TITLE in-addition

Texas Department of Agriculture

Request for Proposals: Enology and Viticulture Research and Education Grant Program

Statement of Purpose of Grant. In accordance with Texas Agriculture Code, Chapter 50B and Texas Alcoholic Beverage Code, Section 205.03, enacted by Senate Bill 1370, Senate Bill 1137 and House Bill 1, Article IX, Sec. 14.49, 79th Legislature, Regular Session, 2005, the Texas Department of Agriculture (TDA) seeks to fund grant proposals for enology and viticulture research and education. The project amounts that are specified herein by funding area, provide funding in the amount of up to $613,000 per year for state fiscal years 2006 and 2007.

Eligibility. The grant funds may be awarded to public or private entities, including institutions of higher education and governmental research entities. Joint efforts between eligible entities will be considered, and a project proposal may include a request for funding of a project to be conducted by more than one entity.

Objectives and Criteria.

1. The proposals must reflect the following objective:

Projects funded must be dedicated to education and/or conducting research in the areas of enology and viticulture to support the continued growth of the grape and wine industry.

2. Criteria that will be used in evaluating the proposal include:

a. the extent to which the proposal benefits and supports the growth of the wine grape and wine industry;

b. the extent to which the proposal contributes to a coordinated effort to address issues faced by the wine grape and wine industry, including the need for more educational and research opportunities in enology and viticulture, and increases the economic impact of the wine industry;

c. the ability of the applicant institution to sustain an enology and/or viticulture program; and

d. detail and reasonableness of project budget submitted, including justification for proposed line item expenditures.

Funding Areas.

TDA and the Wine Industry Development Advisory Committee have jointly identified the following project areas and applicable maximum funding amounts for submission of proposals. A separate proposal must be submitted for each project, however, joint project proposals will be considered.

1. Education.

a. Viticulture Outreach.

Funding amount per fiscal year: up to $235,000

For funding of regionally-based viticulture education personnel and operations to work closely with vineyards and prospective grape growers to implement on-farm research projects, contribute to the development of best management practice recommendations, plan and deliver field days, participate in educational seminars, and assist with courses offered through the viticulture and enology certificate program.

b. Enology Outreach.

Funding amount per fiscal year: up to $20,000

For funding of an Enology Program Specialist to work with wineries to implement applied research and demonstration projects. The Specialist will also contribute to the development of best management practice recommendations, participate in educational seminars, and assist with courses offered through the viticulture and enology certificate program.

c. Viticulture and Enology Outreach Media Development.

Funding amount per fiscal year: up to $25,000

For funding of an entity to work collaboratively with viticulture and enology researchers to disseminate research and enhance the adoption of recommended practices including those that are the result of the projects funded under this Request for Proposals (RFP). Dissemination of the project findings/results should be by the internet, other electronic media, and in print.

d. Viticulture & Enology Certificate Program.

Funding amount per fiscal year: up to $45,000

Funding for the development and delivery/implementation of a viticulture and enology certificate program to provide professional-level training for new producers and continuing education for experienced producers.

2. Research.

a. Viticulture Research.

Funding amount per fiscal year: up to $118,000

Funding for a viticulture research program to intensively study grapevine physiology, evaluate grape varieties and rootstock, and identify best management practices.

b. Enology Research.

Funding amount per fiscal year: up to $170,000

Funding for enology research programs, including the establishment of fruit processing and laboratory facilities for the production of experimental wines, wine sensory evaluation and chemical analysis.

Proposal Limitations.

Proposals may not exceed 2 years. Second year funding will be contingent upon the availability of funds and the review of accomplishments with first year funding. If funding becomes unavailable during the project term and TDA is unable to obtain sufficient funds, the project amount may be reduced or terminated.

Proposal/Funding Revisions.

TDA reserves the right to fund proposals partially or fully. Where more than one proposal is acceptable for funding, TDA may request cooperation between grantees or revision/adjustment to a proposal in order to avoid duplication and to realize the maximum benefit to the state.

Eligible Expenses. Expenses that are necessary and reasonable for proper and efficient performance and administration of a project are eligible; however, these expenses must be properly documented with sufficient backup detail, including copies of paid invoices. Examples of eligible expenditures are:

1. Travel - domestic only;

2. Equipment - nonexpendable, tangible personal property that has a useful life of more than one year and costs $5,000 or more;

3. Supplies and direct operating expenses - equipment that costs less than $5,000, research and office supplies, postage, telecommunications, printing, etc.; and

4. Indirect costs - no more than 10%.

Ineligible Expenses. Expenses that are prohibited by state or federal law are ineligible. Refer to the Uniform Grant Management Standards for more detailed information. http://www.governor.state.tx.us/divisions/stategrants/guidelines/files/UGMS062004.doc.

