; IDENTIFIER: PST Facility Identification Number 68300, RN102851748; LOCATION: Brownfield, Terry County, Texas; TYPE OF FACILITY: vehicle fueling; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Larry King, (512) 239-7037; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(6) COMPANY: Budget Rent A Car System, Inc.; DOCKET NUMBER: 2004-2006-PST-E; IDENTIFIER: PST Facility Identification Numbers 31048 and 73218, RN102887098 and RN102887049; LOCATION: Richardson and Dallas; Dallas County, Texas; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $3,232; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: S R Burzynski, MD; DOCKET NUMBER: 2005-0423-PST-E; IDENTIFIER: PST Facility Identification Number 73909, RN101895977; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: private fuel dispenser; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $840; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Caro Water Supply Corporation; DOCKET NUMBER: 2005-0185-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1740007, RN101184141; LOCATION: Nacogdoches, Nacogdoches County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.47(h), by failing to issue boil water notices; and 30 TAC §290.46(g), by failing to take bacteriological samples; PENALTY: $1,020; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: Cynthia Brown dba Cindy's; DOCKET NUMBER: 2005-0061-PST-E; IDENTIFIER: PST Registration Number 40726, RN102719192; LOCATION: Robert Lee, Coke County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to regularly inspect cathodic protection components in all the underground storage tanks (USTs); 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; and 30 TAC §334.48(c), by failing to conduct inventory control for all USTs; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(10) COMPANY: Glass Texaco Distributors, Inc. dba Essex Texaco; DOCKET NUMBER: 2005-0275-PST-E; IDENTIFIER: PST Registration Number 42586, RN102911161; LOCATION: Rusk, Cherokee 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: $760; ENFORCEMENT COORDINATOR: Suzanne Baldwin, (512) 239- 1675; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(11) COMPANY: HJG Trucking Company; DOCKET NUMBER: 2005-0128-WQ-E; IDENTIFIER: RN102377371; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: sand pit; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(a), by failing to obtain authorization to discharge storm water associated with industrial activity; PENALTY: $5,700; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Ollie J. Hilliard dba Jamie's House Charter School Water System; DOCKET NUMBER: 2005-0302-PWS-E; IDENTIFIER: PWS Number 1013266, RN104074125; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(n)(1), by failing to provide "as built" plans for review and approval; 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement for the water well; and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay public health service fees; PENALTY: $126; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: City of Kenedy; DOCKET NUMBER: 2004-1936-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10746-001, RN102097839; LOCATION: Kenedy, Karnes County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10746-001, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for total suspended solids, five- day biochemical oxygen demand, total residual chlorine, and dissolved oxygen; PENALTY: $7,568; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(14) COMPANY: M.A.D. Property Management, L.P. dba J&H Stop & Shop; DOCKET NUMBER: 2005-0119-PST-E; IDENTIFIER: PST Facility Identification Number 00971, RN102358660; LOCATION: Azle, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,850; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118- 6951, (817) 588-5800.

(15) COMPANY: Mark A. Mouton; DOCKET NUMBER: 2005-0022-OSI-E; IDENTIFIER: On-Site Sewage Facility (OSSF) Installer License Number OS0005735, RN103748133; LOCATION: Warren and Buna; Tyler and Jasper Counties, Texas; TYPE OF FACILITY: OSSF; RULE VIOLATED: 30 TAC §285.61(4) and THSC, §366.051(c), by failing to obtain proof of a permit and approved plan before beginning construction; PENALTY: $408; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100; 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898- 3838.

