The Central Texas Regional Mobility Authority (CTRMA), a political subdivision, is soliciting statements of interest and qualifications from firms interested in providing traffic and revenue engineering services. The firm(s) will be responsible for conducting complex traffic modeling and forecasting, including forecasting of revenues for bond-financed toll projects, and rendering opinions and other analyses concerning traffic and revenue projections as required under a trust agreement governing CTRMA's revenue bond financing for current and future projects.

Firms submitting qualifications must be an independent engineering firm with a nationwide and favorable reputation for skill and experience in traffic engineering, and recent and extensive experience in transportation and toll applications, complex modeling and forecasting tools, and demonstrated success in forecasting revenues generated by bond-financed transportation projects. The CTRMA is seeking to hire a Traffic and Revenue consultant and to establish a pool of other qualified firms to provide peer review of the lead firm. Firms submitting qualifications must indicate whether they desire to be considered as a lead firm, a peer review firm, or both.

A traffic and revenue engineering services qualifications packet will be available May 12, 2005. Copies may be obtained from the CTRMA website at http://www.ctrma.org/public.php, or by contacting the CTRMA Project Office at (512) 996-9778. Periodic updates, addenda, and clarifications will be posted on the CTRMA website, and interested parties are responsible for monitoring the website accordingly. Final responses must be received in the offices of the CTRMA by or before 4:00 p.m. C.D.S.T. June 17, 2005, to be eligible for consideration.

It is the policy of the CTRMA to encourage the participation of HUBs, minorities, and women in all facets of its activities. To this end, the extent to which HUBs, minorities, and women participate in the ownership, management and professional work force of a firm will be considered by the CTRMA in the selection of a firm to provide traffic and revenue engineering services. Respondents shall submit a current profile of their firm and any relevant certifications with their responses to this RFQ.

Each firm will be evaluated based on the criteria and process set forth in the RFQ. The final selection of the traffic and revenue engineering services firm, if any, will be made by the CTRMA board of directors.

Questions concerning this RFQ shall be directed in writing to Ron Fagan, Director of Operations, CTRMA, 13640 Briarwick Drive, Suite 200, Austin, TX 78729, and must be received by June 1, 2005.

TRD-200501970

Mike Heiligenstein

Executive Director

Central Texas Regional Mobility Authority

Filed: May 17, 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 May 6, 2005, through May 12, 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 May 18, 2005. The public comment period for these projects will close at 5:00 p.m. on June 17, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: Kaneka Texas Corporation ; Location: The project is located in wetlands adjacent to Big Island Slough, approximately 2,000 feet upstream from the intersection with Red Bluff Road, in Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: League City, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 298389; Northing: 298389. Project Description: The applicant proposes to discharge fill material into 2.974 acres of waters of the U.S. to expand their polymer production facility. The project will result in 2.944 acres of impacts to forested wetlands. Approximately 24,000 cubic yards of clean fill will be required to raise the elevation of the property to 17 feet mean sea level. The purpose of the project is to expand the facility to meet market demand. To compensate for the impacts to 2.974 acres of wetlands, the applicant proposes to purchase and preserve, by conservation easement, 6 acres of wetland habitat in the affected watershed. CCC Project No.: 05-0244-F1; Type of Application: U.S.A.C.E. permit application #23723 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Spinnaker Exploration Company ; Location: The project is located in Federal waters in the Gulf of Mexico, in Galveston Area Block 312, Freeport Anchorage Area, offshore, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Freeport, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 289058; Northing: 3190881. Project Description: The applicant proposes to install, operate and maintain a marine jackup rig and appurtenances for oil and gas exploration and production activities. The applicant seeks authorization to drill OCS-G 26478 Well Nos. 1, 2, and 3 from a single surface location in the Galveston Area Block 312, Freeport Anchorage Area. CCC Project No.: 05-0261-F1; Type of Application: U.S.A.C.E. permit application #23718(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Pearl Crossing LNG Terminal LLC and Pearl Crossing Pipeline LLC ; Location: Within the La Quinta Channel and adjacent graving dock (fabrication yard) near Ingleside, Texas in San Patricio County; in the Gulf of Mexico, block 220, West Cameron area, about 41 miles off the Louisiana Coast: and within a 53 mile long pipeline corridor in offshore waters beginning at block 220 and thence proceeding in a northwesterly route traversing the Calcasieu Pass Safety Fairway, Sabine Pass (Aransas) to Calcasieu Pass Safety Fairway and Sabine Pass Anchorage Area, coming on shore and tying into a proposed meter station at Johnsons Bayou, Louisiana, in Cameron Parish, thence proceeding along a westerly route paralleling chenier ridges up to Sabine Lake, thence northward through Sabine Lake, a portion of the Sabine River, over emergent and forested landscapes and across the Gulf Intracoastal Waterway and other channels and tributaries ending at a new meter station and pipeline interconnection located at Starks, Louisiana in Calcasieu Parish for an onshore distance of 64 miles. Project Description: Dredge and remove 2,014,000 cubic yards of earthen material, as necessary, to construct a graving dock facility which would be utilized to fabricate a concrete gravity-based structure and to provide appropriate navigation depths in the LaQuinta Channel for launching, transporting and deploying the structure. Excavated material will be placed within local disposal sites, as shown on the site location map. The 590 feet long by 289 feet wide concrete-based structure, capable of berthing two carriers, would be installed on the sea floor in block 220, West Cameron area, approximately 41 miles off the Louisiana Coast in the Gulf of Mexico and would serve as a liquefied natural gas docking/unloading terminal with receiving, storage and regasification capabilities via the open-rack vaporization method. Approximately 1,114,593 cubic yards of water bottom sediments would be excavated and temporarily stockpiled as required to install two parallel 42-inch pipelines in the Gulf of Mexico beginning at the proposed docking terminal and extending northwesterly for a distance of approximately 53 miles tying into a proposed meter station situated within the coastal community of Johnsons Bayou, Louisiana. Approximately 2,100,800 cubic yards of native material would be displaced through clearing of construction and permanent rights-of-ways, grading, trenching and backfilling operations and dredging of flotation canal, as well as the deposition of 397,800 cubic yards of onsite excavation in addition to 66,304 cubic yards of hauled-in clay and 223,253 cubic yards of stone or gravel, all required to install approximately 64 miles of a single 42-inch pipeline, five meter stations, ten pipeline interconnections and access roadways. The pipeline would exit Johnsons Bayou meter station thence proceed in a westerly direction to Sabine Lake thence continuing in a northerly route tying into a proposed meter station and pipeline interconnection located at Starks, Louisiana, in Calcasieu Parish. In the Gulf of Mexico, pipelines would be buried 3 feet below the water bottom and not less than 10 feet where the pipeline crosses navigation fairways and 17 feet in anchorage areas. Pipelines onshore would be buried 3 feet below the ground surface, 5 feet below the water bottom in Sabine Lake and 20 feet below the Gulf Intracoastal Waterway. Horizontal directional drilling may be utilized to install pipelines at gulf and lake shoreline crossings as well as most navigable waterways. All work as previously described is required to fabricate, install, operate and maintain facilities and equipment as necessary to receive, process and transport liquid natural gas resources which is critical in meeting the nations' near future energy demands. CCC Project No.: 05-0264-F1; Type of Application: U.S.A.C.E. permit application #MVN-2004-5164-WY 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-200501967