The following are some examples of these ineligible expenses:

1. Alcoholic beverages;

2. Entertainment;

3. Contributions - charitable or political;

4. Expenses falling outside of the project grant agreement period;

5. Expenditures not specifically listed in the project budget; and

6. Expenses that are not adequately documented.

Submission Requirements. Each proposal may not exceed fifteen (15) pages and must include the following information:

1. A cover sheet with names, titles, addresses, telephone and fax numbers, and email addresses of the principal researchers. Indicate who is designated as the lead point of contact;

2. A proposal summary, not exceed to exceed one page. Include a statement about how the proposal benefits the wine grape and wine industry;

3. Identification of the key personnel to be funded and/or involved in operations funded. Include information on their experience, such as a brief professional biography and statement academic background and how these relate to the project, or part of the project, with which that key personnel will be associated ;

4. Performance objectives;

5. A work plan;

6. A detailed description of the anticipated beneficial impact on the wine and grape industry; and

7. A detailed project budget outlining anticipated expenses including but not limited to: travel, supplies, and equipment costs along with justification for proposed line item expenditures.

Reporting Requirements. Operations approved for funding are required to submit the following reports:

1. Project reports on a quarterly basis from one to three pages in length detailing accomplishment of project objectives for the time periods specified in the award document;

2. A final compliance project report due either upon completion of the project or thirty (30) days after the termination of the contract. The final report shall be submitted in a hard copy format and an electronic format utilizing Word. The final report shall contain:

a. A project summary -history of the project, its objectives, importance, effort, results, and commercial applications of the project;

b. A description of the successes, challenges, and any limitations of the program;

c. Technical and economic content - overall background of the project and the part (if any) that research plays in providing results, discussion of the technical, social and other benefits to the local community and to Texas, discussion of the economics of the project, including direct impact on local communities (jobs) and/or indirect impact (related businesses), and commercialization of the project; and

d. A description of future plans, including how the project will continue after the grant is expended and how additional funding might address expansion efforts; and

3. Budget reports on a quarterly basis for the time periods specified in the award document that details the grant award spent to date; and

4. A final budget report due forty-five (45) days after the completion of the project or the termination of the project grant agreement.

General Compliance Information.

1. All grant awards are subject to the availability of appropriations and authorizations by the Texas Legislature.

2. Any information or documentation submitted to TDA as part of the project grant agreement is subject to disclosure under the Texas Public Information Act.

3. Awarded grant projects must remain in full compliance with state and federal laws and regulations or be subject to termination at the discretion of TDA.

4. Upon grant award, TDA and the Texas State Auditor's Office shall have access to and the right to examine all books, accounts, records, files and other papers or property belonging to or in use by the grantee and pertaining to the grant award. Additionally, these records must remain available and accessible no less than three (3) years after the termination of the grant project agreement.

5. In any year in which a financial audit is conducted, a copy must be submitted to TDA, including the audit transmittal letter, management letter, and any schedules in which the grantee's funds are included.

6. Grant awards shall comply in all respects with the Uniform Grant Management Standards (UGMS). Upon grant award, grantees will be provided a copy or it may be downloaded from http://www.governor.state.tx.us/divisions/stategrants/guidelines/files/UGMS062004.doc.

Deadline and Submission Information. Proposals should be submitted to Brian Murray, Special Assistant for Producer Relations, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. The street address is 1700 North Congress, 11th Floor, Austin, Texas 78701.

Proposals must be received no later than 5:00 p.m. on March 3, 2006. One original and seven (7) copies must be submitted. Fax copies will not be accepted.

Please contact Brian Murray at (512) 463-7553 or by email at brian.murray@agr.state.tx.us with any questions you may have.

Evaluation and Award Information. All proposals will be subject to evaluation based on the criteria set forth in this RFP. TDA shall not pay for any costs incurred by any entity in responding to this RFP. TDA reserves the right to accept or reject any or all proposals submitted. TDA is under no legal or other obligation to award a grant on the basis of this RFP or any other RFP. The Commissioner will make final funding decisions.

Texas Public Information Act. All proposals shall be deemed, once submitted, to be the property of the TDA and are subject to the Texas Public Information Act, Texas Government Code, Chapter 552.

TRD-200600408

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: January 25, 2006


Office of the Attorney General

Texas Health and Safety 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 Health and Safety Code. Before the State may settle a judicial enforcement action under the Health and Safety 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. Lakeview Developers, Inc. , Cause No. GV103641; in the 353rd Judicial District Court, Travis County, Texas.