(16) COMPANY: Noltex, L.L.C.; DOCKET NUMBER: 2005-0122-AIR-E; IDENTIFIER: Air Account Number HG7698J, RN101049518; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §§101.20(1), 115.352(2), 115.354(2)(B) and (C), and 116.115(c), 40 CFR §§60.482-2(a)(1) and (c)(1) and (2), 60.482- 7(a), (d)(1) and (2), and 60.482-8(c)(2), and New Source Review Permit Number 19074, and THSC, §382.085(b), by failing to monitor fugitive components in volatile organic compound (VOC) service, by failing to repair fugitive components in VOC service, and by failing to make first attempts at fugitive component leaks; and 30 TAC §115.782(b)(1) and THSC, §382.085(b), by failing to make a first attempt at leak repair to a fugitive component in highly reactive VOC service; PENALTY: $24,320; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: City of Pampa; DOCKET NUMBER: 2003-1312-AIR-E; IDENTIFIER: Air Account Number GH0055U, RN100211416; LOCATION: Pampa, Gray County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §122.130(b)(1), 40 CFR §60.752(c)(1), and THSC, §382.054, by failing to submit a federal operating permit abbreviated application; and 30 TAC §101.20(1) and 40 CFR §60.757(a)(1)(i) and (2), by failing to submit a complete design capacity report; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(18) COMPANY: Proton PRC, LTD. dba Oasis Car Wash; DOCKET NUMBER: 2004-2096- PST-E; IDENTIFIER: PST Facility Identification Number 70148, RN102378874; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: car wash with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $950; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: S.L.C. Water Supply Corporation; DOCKET NUMBER: 2004-1133-PWS-E; IDENTIFIER: PWS Number 1470031, RN101265908; LOCATION: Groesbeck, Limestone County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes; PENALTY: $323; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710- 7826, (254) 751-0335.

(20) COMPANY: S.N.V. Business Inc. dba Bellaire Food Mart; DOCKET NUMBER: 2004- 1961-PST-E; IDENTIFIER: PST Facility Identification Number 35333, RN101724409; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,460; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239- 2136; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(21) COMPANY: Steinhagen Oil Company, Inc. dba Fastlane No. 3; DOCKET NUMBER: 2004-2064-PST-E; IDENTIFIER: PST Facility Identification Number 9307, RN101739035; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: retail gas station; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and (d)(6)(E) and the Code, §26.3475(a), by failing to have a release detection method capable of detecting a release and by failing to conduct a site assessment prior to the installation of a groundwater monitoring system; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(22) COMPANY: The Texas Youth Commission; DOCKET NUMBER: 2004-1367-PST-E; IDENTIFIER: PST Facility Identification Number 55834, RN101683241; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: juvenile corrections; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs in a manner which will detect a release; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(23) COMPANY: Ubuck, LLC dba Sage Foods; DOCKET NUMBER: 2004-1833-PST-E; IDENTIFIER: PST Facility Identification Number 28610, RN102821931; LOCATION: San Antonio, Bexar 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: $3,200; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(24) COMPANY: John Rumfolo dba Walter's Quik Stop; DOCKET NUMBER: 2005-0160- PST-E; IDENTIFIER: PST Facility Identification Number 73770, RN102716461; LOCATION: Tomball, 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: $1,600; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: Ofelia Bosquez dba Wencho's Gas and Food Mart; DOCKET NUMBER: 2005-0132-AIR-E; IDENTIFIER: Air Account Number EE1228E, RN101652691; LOCATION: Tornillo, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by offering for sale gasoline with an oxygen content lower than 2.7% by weight; PENALTY: $800; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(26) COMPANY: West Texas Gas, Inc.; DOCKET NUMBER: 2004-1870-PST-E; IDENTIFIER: PST Facility Identification Number 27656, RN102277266; LOCATION: Lubbock, Lubbock 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; and the Code, §5.702 and §26.358(f), by failing to pay aboveground storage tank fees; PENALTY: $800; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(27) COMPANY: Western Transportation, Inc.; DOCKET NUMBER: 2005-0483-PST-E; IDENTIFIER: RN104516927; LOCATION: Austin, Travis 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: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200501721

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 27, 2005


Department of State Health Services

Notice of Intent to Revoke the Certification of Mammography Systems of Hereford Regional Medical Center

Notice is hereby given that the Radiation Control Program, Department of State Health Services (department), filed a complaint against the following registrant: Hereford Regional Medical Center, 801 East 3rd Street, Hereford, Texas 79045, Registration No. M00408.

The department intends to revoke the certification of mammography systems; order the registrant to cease and desist use of such mammography machine(s); order the registrant to divest itself of such equipment; and order the registrant to present evidence satisfactory to the department that it has complied with the orders and the provisions of the Health and Safety Code, Chapter 401.

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-200501739

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: April 27, 2005


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on East Texas Medical Center Management

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 East Texas Medical Center Management (registrant--R22120-006) of Tyler. A total penalty of $10,000 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-200501737

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: April 27, 2005


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Goolsby Testing Laboratories, 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 Goolsby Testing Laboratories, Inc. (licensee--L03115) of Humble. A total penalty of $14,000 is proposed to be assessed the licensee for alleged violations of 25 Texas Administrative Code, Chapter 289.