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: May 17, 2005

Comptroller of Public Accounts

Notice of Contract Award

Pursuant to §1201.027, Texas Government Code; Chapter 2254, Subchapter B, Texas Government Code; and Chapter 404, Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the award of the following contract:

A contract is awarded to RBC Dain Rauscher, Inc. 2711 North Haskell, Suite 2400, Dallas, Texas 75204-2936. The total contract amount for the contract is a $35,975 fee and $6,500 in expenses for each Tax Revenue Anticipation Note issue during the term of the contract. The term of the contract is May 11, 2005 through August 31, 2007.

The Comptroller's Request for Proposals 172a (RFP) related to this contract award was published in the March 14, 2005, Texas Register (30 TexReg 1513).

TRD-200501935

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: May 12, 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, 303.009, and 304.003, Tex. Fin. Code.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 05/23/05 - 05/29/05 is 18% for Consumer ¹ /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 05/23/05 - 05/29/05 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Section 304.003 for the period of 06/01/05 - 06/30/05 is 6% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Section 304.003 for the period of 06/01/05 - 06/30/05 is 6% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

TRD-200501976

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 17, 2005

Credit Union Department

Applications to Amend Articles of Incorporation

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application for a name change was received from Concho Valley Government Employees Credit Union, San Angelo, Texas. The credit union is proposing to change its name to Concho Valley Credit Union.

An application for a name change was received from Varco Employees Credit Union, Houston, Texas. The credit union is proposing to change its name to National Oilwell Varco Employees Credit Union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200501988

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 18, 2005

Applications to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from InvesTex Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live within a 10-mile radius of the InvesTex Credit Union office located at 5444 Atascocita Road, Suite 108, Humble, TX 77346, to be eligible for membership in the credit union.

An application was received from County & Municipal Employees Credit Union, Edinburg, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school or worship within a ten mile radius of the credit union’s office located at 3010 South McColl, Edinburg, Texas 78539, to be eligible for membership in the credit union.

An application was received from Varco Employees Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of National Oilwell Varco, Inc. and its subsidiaries who work in the U.S. and Canada, to be eligible for membership in the credit union.

An application was received from Midland Teachers Credit Union, Midland, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in Midland, Ector, Martin and Glasscock Counties, Texas, to be eligible for membership in the credit union.

An application was received from Educators Credit Union, Waco, Texas to expand its field of membership. The proposal would remove exclusionary language relating to persons who work or reside in McLennan, Coryell, Hill, Bosque, Lampasas and Falls Counties, Texas which protects the field of membership of certain occupational or associational based credit unions in these counties.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200501989

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 18, 2005

Notice of Final Action Taken

In accordance with the provisions of 7 TAC Section 91.103, the Credit Union Department provides notice of the final action taken on the following application(s):

Application(s) to Expand Field of Membership- Vacated

North East Texas Credit Union, Lone Star, Texas (Conditional)- See Texas Register issue dated March 26, 2004.