Nature of Defendant's Operations: Defendant was the owner and operator of a public water system serving residents in Ellis County, Texas. Defendant entered an Agreed Order with the TCEQ, in which the Defendant agreed to operate the system in compliance with all applicable rules and statutes. Later investigations of the Defendant’s water system revealed that the Defendant had not complied with the rules and statutes and continued to operate the water system in violation of TCEQ rules. The lawsuit was brought to enforce the Agreed Order, and assess civil penalties against the Defendant. Since the inception of the lawsuit, the Defendant has sold the water system and the TCEQ has approved the sale and transfer of the system to another utilities management firm. The Defendant has agreed to this judgment.

Proposed Agreed Judgment: The Agreed Final Judgment assesses civil penalties against the Defendant. Defendant has agreed to pay Plaintiff a civil penalty in the amount of $20,000.00, as well as $7,800.00 in attorney’s fees, plus all court costs.

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 Lisa Sanders Richardson, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.

TRD-200600407

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: January 25, 2006


Texas Building and Procurement Commission

Request for Proposals

The Texas Building and Procurement Commission (TBPC), on behalf of the Department of Family and Protective Services, announces the issuance of Request for Proposals (RFP) #303-6-10143A . TBPC seeks a ten (10) year lease of approximately 6,979 square feet of office space in Kaufman, Kaufman County, Texas.

The deadline for questions is February 7, 2006; and the deadline for proposals is February 14, 2006 at 3:00 P.M. The award date is March 6, 2006. 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 an 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 Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=62864.

TRD-200600402

Ingrid K. Hansen

General Counsel

Texas Building and Procurement Commission

Filed: January 25, 2006


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of January 13, 2005, through January 19, 2006. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on January 25, 2006. The public comment period for these projects will close at 5:00 p.m. on February 24, 2006.

FEDERAL AGENCY ACTIONS:

Applicant: Port Arthur LNG, LP. ; Port Arthur Pipeline, LP ; Location: The project site is located in waters of the United States, including wetlands, in Orange and Jefferson Counties, Texas, and Cameron, Calcasieu, and Beauregard Parishes, Louisiana. Specifically, the terminal facility is located in and along the Port Arthur Canal, on the west side of Sabine Lake, south of Port Arthur, in Jefferson County, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 407633; Northing: 3295911. A 36-inch, 70-mile-long pipeline will begin at the terminal facility and will terminate at an existing tie-in located in Beauregard Parish, Louisiana. Approximate UTM Coordinates: Zone 15; Easting: 478116; Northing: 3366776. Another 36-inch pipeline will extend from the terminal to an existing pipeline three miles to the south. Approximate UTM Coordinates: Zone 15; Easting: 409402; Northing: 3292264. Project Description: This notice reflects a proposed mitigation plan that is intended to compensate for impacts associated with the Port Arthur Liquefied Natural Gas (LNG) project that was originally coordinated via public notice on 12 September 2005. Construction of the proposed LNG terminal facility will permanently impact 82.5 acres of wetlands, including 25 acres of emergent wetland habitat, 50.1 acres of tallow-dominated forested wetlands, 6.5 acres of forested scrub-shrub wetlands, and 0.9 acre of non-forested scrub-shrub wetland habitat. In addition, use of an existing dredge material placement area (see original public notice) for disposal for dredging the facility's basin and turn-around will result in impacts to approximately 589 acres of palustrine emergent wetland habitat. Additional work associated with re-routing an existing highway will affect 8.8 acres of tallow infested forested wetlands and 36.4 acres of non-forested wetlands. Of this acreage, 16.5 acres of wetlands will be permanently impacted. The remaining acreage will be allowed to revegetate naturally. A 140-foot-wide relocated pipeline corridor will affect an additional 10.3 acres of low quality forested wetlands and 42.4 acres of non-forested wetland habitat. As a result of the pipeline relocation, 10.3 acres of currently forested wetland habitat will be permanently converted to emergent marsh habitat. The remaining acreage will be allowed to revegetate naturally. A 3-mile-long, 36-inch-diamter natural gas pipeline will originate within the proposed LNG terminal facility and proceed to the south crossing of Keith Lake to a tie-in point with an existing pipeline. Construction of the 3-mile natural gas pipeline (temporary construction right-of-way and temporary workspaces) from the terminal to the tie-in will result in temporary impacts to 28.7 acres of wetlands, including 6 acres of tidally influenced emergent wetlands, 11.3 acres of non-tidal emergent wetlands, 3.6 acres of scrub-shrub wetlands, and 7.8 acres of tallow-infested forested wetlands. A separate 70-mile-long pipeline will impact a total of 279.8 acres of wetlands. Of this, 24.7 acres are forested wetlands, 164.8 acres are tidally influenced estuarine wetlands, 54 acres are fresh water emergent wetlands, and 36.1 acres are scrub-shrub wetlands. CCC Project No.: 06-0138-F1; Type of Application: U.S.A.C.E. permit application #23734Rev is being evaluated under §10 of the Rivers and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Michael Moore ; Location: The project is located at along Lots A, B and C, and Lot 1, Block 104, in the Modern Venice Subdivision between Rhode Island Avenue and North Shore Drive in Port Isabel, Cameron County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Isabel, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 677850; Northing: 2885250. Project Description: The applicant proposes to construct a bulkhead, conduct mechanical dredging, and build 17 boat slips in an existing residential canal. The proposed bulkhead would be constructed of either concrete or vinyl and would have a total length of 428 feet. The proposed dredging would extend along 331 feet of canal shoreline to restore a depth of -5 feet mean high tide and would result in the removal of 1,720 cubic yards of material. Dredged material would be used to backfill the area behind the proposed bulkhead, which would be installed prior to dredging operations. The boat slips would be built in the dredged area. Ten slips would be oriented perpendicular to the bulkhead and would measure 7.7 feet wide by 20 feet long and would be separated by ten 2-foot-wide by 20-foot-long walkways. Four slips adjacent to the northeast side of these slips would be oriented parallel to the bulkhead and would measure 12 feet wide by 34 feet long. These slips would be separated by four 2- by 12-foot walkways. An additional three slips would be constructed northeast of these slips in an inset of the proposed bulkhead. Each slip would be 8.6 by 20 feet in size and would be separated by two 2- by 20-foot walkways. CCC Project No.: 06-0139-F1; Type of Application: U.S.A.C.E. permit application #24016 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Texas Parks and Wildlife Department ; Location: The project is located in State waters approximately 8 statute or 7 nautical miles from the Port Mansfield Jetties in the Gulf of Mexico, South Padre Island, Block 1047, offshore Willacy County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Mansfield, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 683753; Northing: 2935009. Project Description: The applicant proposes to construct an artificial reef in the Gulf of Mexico in South Padre Island, Block 1047. The artificial reef will be constructed of approved artificial reef materials per Texas Parks and Wildlife's Artificial Reef Plan. Reef materials may include using obsolete oil and gas production structures, obsolete or surplus vessels and other stable and durable land based materials. All floatable materials would be removed prior to placement. All tanks, compartments and enclosures would be permanently opened to provide water circulation and cleaned to EPA standards prior to placement. The approved materials would be placed within the confines of a designated 2,640- by 2,640-foot area. A minimum clearance of 50 feet, at mean low water, will be maintained above each structure. All activity associated with placement of artificial reef materials will be done in a manner so as not to interfere with current and future lease holders. CCC Project No.: 06-0142-F1; Type of Application: U.S.A.C.E. permit application #24052 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

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-200600400

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: January 25, 2006


Comptroller of Public Accounts

Notice of Contract Award

Pursuant to Chapter 2254, Subchapter A and Chapter 403, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of contract award in connection with the Request for Proposals (RFP #175b) to prepare Comptroller's data processing Statewide Cost Allocation Plan (SWCAP) and update.

Comptroller announces that the contract was awarded to Maximus, Inc., 2226 West Northern Avenue, Suite C207, Phoenix, Arizona 85021. The total amount of the contract is not to exceed $36,460.00 per annum. The total aggregate amount of this contract for all four years shall not exceed $145,840.00. The term of the contract is January 19, 2006 through August 31, 2009.

The notice of request for proposals (RFP #175b) was published in the November 4, 2005, issue of the Texas Register (30 TexReg 7272).

TRD-200600338

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 20, 2006


Notice of Request for Proposals

Pursuant to Chapters 403, 2155, and 2156, Sections 2155.001 and 2156.121, Texas Government Code and Chapter 2305, Section 2305.038, Texas Government Code, the Comptroller of Public Accounts (Comptroller), State Energy Conservation Office (SECO), announces the issuance of its Request for Proposals (RFP #175g) from qualified, independent firms and institutions to provide Energy Education Outreach Services (Services). One or more successful respondents will assist Comptroller in conducting energy education outreach and related services, as directed by Comptroller. Comptroller reserves the right to award one or more contracts under this RFP. The successful respondent(s), if any, will be expected to begin performance of the contract(s), if any, awarded under this RFP on or about March 30, 2006.