A copy of all relevant material is available, by appointment, for public inspection at the 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-200501740

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: April 27, 2005


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Harold D. Lewis, D.O., dba Family Practice Clinic

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 Harold D. Lewis, D.O., dba Family Practice Clinic (registrant--R22434) of Austin. 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-200501738

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: April 27, 2005


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Northstar Surgical Center

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 Northstar Surgical Center (registrant--R26257) of Lubbock. A total penalty of $5,000 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-200501741

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: April 27, 2005


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Patricia H. Janki, M.D.

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 Patricia H. Janki, M.D. (registrant--R25967) of Houston. 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-200501742

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: April 27, 2005


Texas Department of Housing and Community Affairs

Notice of Public Hearing

Multifamily Housing Revenue Bonds (St. Augustine Estates) Series 2005

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at W. W. Samuell High School, 8928 Palisade Drive, Dallas, Texas 75217, at 6:00 p.m. on May 25, 2005 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $10,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to St. Augustine Estate Apartments, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: 150-unit multifamily residential rental development to be located at approximately the 2300 block of North St. Augustine Drive, Dallas County, Texas. The Development initially will be owned by the Borrower.

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

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

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

TRD-200501704

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 26, 2005


Notice of Public Hearing

Multifamily Housing Revenue Bonds (Prairie Ranch Apartments) Series 2005

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at West Elementary School, 2911 Kingswood Boulevard, Grand Prairie, Texas 75052, at 6:00 p.m. on May 23, 2005 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $13,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to ARDC GPwest, Ltd., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: 176-unit multifamily residential rental development to be located at 4940 South State Highway 360, Tarrant County, Texas. The Development initially will be owned by the Borrower.

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

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

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

TRD-200501706

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 26, 2005


Texas Department of Insurance

Company Licensing

Application to change the name of TIG PREMIER INSURANCE COMPANY to FAIRMONT PREMIER INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home office is in Martinez, California.

Application to change the name of SEGUROS TEPEYAC, S.A. to MAPFRE TEPEYAC, S.A., a Mexican Casualty company. The home office is in San Fernando Huixquilucan Estado de Mexico.

Application for admission to the State of Texas by OCEAN HARBOR CASUALTY INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home office is in Tallahassee, Florida.

Application for admission to the State of Texas by CATHOLIC KNIGHTS, a foreign Life, Accident and/or Health company. The home office is in Milwaukee, Wisconsin.

Application for incorporation to the State of Texas by MEDICUS INSURANCE COMPANY, a domestic Fire and/or Casualty company. The home office is in Austin, Texas.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas, 78701, within 20 days after this notice is published in the Texas Register .

TRD-200501735

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 27, 2005


Texas Lottery Commission

Instant Game Number 577 "Easy 10"

1.0 Name and Style of Game.

A. The name of Instant Game No. 577 is "EASY 10". The play style is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 577 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 577.

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

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

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, $1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $50.00, $60.00, $200, or $1,000.

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. 577 - 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. 577 - 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 $1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $30.00, $60.00, $100 or $200.

I. High-Tier Prize- A prize of $1,000.

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 (577), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 577-0000001-001.

L. Pack - A pack of "EASY 10" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 246 to 250 will be on the last page. A ticket will be folded over on both the front and back of the book so both ticket art and ticket backs are displayed in the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "EASY 10" Instant Game No. 577 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 "EASY 10" Instant Game is determined once the latex on the ticket is scratched off to expose 12 (twelve) Play Symbols. If a player reveals a 10 (ten) play symbol in the play area the player wins prize indicated. 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 12 (twelve) 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 12 (twelve) 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 12 (twelve) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 12 (twelve) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning play symbols on a ticket.

C. No duplicate non-winning prize symbols on a ticket.

D. Non-winning play symbols will never occur with the same prize symbol (i.e. 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "EASY 10" Instant Game prize of $1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $60.00, $100 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $60.00, $100 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "EASY 10" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "EASY 10" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "EASY 10" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "EASY 10" 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 20,160,000 tickets in the Instant Game No. 577. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 577 - 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. 577 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. 577, 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-200501686

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 25, 2005


Instant Game Number 595 "Cashword"

1.0 Name and Style of Game.

A. The name of Instant Game No. 595 is "CASHWORD". The play style is "key symbol match with a prize legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 595 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 595.

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 - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, and ?.