Application(s) for a Merger or Consolidation- Approved

Baytown Teachers Credit Union (Baytown) and Community Resource Credit Union (Baytown)- See Texas Register issue dated September 24, 2004.

TRD-200501990

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 18, 2005

Texas Commission on Environmental Quality

Notice of Public Hearings on Proposed Revisions to 30 TAC Chapter 115 and the State Implementation Plan Concerning the Beaumont/Port Arthur (BPA) Ozone Nonattainment Area

The Texas Commission on Environmental Quality (commission) will conduct public hearings to receive testimony regarding proposed revisions to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and the state implementation plan (SIP), concerning the Beaumont-Port Arthur (BPA) ozone nonattainment area, under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning SIPs.

The commission proposes a revision to the BPA SIP. This proposed SIP revision would include a reasonably available control technology (RACT) determination, a discussion of clean fleet requirements, a discussion of the marine vessel loading contingency measure, a reasonably available control measure (RACM) analysis, and a new motor vehicle emissions budget (MVEB). (Project Number 2005-020-SIP-NR)

The commission proposes amendments to §§115.167, 115.169, 115.219, 115.427, and 115.429. The proposed amendments would lower exemption levels for batch process operations and shipbuilding and ship repair operations in the BPA area from 100 tons per year to 50 tons per year to reflect the redesignation of the BPA area from moderate to serious for the one-hour ozone standard. The proposed amendments would also delete the contingency measure for control of volatile organic compound emissions from marine terminals in the BPA area. (Rule Project Number 2005-017-115-AI)

Two public hearings on this proposal will be held on June 16, 2005, at 2:00 p.m. and 6:00 p.m. in the Swan Room, at the South East Texas Regional Planning Commission, located at 2210 Eastex Freeway in Beaumont, Texas. The hearings will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearings. Individuals may present oral statements when called upon in order of registration. A time limit may be established at the hearings to assure that enough time is allowed for every interested person to speak. There will be no open discussion during the hearings; however, commission staff members will be available to discuss the proposals 30 minutes before the hearings and will answer questions before and after the hearings.

Persons planning to attend the hearings who have special communication or other accommodation needs, should contact Lola Brown, Office of Legal Services at (512) 239-0348. Requests should be made as far in advance as possible.

Comments may be submitted to Lola Brown, MC 205, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087; faxed to (512) 239-4808; or emailed to siprules@tceq.state.tx.us with Rule Project Number 2005-017-115-AI and/or Project Number 2005-020-SIP-NR in the subject line. All comments should reference Rule Project Number 2005-017-115-AI and/or Project Number 2005-020-SIP-NR. Comments must be received by 5:00 p.m., June 17, 2005. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tnrcc.state.tx.us/oprd/rules/propadop.html . For further information, please contact Teresa Hurley of the Air Quality Planning and Implementation Division at (512) 239-5316 or Kelly Keel of the Air Quality Planning and Implementation Division at (512) 239-3607.

TRD-200501936

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 13, 2005

Notice of Water Quality Applications

The following notices were issued during the period of May 10, 2005 through May 12, 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.

BENTON CITY WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 14265-001, which authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 15,000 gallons per day. The facility will be located approximately 1.0 mile south of the intersection of Farm-to-Market Road 2504 and Farm-to-Market Road 476 in Atascosa County, Texas.

ECTOR COUNTY INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. 13734-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 6,000 gallons per day via 1.25 acres of public access subsurface drainfields. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located adjacent to Murray Fly School on Knox Drive and Westmark Street, west of the City of Odessa in Ector County, Texas.

CITY OF HARLINGEN has applied for a renewal of TPDES Permit No. 10490-002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,100,000 gallons per day. The facility is located at 1102 East Taft, approximately 800 feet southwest of the intersection of 15th Street and Commerce in the City of Harlingen in Cameron County, Texas.

MILITARY HIGHWAY WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 13462-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located approximately 2.5 miles northeast of the intersection of Farm-to-Market Road 1015 and U.S. Highway 281 in Hidalgo County, Texas.

NORTH ALAMO WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 13747-004, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located on an 80-acre tract, approximately 1.5 miles northwest of the intersection of Farm-to-Market Roads 88 and 2812 in Monte Alto in Hidalgo County, Texas.

NUECES BAY WLE, LP which operates the Nueces Bay Power Station, a steam electric generating facility, has applied of TPDES Permit No. WQ0001244000, which authorizes the discharge of once through cooling water and previously monitored effluent (PME) at a daily average flow not to exceed 500,000,000 gallons per day via Outfall 001, and low volume wastewater, metal cleaning waste, and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located at 2002 Navigation Boulevard, one and a half miles west of Corpus Christi Harbor Bridge in the City of Corpus Christi, Nueces County, Texas.

RAILYARD, LTD. has applied for a renewal of TPDES Permit No. 14165-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day. The facility is located approximately 8,500 feet northwest of the intersection of State Highway 21 and Brushy Creek in Hays County, Texas.

CITY OF SAN JUAN has applied for a renewal of TPDES Permit No. 11512-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility is located approximately 1.9 miles south of U.S. Highway 83 Business Route at the south end of the San Antonio Road in the City of San Juan in Hidalgo County, Texas.