D. Play Symbol Caption- the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each 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. 595 - 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. 595 - 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 $3.00, $5.00, $10.00, or $20.00.

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

I. High-Tier Prize- A prize of $5,000 or $35,000.

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 (595), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 595-0000001-001.

L. Pack - A pack of "CASHWORD" Instant Game tickets contain 125 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the pack; the back of ticket 125 will be revealed on the back of the pack. Every other book will reverse i.e., reverse order will be: the back of ticket 001 will be shown on the front of the pack and the front of ticket 125 will be shown on the back of the pack. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a pack.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CASHWORD" Instant Game No. 595 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 "CASHWORD" Instant Game is determined once the latex on the ticket is scratched off to expose 139 (one hundred thirty-nine) possible play symbols. The player must scratch off all 18 (eighteen) boxed squares in the YOUR LETTERS play area to reveal 18 play symbol letters; then scratch the corresponding letters found in the CASHWORD puzzle grid play area. If a player scratches at least three (3) complete "words" in the CASHWORD puzzle grid play area, the player will win the corresponding prize indicated in the prize legend. For each of the 18 play symbol letters revealed in YOUR LETTERS play area, the player must reveal the identical key play symbol letter in the CASHWORD puzzle grid play area. Letters combined to form a complete "word" must appear in an unbroken horizontal (left to right) sequence or vertical (top to bottom) sequence of letters within the CASHWORD puzzle grid. Only letters within the CASHWORD puzzle grid that are matched with the YOUR LETTERS can be used to form a complete "word". The three (3) small letters outside the squares in the YOUR LETTERS area are for validation purposes and cannot be used to play CASHWORD. In the CASHWORD puzzle grid, every lettered square within an unbroken horizontal or vertical sequence must be matched with the YOUR LETTERS to be considered a complete "word". Words within a word are not eligible for a prize. For example, all the YOUR LETTERS play symbols S, T, O, N. E, must be revealed for this to count as one complete "word". TON, ONE or any other portion of the sequence of STONE would not count as a complete "word". A complete "word" must contain at least three letters. Letters combined to form a complete "word" must appear in an unbroken vertical (top to bottom) or horizontal (left to right) string of letters in the CASHWORD. To form a complete word, an unbroken string of letters cannot be interrupted by a block space. Any other words contained within a complete word are not added or counted for purposes of prize legend. Every single letter in the vertical or horizontal (left to right)` unbroken string must: (a) be one of the 18 larger outlined play symbols letters revealed in the play area, YOUR LETTERS, and (b) be included to form a complete "word". The possible complete words for this ticket are contained in the CASHWORD play area. Each possible complete word must consist of three (3) or more letters and occupy an entire word space. Players must match all of the play symbol letters to the identical key play symbols in a possible complete word in order to complete the word. If the letters revealed form three (3) or more complete words each of which occupy a complete word space on the CASHWORD play area, the player will win the corresponding prize shown in the prize legend for forming that number of complete words. 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. One hundred thirty-nine (139) possible 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, 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;

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 139 (one hundred thirty-nine) possible 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 139 (one hundred thirty-nine) possible Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 139 (one hundred thirty-nine) possible 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. Adjacent tickets in a pack will not have identical patterns.

C. Each ticket consists of a Your Letters area and one Crossword Puzzle Grid.

D.The Crossword Puzzle Grid will be formatted with at least 1000 configurations (i.e. puzzle layouts not including words).

E. All Crossword Puzzle Grid configurations will be formatted within a grid that contains 11 spaces (height) by 11 spaces (width).

F. Each word will appear only once per ticket on the Crossword Puzzle Grid.

G. Each letter will only appear once per ticket in the YOUR LETTERS play area.

H. Each Crossword Puzzle Grid will contain the following: a) 4 sets of 3 letter words b) 5 sets of 4 letter words c) 3 sets of 5 letter words d) 3 sets of 6 letter words e) 1 set of 7 letter words f) 2 sets of 8 letter words g) 1 set of 9 letter words. h) 19 words per puzzle per ticket.

I. There will be a minimum of three (3) vowels in the YOUR LETTERS play area.

J. The length of words found in the Crossword Puzzle Grid will range from 3-9 letters.

K. Only words from the approved word list will appear in the Crossword Puzzle Grid.

L. None of the prohibited words (see attached list) will appear horizontally (in either direction), vertically, (in either direction) or diagonally (in either direction) in the Cashword puzzle grid.

M.You will never find a word horizontally (in either direction), vertically (in either direction) or diagonally (in either direction) in the YOUR LETTERS play area that matches a word in the Crossword Puzzle Grid.

N. Each Crossword Puzzle Grid will have a maximum number of different grid formations with respect to other constraints. That is, for identically formatted Crossword puzzles (i.e. the same grid), all "approved words" will appear in every logical (i.e. 3 letter word = 3 letter space) position, with regards to limitations caused by the actual letters contained in each word (i.e. will not place the word ZOO in a position that causes an intersecting word to require the second letter to be "Z", when in fact, there are no approved words with a "Z" in the second letter position).

O. No one (1) letter, with the exception of vowels, will appear more than nine (9) times in the Crossword Puzzle grid.

P. No ticket will match eleven (11) words or more.

Q. Each ticket may only win one (1) prize.

R. Three (3) to ten (10) completed words will be revealed as per the prize structure.

S. NON-WINNING TICKETS: Sixteen (16) to eighteen (18) YOUR LETTERS will open at least one (1) letter in the CASHWORD Puzzle Grid.

2.3 Procedure for Claiming Prizes.

A. To claim a "CASHWORD" Instant Game prize of $3.00, $5.00, $10.00, $20.00, $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 $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 2.3.C of these Game Procedures.

B. To claim a "CASHWORD" Instant Game prize of $5,000 or $35,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "CASHWORD" 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 therefor, 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 therefor, 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 therefore. 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 12,000,000 tickets in the Instant Game No. 595. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 595 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 595 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. 595, 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-200501687

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 25, 2005


Instant Game Number 596 "Fabulous 5's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 596 is "FABULOUS 5’S". The play style in Game 1 is "key number match with doubler." The play style in Game 2 is "match up." The play style in Game 3 is "bonus game". The play style in Game 4 is "three in line with doubler". The play style in Game 5 is "key number match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 596 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 596.

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

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

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $55.00, $100, $500, $1,000, $5,000, $55,000, 5 SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, $00, X SYMBOL, O SYMBOL and 5 SYMBOL.

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

Figure 1: GAME NO. 596 - 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. 596 - 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, $15.00 or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $55.00, $100 or $500.

I. High-Tier Prize- A prize of $5,000 or $55,000.

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 (596), 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: 596-0000001-000.

L. Pack - A pack of "FABULOUS 5’S" 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 the 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 "FABULOUS 5’S" Instant Game No. 596 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 "FABULOUS 5’S" Instant Game is determined once the latex on the ticket is scratched off to expose 42 (forty-two) Play Symbols. In Game 1, if a player matches three (3) identical amounts the player wins amount indicated. If a player matches two (2) identical amounts and reveals a "5" play symbol the player wins double the amount indicated automatically. In Game 2, if a player reveals two (2) "5" play symbols the player wins prize indicated. In Game 3, if a player reveals a prize between $15.00 inclusive and $55.00 inclusive the player wins that prize amount indicated. In Game 4, if a player reveals three (3) identical "X" play symbols or three (3) identical "O" play symbols either diagonally, vertically, or horizontally the player wins prize indicated in Prize Box. If a player reveals three "5" play symbols either diagonally, vertically, or horizontally the player wins double the prize indicated. In Game 5, if a player matches either of the LUCKY NUMBERS play symbols to any of YOUR NUMBERS play symbols the player wins prize indicated for that number. If a player reveals a "5" play symbol the player wins double the prize indicated automatically. 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 42 (forty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 42 (forty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 42 (forty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 42 (forty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. The doubler feature will never appear more than once within a game and only on intended winning tickets as dictated by the prize structure in games 1, 4 and 5.

C. Game1: No four or more of a kind.

D. Game 1: No three pairs in this game.

E. Game1: No three of a kind and a doubler symbol.

F. Game 2: There will be no occurrence of two matching play symbols other than the 5 symbol.

G. Game 4: This game may only win once.

H. Game 4: There will be at least two 5 play symbols in this game.

I. Game 5: No three or more like non-winning prize symbols in this game.

J. Game 5: No duplicate non-winning YOUR NUMBERS play symbols.

K. Game 5: No duplicate LUCKY NUMBERS play symbols on a ticket.

L. Game 5: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "FABULOUS 5’S" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $55.00, $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, $55.00, $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 "FABULOUS 5’S" Instant Game prize of $5,000 or $55,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "FABULOUS 5’S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "FABULOUS 5’S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "FABULOUS 5’S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 596. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 596 - 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. 596 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. 596, 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-200501688

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 25, 2005


Manufactured Housing Division

Notice of Administrative Hearing

Thursday, May 26, 2005, 1:00 p.m.