UA HOLDINGS 1994-5, L.P. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014580001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility will be located approximately 750 feet west of the intersection of Walden Road and Grand Harbor Boulevard on the north side of Walden Road in Montgomery 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

UNITED STATES DEPARTMENT OF THE NAVY which operates the Naval Weapons Industrial Reserve Plant McGregor, which formerly engaged in the manufacturing of solid propellant rocket motors (activities at the site currently consist of site remediation and closure), has applied for a major amendment to TPDES Permit No. WQ0002335000 to authorize additional discharges of treated groundwater via Outfall 001, a reduction in monitoring frequency and changes to reporting requirements for perchlorate at Outfall 001, and removal of effluent limitations and/or monitoring requirements for total aluminum, chlorides, and total dissolved solids at Outfall 001. The current permit authorizes the discharge of treated groundwater from Area M on an intermittent and flow variable basis. The facility is located at 1701 Bluebonnet Parkway, just west of State Highway 317, bounded on the south by Farm-to-Market Road 2671, and on the north by the St. Louis Southwestern Railway, southwest of the City of McGregor, Coryell and McLennnan Counties, Texas.

VALERO REFINING - TEXAS, L.P. which operates a petroleum refinery, has applied for a renewal of TPDES Permit No. WQ0001909000 with a minor amendment to remove Outfalls 009, 010, 011, 012 and 013 from this permit. The applicant submitted a Notice of Intent for these outfalls to be permitted with the Multi-Sector General Permit TX050000 on October 28, 2004. The existing permit authorizes the discharge of storm water runoff, steam condensate, fire monitor water, and hydrostatic test water via Outfalls 001, 002, 004, 006 and 008, the discharge of treated process wastewater (including chromium containing wastewater), area washdown water, ballast water, and storm water runoff at a daily average flow not to exceed 2,390,000 gallons per day via Outfall 003, the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day via Outfall 005, the discharge of utility wastewaters, storm water runoff and reject water from the Electrodialysis Reversal (EDR) Process at a daily average flow not to exceed 3,300,000 gallons per day via Outfall 007, and the discharge of storm water runoff via Outfalls 009, 010, 011, 012 and 013. The draft permit will authorize the same discharges but not include Outfalls 009, 010, 012 and 013 which will be permitted with the Multi-Sector General Permit TX050000 for storm water discharges associated with industrial activities. The facility is located 5900 Up River Road, at the intersection of Valero Way and Up River Road, in the City of Corpus Christi, Nueces County, Texas.