State Office of Administrative Hearings, William P. Clements Building, 300 West 15th Street, 4th Floor,

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs vs. Ghengis Khan Investments, to hear alleged violations of Sections 1201.354, 1201.356, 1201.357, 1201.358, 1201.451, 1201.551(a)(3) and 1201.455(a) of the Act and Sections 80.131(b) and 80.132(3) of the Rules by selling a used manufactured home without the appropriate, timely transfer of a good and marketable title, failing to deliver a habitability warranty, and not complying with the initial report and warranty orders of the Director and providing copies of completed work orders in a timely manner. SOAH 332-05-5427. Department MHD2005000238-W and MHD2005000239-L.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589, james.hicks@tdhca.state.tx.us

TRD-200501703

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: April 26, 2005


State Preservation Board

Consulting Services Contract Notification

In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, the State Preservation Board is giving notice that it intends to award a consulting agreement for a museum exhibit front-end audience evaluation to People, Places & Design Research, unless a better offer is received. The Agency has received underwriting for the planning of the exhibit through a grant from the National Endowment for the Humanities (NEH). The Consultant will work with agency staff to develop a research strategy, design data gathering tools, monitor acquisition of data, review and analyze data and create a summary report in order to understand initial audience expectations for the exhibit, entry level knowledge of the topic and motivations for coming to the exhibit. The Agency intends to award the contract to the consultant listed above who was identified in the NEH grant application that is providing the project funding.

Please call David Denney, Director of Public Programs, The Bob Bullock Texas State History Museum, (512) 936-2311 if you have questions or need further information. The deadline for inquiries is May 27, 2005.

TRD-200501705

Linda Gaby, CTPM

Director of Administration

State Preservation Board

Filed: April 26, 2005


Public Utility Commission of Texas

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

On April 18, 2005, Supra Telecommunications and Information Systems, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60177. Applicant intends to reflect a change in ownership/control.

The Application: Application of Supra Telecommunications and Information Systems, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 31007.

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 May 11, 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 31007.

TRD-200501651

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 21, 2005


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas on April 14, 2005, pursuant to the Public Utility Regulatory Act, TEX. UTIL. CODE. ANN. §§14.101 and 37.154 (Vernon 1998 & Supp. 2005) (PURA).

Docket Style and Number: Application of AEP Texas Central Company and South Texas Electric Cooperative Reporting Sale of Certain Substation Facilities, Docket Number 31003.

The Application: AEP Texas Central Company (TCC) and South Texas Electric Cooperative (STEC) filed an application reporting sale of certain substation facilities. The facilities are located within the Loyola Substation, which is approximately 1 mile north of the unincorporated community of Riviera and 0.5 miles east of Highway 77 in Kleberg County. The subject facilities are 100% dedicated to serving customers that would be transferred to Nueces Electric Cooperative, Inc. (NEC) upon Commission approval of Docket 30633, Joint Petition of Nueces Electric Cooperative, Inc. and AEP Texas Central Company to Transfer Service Area Rights and Associated Distribution Faclities . In accordance with the operating agreement between NEC and STEC, these facilities are the type that STEC owns and operates to serve NEC. TCC, NEC, and STEC agree that the transfer would appropriately be made to STEC instead of NEC. This transfer is contingent upon the approval of Docket Number 30633.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 31003.

TRD-200501653

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 21, 2005


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

Notice is given to the public of an application filed by La Ward Telephone Exchange, Inc. (La Ward) with the Public Utility Commission of Texas (commission) on April 8, 2005 to make a tariff rate change.

Docket Title and Number: Application of La Ward Telephone Exchange, Inc. for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171. Tariff Control Number 30992.

The Application: La Ward has filed a statement of intent to implement revisions to its Local Exchange Access Line rates and to increase its Service Order, Returned Check and DID Number Block rates.

For a copy of the proposed tariffs or for further information regarding this application, customers should contact La Ward Telephone Exchange, Inc. at Highway 172, La Ward, Texas 77970 or call (361) 872-2211 during regular business hours.