TRD-200501982

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 18, 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 July 5, 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 July 5, 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: Alamo Concrete Products, Ltd.; DOCKET NUMBER: 2004-1942-WQ-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXG110100, Regulated Entity Number (RN) 100250604; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: ready-mixed concrete plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES General Permit Number TXG110100, and the Code, §26.121(a), by failing to comply with the daily maximum total suspended solids; PENALTY: $3,264; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(2) COMPANY: Alfred Conhagen, Inc. of Texas; DOCKET NUMBER: 2005-0454-WQ-E; IDENTIFIER: RN100608785; LOCATION: La Marque, Galveston County, Texas; TYPE OF FACILITY: metal parts manufacturing; RULE VIOLATED: 30 TAC §281.25(a)(4), 40 Code of Federal Regulations (CFR) §122.26, and the Code, §26.121(a)(1), by failing to obtain an individual TPDES storm water permit or comply with the multi-sector general permit; PENALTY: $2,568; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Avis Rent-A-Car System, Inc.; DOCKET NUMBER: 2005-0299-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 152, RN101765329; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: rental car service; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $640; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(4) COMPANY: Chapman's Grocery, Inc. dba Jiffy Mart #7; DOCKET NUMBER: 2004-1820-PST-E; IDENTIFIER: PST Facility Identification Number 70055, RN101498913; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(5) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2005-0094-AIR-E; IDENTIFIER: Air Account Number HW0013C, RN102320850; LOCATION: Borger, Hutchinson County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.715(a), Air Permit Number 21918, and THSC, §382.085(b), by failing to maintain an emission rate below represented levels; and 30 TAC §101.201(a)(1)(B) and (b)(7) and THSC, §382.085(b), by failing to submit the initial report for incident number 39918 and by failing to identify all compounds known to have been released; PENALTY: $13,090; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(6) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2005-0054-AIR-E; IDENTIFIER: Air Account Number HG0566H, RN102018322; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: THSC, §382.085(a), by failing to prevent unauthorized emissions; PENALTY: $3,160; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: D.B. Western, Inc.; DOCKET NUMBER: 2005-0072-IWD-E; IDENTIFIER: TPDES Permit Number 0004201000, RN100897362; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: organic chemical manufacturing; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(a), by failing to obtain a permit to discharge storm water from a non-process area of the facility; and 30 TAC §§305.125(1), 319.7(c), 319.9(c), and 319.11(a) and (b), and TPDES Permit Number 004201000, by failing to properly collect oil and grease samples, by failing to accurately complete the discharge monitoring reports, by failing to perform the required quality assurance and quality control analysis for the free available chlorine test procedure, by failing to maintain the required pH and temperature monitoring records, and by failing to provide a National Institute of Standards and Technology traceable thermometer; PENALTY: $7,076; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: DGPS Enterprises, Inc. dba Kountry Kwik; DOCKET NUMBER: 2004-2027-PST-E; IDENTIFIER: PST Facility Identification Number 47895, RN100927888; LOCATION: Huffman, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.6(b)(2)(C), by failing to provide written notification prior to initiating a major underground storage tank (UST) construction activity and by failing to confirm the initiation of a proposed UST construction activity; and 30 TAC §334.55(a)(3), by failing to have the removal of a UST conducted by qualified personnel; PENALTY: $3,240; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: City of Goldthwaite; DOCKET NUMBER: 2004-1653-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1670001, RN101409134; LOCATION: Goldthwaite, Mills County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(h)(1)(A), by failing to establish a cross connection program; 30 TAC §290.41(c)(3)(B), by failing to provide a well casing 18 inches above the ground surface; and 30 TAC §290.46(s)(1) and (v), by failing to calibrate all flow measuring devices and rate-of-flow controllers and by failing to install all water system electrical wiring in compliance with a local or national electrical code; PENALTY: $668; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: Groendyke Transport, Inc.; DOCKET NUMBER: 2005-0327-PST-E; IDENTIFIER: RN102407947; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; and 30 TAC §205.6 and the Code, §5.702, by failing to pay general storm water permit fees; PENALTY: $1,920; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Johnson Roofing, Inc.; DOCKET NUMBER: 2005-0029-PST-E; IDENTIFIER: PST Facility Identification Number 70275, RN100645613; LOCATION: Robinson, McLennan County, Texas; TYPE OF FACILITY: roofing installation; RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and (4), by failing to inspect the rectifier and by failing to have the cathodic protection system inspected and tested; 30 TAC §334.50(a)(1)(A), (b)(2), and (d)(1)(B)(iii)(I), and the Code, §26.3475(a), by failing to provide a release detection method capable of detecting a release from any portion of the UST system, by failing to conduct the triennial pipe tightness test, and by failing to take measurements for regulated substance inputs, withdrawals, and amount still remaining in the tank for each operating day; 30 TAC §334.7(d)(3), by failing to submit an amended registration form reflecting the type of piping material used; and 30 TAC §334.75(b), by failing to contain and immediately clean up a spill of any petroleum substance; PENALTY: $4,480; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: Emel G. Rubio dba La Bahia; DOCKET NUMBER: 2004-1507-PWS-E; IDENTIFIER: PWS Number 0880007, RN101213304; LOCATION: Goliad, Goliad County, Texas; TYPE OF FACILITY: non-community public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(F), (3), and (f)(3) and THSC, §341.033(d), by failing to collect at least five routine samples the month following a total coliform positive result, by failing to take bacteriological samples, by failing to collect four repeat samples for each total coliform-positive sample found, and by exceeding the maximum contaminant level for total coliform bacteria; PENALTY: $3,140; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(13) COMPANY: William R. Massey, Ltd. dba Lubrication Service, Inc.; DOCKET NUMBER: 2005-0387-UIC-E; IDENTIFIER: Solid Waste Registration Number 83938, RN100636893; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: industrial machining; RULE VIOLATED: 30 TAC §331.5(a) and the Code, §26.121(a) and §27.011, by allegedly having operated a Class V injection well in a manner which would allow the pollution of an underground source of drinking water; PENALTY: $400; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(14) COMPANY: Mazen, Inc. dba Truck N Travel; DOCKET NUMBER: 2005-0232-PST-E; IDENTIFIER: PST Facility Identification Number 47792, RN101559672; LOCATION: Weatherford, Parker County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,280; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Walid Ak Husein dba McClains Food Store; DOCKET NUMBER: 2005-0330-PST-E; IDENTIFIER: PST Facility Identification Number 4718, RN102031150; LOCATION: Ennis, Ellis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,680; ENFORCEMENT COORDINATOR: Howard Willoughby, (361) 825-3100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Navi Food and Fuel L.L.C. dba Navi Food & Fuel; DOCKET NUMBER: 2003-0194-PST-E; IDENTIFIER: PST Facility Identification Number 0047142, RN102374907; LOCATION: Winnie, Chambers County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily inspections for the Stage II vapor recovery system (VRS) and by failing to conduct monthly inspections of the Stage II VRS components; 30 TAC §115.246(1) and (3) and THSC, §382.085(b), by failing to maintain a copy of the California Air Resources Board Executive Order and by failing to maintain a log for all repair/replacements conducted; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training and instruction in the operation and maintenance of the Stage II VRS; and 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each dispenser; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: City of New Summerfield; DOCKET NUMBER: 2004-1082-MWD-E; IDENTIFIER: TPDES Permit Number 0013585001, RN101918282; LOCATION: New Summerfield, Cherokee County, Texas; TYPE OF FACILITY: domestic wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0013585001, and the Code, §26.121(a), by failing to comply with their permit limits for biochemical oxygen demand; PENALTY: $3,340; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(18) COMPANY: Rohm and Haas Texas, Incorporated; DOCKET NUMBER: 2003-0610-MLM-E; IDENTIFIER: Air Account Number HG-0632-T, Industrial Solid Waste Registration Number 30041, RN100223205; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §117.205(d)(1) and §117.520(c)(1), and THSC, §382.085(b), by failing to have reasonably available control technology installed and by exceeding the regulatory limit of two grams of nitrogen oxides per horsepower hour; 30 TAC §§101.20(1) and (2), 115.352(4), 115.354(2)(B) - (D), 116.115(c), and 335.112(a)(20), Air Permit Numbers 8838 and 29010, 40 CFR §§60.482-2(a)(1), 60.482-7(a), 63.163(b)(1), 63.168(b), 63.173(a)(1), 63.174(b), 265.1054(a), 265.1057(a), 265.1063(b) and (c), and 365.1052(a), and THSC, §382.085(b), by failing to monitor pumps, by failing to monitor agitators, valves, and pumps on a monthly basis and connectors on a yearly basis, and by failing to equip open-ended valves with a cap, blind-flange, or plug; THSC, §382.085(b), by allowing the release of unauthorized emissions; 30 TAC §335.112(a)(20) and 40 CFR §265.1050(c) and §265.1063(b), by failing to mark each piece of equipment in such a manner that it can be distinguished readily from other pieces of equipment and by failing to calibrate the monitoring instruments; and 30 TAC §335.6(c), by failing to make the required updates and corrections to the notice of registration; PENALTY: $87,775; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Rudolph Foods Company, Inc.; DOCKET NUMBER: 2005-0016-AIR-E; IDENTIFIER: Air New Source Registration Number 53816, RN104373402; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: pork rind snack manufacturing; RULE VIOLATED: 30 TAC §111.111(a)(1)(B) and THSC, §382.085(b), by failing to prevent the visible emissions from any vent from exceeding an opacity measuring 20% averaged over a six-minute period; PENALTY: $2,200; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Saint-Gobain Ceramics & Plastics, Inc. dba Saint-Gobain Norpro; DOCKET NUMBER: 2005-0095-AIR-E; IDENTIFIER: Air Account Number BM0026Q, RN100213859; LOCATION: Bryan, Brazos County, Texas; TYPE OF FACILITY: ceramic carriers manufacturing; RULE VIOLATED: 30 TAC §122.121 and §122.130(b) and THSC, §382.054 and §382.085(b), by failing to obtain a federal site operating permit; PENALTY: $2,080; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(21) COMPANY: Spencer Road Public Utility District; DOCKET NUMBER: 2005-0399-MWD-E; IDENTIFIER: TPDES Permit Number 11472-001, RN102097508; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11472-001, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for ammonia; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Sunoco, Inc. (R&M); DOCKET NUMBER: 2005-0188-AIR-E; IDENTIFIER: Air Account Number HG0825G, RN102888328; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Number 5572B, and THSC, §382.085(b), by failing to limit emissions from the C-Flare; PENALTY: $2,780; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: Texas H&M Inc. dba FM Deli Beer & Wine; DOCKET NUMBER: 2004-2126-PST-E; IDENTIFIER: PST Facility Identification Number 16028, RN101751824; LOCATION: Flower Mound, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor for releases; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; and 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; PENALTY: $7,490; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: Three Vision II, Inc. dba Park Place Foods; DOCKET NUMBER: 2005-0244-PST-E; IDENTIFIER: PST Facility Identification Number 73844, RN103051918; LOCATION: Manor, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,680; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(25) COMPANY: Antonio Morales dba Tony's Gas For Less; DOCKET NUMBER: 2004-0852-PST-E; IDENTIFIER: PST Facility Identification Number 5524, RN102008760; LOCATION: Sierra Blanca, Hudspeth 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; 30 TAC §334.48(c), by failing to conduct inventory control; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor for releases; 30 TAC §334.127(a)(1) and (d)(3) and the Code, §26.346(a), by failing to timely submit an updated UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate; and 30 TAC §334.55(b), by failing to remove a UST from the ground in accordance with agency rules; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

TRD-200501968

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 17, 2005

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200501974

Cathy Campbell

General Counsel

Department of State Health Services

Filed: May 17, 2005

Notice of Agreed Order with HVJ Associates, Inc.

On May 11, 2005, the Radiation Program Officer, Department of State Health Services (department), approved the settlement agreement between the department and HVJ Associates, Inc. (licensee-L03813) of Houston. A total administrative penalty in the amount of $1,000 was assessed the licensee for 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-200501942

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: May 13, 2005

Notice of Amendment Number 34 to the Radioactive Material License of Waste Control Specialists, LLC

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

Amendment number 34 modifies License Condition 19.C to provide additional clarification that existing authorizations for possession of transuranic waste in concentrations exceeding 100 nanocuries per gram, is limited to that generated by the United States Department of Energy (DOE).

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

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

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

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

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

TRD-200501943

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: May 13, 2005

Texas Health and Human Services Commission

Public Notice

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number TX 05-001, Amendment Number 698, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

Amendment Number 698 provides for Upper Payment Limits (UPL) payments for inpatient and outpatient services providers by non-publicly owned hospitals in Webb, Montgomery, Hidalgo, Bexar, Potter, Randall, and Midland counties for services provided to Medicaid patients. The supplemental payments shall not exceed the difference between total annual Medicaid payments and the federal upper payment limits established in 42 CFR 447.272. As a result, the State seeks to ensure that Medicaid payments are commensurate with Medicare payments and/or payment principles.

The proposed amendment is to be effective May 28, 2005, and is expected to increase the amount of federal matching funds to the State. The proposed amendment is estimated to result in increased annual aggregate expenditures of $33,687,741 with increased federal matching funds of $20,505,728 for State fiscal year 2005, and $128,083,600 with increased federal matching funds of $77,695,511 for State fiscal year 2006.

If additional information is needed, please contact Arnulfo Gomez by telephone at (512) 491-1166 or by e-mail at arnulfo.gomez@hhsc.state.tx.us.

TRD-200501944

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 13, 2005

Texas Health Reinsurance System

Texas Health Reinsurance System Board of Directors' Meeting James L. Nelson, Chairman

June 8, 2005

8:30 A.M.

Location: 333 Guadalupe, Hobby One, Room 1264

AGENDA

1. Call to Order.

2. Review and vote on minutes of the last Board meeting.

3. Participation by the Public (At this time, the public will be invited to address the Board of Directors on any matter not listed on this Agenda).

4. Discussion and/or action on retention of legal counsel for the Texas Health Reinsurance System.

5. Presentation of, and discussion and/or action on, the Report of the Administrator of the Texas Health Reinsurance System.

6. Discussion of and possible action on Adjustment/Trend Factors effective 8/1/05 through 7/31/06.

7. Reports from Standing or Special Committees.

8. Discussion and/or action on expenditures of the System, including directors' and officers' insurance coverage.

9. Discussion and/or action on the Commissioner's request for the Board's response to his questions posed to the Board in a letter dated May 16, 2005, concerning the true up of the System's assessments adopted by the Board on November 11, 2004.

10. Reconsideration of the Board's November 11, 2004 decision concerning true up of the System's assessments, as requested by reinsured carriers.

11. Discussion and/or action on SUBPOENA REQUIRING PRODUCTION OF DOCUMENTS served on the Texas Health Reinsurance System in the case of Humana Insurance Company v. Texas Health Insurance Risk Pool.

12. Discussion and/or action on assessment of carriers by the System.

13. Executive Session. The Board may convene in executive session under Government Code §551.071 and §551.079 for the purpose of consulting with counsel about the possibility of litigation with reinsured carriers other possible actions. The board may take action on any of the matters discussed when it reconvenes in open session.

14. Report of Compliance Review results obtained from selected reinsured carriers for calendar 2004.

15. Presentation of a legislative update concerning activity of the 79th Legislature affecting or of interest to the System and Board.

16. The Board will take up for discussion and/or action on, the following matters concerning the THRS Plan of Operation.

A. Periodic specific review of System performance in support of Chapter 1501, Subchapter G, and identification of areas indicating consideration for action.

B. Ongoing review of internal controls present in the Plan of Operation to assure that reinsured carriers are complying with the provisions of §1501.317 concerning application of managed care procedures and also complying with any Plan of Operation provisions addressing that subject matter.

C. Systematic and scheduled review, for appropriate action, of

(1) rates for reinsurance coverages,

(2) the benefit plan design (with specific focus on appropriate loss control and the System's 5% limit on the ratio of annual net losses to small employer health plan premiums),

(3) possible internal controls to assure validity of ceding of lives to the System, and

(4) all communication programs with reinsured carriers to assure ongoing sufficient notice and disclosure to such carriers about System operations.

D. Review for adjustment as needed, the initial level of benefits and maximum liability limit to be retained by reinsured carriers to reflect increases in both costs and utilization for small employer health benefit plans in Texas

17. Review and discussion and/or action on a plan to review the administrative services contract items at scheduled intervals, including present contract provisions, to identify for timely action the revision or incorporation of specific standards for performance which are sufficient to meet ongoing needs of the Board in fulfillment of its duties.

18. Review and discussion and/or action on targeted strategies and tactics for Plan of Operation refinement to enhance overall operational efficiency, including timetables for completion of particular strategies.

19. Discussion and/or action on membership of the Committees of the Board.

20. Consideration of any further business including next meeting of the Board.

21. Adjournment.

TRD-200501993

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Health Reinsurance System

Filed: May 18, 2005

Texas Department of Insurance

Company Licensing

Application to change the name of UBS PAINEWEBBER LIFE INSURANCE COMPANY to UBS LIFE INSURANCE COMPANY USA, a foreign life, accident and/or health company. The home office is in San Francisco, California.

Application for incorporation to the State of Texas by CENPATICO BEHAVIORAL HEALTH OF TEXAS, INC., a domestic Health Maintenance Organization. The home office is in Austin, Texas.

Application for EL PASO FIRST HEALTH PLANS, INC., to use the assumed name PREMIER ADVANTAGE PLAN a domestic Health Maintenance Organization. The home office is in El Paso, Texas.