Customers have a right to petition the commission for a review of this application. If the commission receives a complaint relating to the proposed change from either an affected intrastate access customer or a group of affected intrastate access customers that, the preceding 12 months, the company billed more than 10% of its total intrastate gross access revenues, the application will be docketed. The deadline to comment or request to intervene in this proceeding is June 30, 2005. Persons wishing to comment or intervene should contact the Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326 or call the commission at (512) 936-7120 or in Texas (toll-free) at 1-888-782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (toll-free) 1-800-735-2988.

TRD-200501652

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 21, 2005


University of North Texas

Invitation for Consultants to Provide Offers of Consulting Services Related to Assisting the University of North Texas Office of Research Services

Pursuant to the provisions of Texas Government Code, Chapter 2254, the University of North Texas (UNT) extends this invitation (Invitation) to qualified and experienced consultants interested in providing the consulting services described in this Invitation to the University of North Texas.

Scope of Work:

The selected consulting firm will be responsible for assisting UNT in developing and maximizing its facilities and administrative rate proposal for submission to the Dallas Office of the Department of Health and Human Services, Division of Cost Allocation. The consulting services will include, but not necessarily be limited to, the following: development of a project plan and control mechanism; development of a facilities space survey instrument; ratio analysis of data obtained from the facilities space survey; provide support for the reconfiguration and reinstallation of the existing Comprehensive Rate Information System database in conjunction with and using PeopleSoft data; review of and advice related to the allocation basis of costs; review of and advice related to interest expense charges; review of and advice related to facilities and administrative depreciation methodologies; review of and advice related to direct charge equivalent methodology and calculation of the departmental administration rate component; review of and advice related to incorporation of cost sharing data; assistance with preparation of the facilities and administrative proposal; and advice and assistance related to the Division of Cost Allocation review, defense of the submitted proposal and space survey, and rate negotiations.

Specifications:

Any consultant submitting an offer in response to this Invitation must provide the following: (1) the consultant's legal name, including type of entity (individual, partnership, corporation, etc.) and address; (2) background information regarding the consultant, including the number of years in business and the number of employees; (3) information regarding the qualifications, education, and experience of the team members proposed to conduct the requested services; (4) the hourly rate to be charged for each team member providing services; (5) the earliest date by which the consultant could begin providing the services; (6) a list of five client references, including any complex institutions or systems of higher education for which the consultant has provided similar consulting services; (7) a statement of the consultant's approach to providing the services described in the Scope of Work section of this Invitation, any unique benefits the consultant offers UNT, and any other information the consultant desires UNT to consider in connection with the consultant's offer; (8) information to assist UNT in assessing the consultant's demonstrated competence and experience providing consulting services similar to the services requested in this Invitation; (9) information to assist UNT in assessing the consultant's experience performing the requested services for other complex institutions or systems of higher education; (10) information to assist UNT in assessing whether the consultant will have any conflicts of interest in performing the requested services; (11) information to assist UNT in assessing the overall cost to UNT for the requested services to be performed; and (12) information to assist UNT in assessing the consultant's capability and financial resources to perform the requested services.

Selection Process:

The consulting services sought herein relate to services previously provided to UNT by Maximus, Inc. in the original development and implementation of the Comprehensive Rate Information System database. Unless a better offer (as determined by UNT) is received in response to this Invitation, UNT intends to award the contract for the consulting services to Maximus, Inc.

Selection of the Successful Offer (defined below) submitted in response to this Invitation by the Submittal Deadline (defined below) will be made using the competitive process described below. After the opening of the offers and upon completion of the initial review and evaluation of the offers submitted, selected consultants may be invited to participate in oral presentations. The selection of the Successful Offer may be made by UNT on the basis of the offers initially submitted, without discussion, clarification or modification. In the alternative, selection of the Successful Offer may be made by UNT on the basis of negotiation with any of the consultants. At UNT's sole option and discretion, it may discuss and negotiate all elements of the offers submitted by selected consultants within a specified competitive range. For purposes of negotiation, a competitive range of acceptable or potentially acceptable offers may be established comprising the highest rated offers. UNT will provide each consultant within the competitive range with an equal opportunity for discussion and revision of its offer. UNT will not disclose any information derived from the offers submitted by competing consultants in conducting such discussions. Further action on offers not included within the competitive range will be deferred pending the selection of the Successful Offer, however, UNT reserves the right to include additional offers in the competitive range if deemed to be in its best interest. After the submission of offers but before final selection of the Successful Offer is made, UNT may permit a consultant to revise its offer in order to obtain the consultant's best final offer. UNT is not bound to accept the lowest priced offer if that offer is not in its best interest, as determined by UNT. UNT reserves the right to: (a) enter into agreements or other contractual arrangements for all or any portion of the Scope of Work set forth in this Invitation with one or more consultants; (b) reject any and all offers and re-solicit offers; or (c) reject any and all offers and temporarily or permanently abandon this procurement, if deemed to be in the best interest of UNT.