Application for EL PASO FIRST HEALTH PLANS, INC., to use the assumed name JUST FOR KIDS a domestic Health Maintenance Organization. The home office is in El Paso, Texas.

Application for EL PASO FIRST HEALTH PLANS, INC., to use the assumed name THOMASON PREFERRED a domestic Health Maintenance Organization. The home office is in El Paso, Texas.

Application for EL PASO FIRST HEALTH PLANS, INC., to use the assumed name EPF GROUP HEALTH a domestic Health Maintenance Organization. The home office is in El Paso, 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-200501983

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: May 18, 2005

Texas Lottery Commission

Instant Game Number 566 "Weekly Grand"

1.0 Name and Style of Game.

A. The name of Instant Game No. 566 is "WEEKLY GRAND". The play style for Game 1 is "yours beats theirs"; the play style for Game 2 is "key symbol match"; and the play style for Game 3 is "key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 566 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 566.

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

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

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

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

Figure 1: GAME NO. 566 - 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. 566 - 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 $2.00, $4.00, $5.00, $10.00 or $20.00.

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

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

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (566), 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: 566-0000001-001.

L. Pack - A pack of 'WEEKLY GRAND" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 001 and 002 will be on the top page; tickets 003 and 004 on the next page; etc.; and tickets 249 and 250 will be on the last page. Please note the books will be in a A - B configuration.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery 'WEEKLY GRAND" Instant Game No. 566 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "WEEKLY GRAND" Instant Game is determined once the latex on the ticket is scratched off to expose 15 (fifteen) play symbols. In Game 1, if the player's YOUR NUMBER beats THEIR NUMBER, in any one row across, the player will win the prize for that row. If the player reveals the GRAND symbol, the player will win $1,000 per week for 20 years. In Game 2, if the player matches 3 identical amounts, the player will win that amount. If the player reveals 3 GRAND symbols, the player will win $1,000 per week for 20 years. In Game 3, if the player matches 2 out of 3 symbols, the player will win $20 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 15 (fifteen) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

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

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

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

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

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

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

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

2.3 Procedure for Claiming Prizes.

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

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

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

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

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

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

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

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

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

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

3. delinquent in reimbursing the Texas 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 'WEEKLY GRAND" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

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

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

2.8 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 35,040,000 tickets in the Instant Game No. 566. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 566 - 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. 566 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. 566, 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-200501950

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 16, 2005

Instant Game Number 585 "$300,000 Mega Money"

1.0 Name and Style of Game.

A. The name of Instant Game No. 585 is "$300,000 MEGA MONEY". The play style for game 1 is "key number match". The play style for game 2 is match up with prize legend. The play style for game 3 is "key number match with multiplier".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 585 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 585.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $30.00, $60.00, $100, $300, $3,000, $30,000, $300,000, BELL SYMBOL, DIAMOND SYMBOL, GOLD BAR SYMBOL, DOLLAR BILL SYMBOL, MONEY BAG SYMBOL, COIN SYMBOL, HORSE SHOE SYMBOL, STAR SYMBOL, CLOVER SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 10X SYMBOL.

Figure 1: GAME NO. 585 - 1.2D

Figure 2: GAME NO. 585 - 1.2E

G. Low-Tier Prize - A prize of $10.00, $15.00 or $20.00.

H. Mid-Tier Prize - A prize of $30.00, $60.00, $100 or $300.

I. High-Tier Prize - A prize of $3,000, $30,000 or $300,000.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (585), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 585-0000001-001.

L. Pack - A pack of "$300,000 MEGA MONEY" Instant Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 050 will be exposed on one side of the pack and ticket front 001 on the other side.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$300,000 MEGA MONEY" Instant Game No. 585 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 "$300,000 MEGA MONEY" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. In Game 1, if the player matches any of the YOUR AMOUNTS play symbols to the LUCKY AMOUNT play symbol, the player wins prize indicated for that game. In Game 2, if the player reveals 3 (three) identical play symbols in a horizontal line in the same play the player wins prize indicated in prize legend. In Game 3, if the player matches any of the YOUR NUMBERS play symbols to either of the WINNING NUMBERS play symbols, the player wins prize shown for that number. If a player reveals a 10X play symbol the player wins 10 times the prize indicated instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 45 (forty-five) 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 45 (forty-five) 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;

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

16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 45 (forty-five) 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.

2.2 Programmed Game Parameters.

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

B. Game 1: No duplicate non-winning symbols in this game.

C. Game 2: No duplicate non-winning plays in any order.

D. Game 2: There will be no three like non-winning play symbols in a horizontal row which consists of two plays.

E. Game 3: No duplicate Winning Numbers play symbols on a ticket.

F. Game 3: No 3 or more like non-winning prize symbols on a ticket.

G. Game 3: The "10X" symbol will only appear on winning tickets as dictated by the prize structure.

H. Game 3: No duplicate non-winning Your Number play symbols on a ticket.

I. Game 3: No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "$300,000 MEGA MONEY" Instant Game prize of $10.00, $15.00, $20.00, $30.00, $60.00, $100 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $60.00, $100 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$300,000 MEGA MONEY" Instant Game prize of $3,000, $30,000 or $300,000, 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 "$300,000 MEGA MONEY" 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.