Criteria for Selection:

The successful offer (Successful Offer) must be submitted in response to this Invitation by the Submittal Deadline will be the offer that is the most advantageous to UNT in UNT's sole discretion. Offers will be evaluated by University of North Texas and member institution personnel. The evaluation of offers and the selection of the Successful Offer will be based on the information provided to UNT by the consultant in response to the Specifications section of this Invitation. Consideration may also be given to any additional information and comments if such information or comments increase the benefits to UNT. The successful consultant will be required to enter into a contract acceptable to UNT.

Consultant's Acceptance of Offer:

Submission of an offer by a consultant indicates: (1) the consultant's acceptance of the Offer Selection Process, the Criteria for Selection, and all other requirements and specifications set forth in this Invitation; and (2) the consultant's recognition that some subjective judgments must be made by UNT during this Invitation process.

Finding by President:

The President of the University of North Texas finds that the consulting services are necessary because the University of North Texas does not have the specialized experience or the staff resources available for the development and integration of its existing software systems with Peoplesoft data for the submission of its Research Services facilities and administrative rate proposal to the Department of Health and Human Services, Division of Cost Allocation. The University of North Texas believes that such expert consulting services will be cost effective by maximizing its research funding.

Submittal Deadline:

To respond to this Invitation, consultants must submit the information requested in the Specification section of this Invitation and any other relevant information in a clear and concise written format to: Don Lynch, Purchasing Services Manager, University of North Texas, 2310 North Interstate 35-E, P.O. Box 310499, Denton, Texas 76201. Offers must be submitted in an envelope or other appropriate container and the name and return address of the consultant must be clearly visible. All offers must be received at the above address no later than 1:00 p.m., CDT, Monday, June 6, 2005 (Submittal Deadline). Submissions received after the Submittal Deadline will not be considered.

Questions:

Questions concerning this Invitation should be directed to: Don Lynch, Purchasing Services Manager, University of North Texas, 2310 North Interstate 35-E, P.O. Box 310499, Denton, Texas 76201. UNT may in its sole discretion respond in writing to questions concerning this Invitation. Only UNT's responses made by formal written addenda to this Invitation shall be binding. Oral or other written interpretations or clarifications shall be without legal effect.

TRD-200501736

Sandy Shelton

Contract Administration Manager

University of North Texas

Filed: April 27, 2005


Texas Workers' Compensation Commission

Invitation to Apply to the Medical Advisory Committee (MAC)

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

Primary

* Dentist

* Employer

* General Public 1

Alternate

* Public Health Care Facility Representative

* Dentist

* Pharmacist,

* Employer

* General Public 1

* Insurance Carrier

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

The Medical Advisory Committee meetings must be held at least quarterly each fiscal year during regular Commission working hours. Members are not reimbursed for travel, per diem, or other expenses associated with Committee activities and meetings.

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

Applications and other relevant Medical Advisory Committee information may be viewed and downloaded from the Commission's website at http://www.twcc.state.tx.us and then clicking on Calendar of Commission Meetings, Medical Advisory Committee. Applications may also be obtained by calling Jane McChesney, MAC Coordinator, at 512-804-4855 or R. L. Shipe, Director, Medical Review, at 512-804-4802.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Maintain knowledge of MAC proceedings.

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

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

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

Responsibilities of the Chairman. Preside at MAC meetings and ensure the orderly and efficient consideration of matters requested by the Medical Review Division.

Prior to a MAC meeting confer with the Medical Review Division Director, and when appropriate, the TWCC Executive Director to receive information and coordinate:

a. Preparation of a suitable agenda.

b. Planning MAC activities.

c. Establishing meeting dates and calling meetings.

d. Establishing subcommittees.

e. Recommending MAC members to serve on subcommittees.

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

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

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

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

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

Maintaining attendance records.

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

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

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

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

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

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

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

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

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

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

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

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

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

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

TRD-200501700

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: April 26, 2005