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 (Issuing Office), telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on or after Friday, February 3, 2006, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller will also make the complete RFP available electronically on the Texas Marketplace on or after Friday, February 3, 2006, 10:00 a.m. (CZT).

All written inquiries, questions, and Non-Mandatory Letters of Intent to propose must be received in the Issuing Office prior to 2 p.m. (CZT) on Friday, February 17, 2006. Prospective respondents are encouraged to fax Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The responses to questions and other information pertaining to this procurement will be posted on February 23, 2006, or as soon thereafter as practical, on the Texas Marketplace at: http://www.marketplace.state.tx.us. Questions and inquiries received after the deadline will not be considered; respondents are solely responsible for verifying timely receipt in the Issuing Office of Letters of Intent and Questions.

Closing Date: Proposals must be received in the Issuing Office at the location specified above no later than 2 p.m. (CZT), on Friday, March 3, 2006. Proposals received in the Issuing Office after this time and date will not be considered; respondents are solely responsible for verifying timely receipt of Proposals in the Issuing Office.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Comptroller shall pay for no costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - February 3, 2006; Non-Mandatory Letters of Intent and Questions Due - February 17, 2006, 2 p.m. CZT; Official Questions and Responses posted - February 23, 2006 (or as soon thereafter as practical); Proposals Due - March 3, 2006, 2 p.m. CZT; Contract Execution - March 30, 2006, or as soon thereafter as practical; Commencement of Project Activities - March 30, 2006.

TRD-200600401

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: January 25, 2006


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 §§303.003, 303.009, and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of January 23, 2006 - January 29, 2006 is 18% for Consumer1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of January 23, 2006 - January 29, 2006 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of February 1, 2006 - February 28, 2006 is 7.25% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by §304.003 for the period of February 1, 2006 - February 28, 2006 is 7.25% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200600274

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 18, 2006


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 §303.003 and §303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of January 30, 2006 - February 5, 2006 is 18% for Consumer1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of January 30, 2006 - February 5, 2006 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.

TRD-200600366

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 23, 2006


East Texas Council of Governments

Request for Qualifications Soliciting Training for Staff and Policy Board Members

This Request for Qualifications (RFQ) to trainers/presenters is filed under the provisions of the Government Code, Chapter 2254.

Notice is given that the East Texas Council of Governments (ETCOG), as the administrative unit for the East Texas Workforce Development Board, is soliciting information, in the form of this RFQ, for the provision of training and keynote speaker services for staff, board members, youth professionals, and youth. We desire to receive information on the services you provide and available dates to provide them. It is our intent to produce a list of trainers and keynote speakers and the services they can provide for possible dates in the time period specified.

Interested parties should contact: Gary Allen, Section Chief, Planning/Board Support, East Texas Council of Governments, (903) 984-8641, Extension #227. If Mr. Allen is unavailable, you may speak with Sally Batchelor, Regional Planner II. Requests for the Request for Qualifications should be sent to: East Texas Council of Governments, 3800 Stone Road, Kilgore, TX 75662, Attention: Gary Allen, Fax: (903) 983-1440, e-mail: gary.allen@twc.state.tx.us.

The closing date for the receipt of responses to the RFQ is 5:00 p.m. Central Standard Time, February 21, 2006.

The ETCOG Executive Committee will be responsible for contract authorization.

TRD-200600357

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: January 23, 2006


Texas Education Agency

Request for Applications Concerning High Schools That Work (HSTW) Enhanced Design Network Grants

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-06-006 from eligible school districts or open-enrollment charter schools. An eligible school district or open-enrollment charter school shall include (1) a campus serving students in Grades 9-12 (A campus serving Grade 9 or Grades 9-10 may combine with a senior high school campus to submit one application on behalf of both campuses.); (2) a campus that is not a recipient of a Texas High School Redesign and Restructuring Grant, Cycle 1 or Cycle 2, a Comprehensive School Reform (CSR)--Texas High School Initiative grant, or a redesign grant from the Communities Foundation of Texas or the Bill and Melinda Gates Foundation; and (3) a campus either (a) within a district with a Stage 3 or Stage 4 intervention level for Career and Technology Education under the 2005-2006 TEA Performance-Based Monitoring System; or (b) with a rating of Academically Unacceptable in 2005 under the Texas Accountability Rating System; or (c) that participated as a member of the HSTW statewide network during the 2005-2006 school year.

A school district or open-enrollment charter school applying for this grant must be financially viable as determined through fiscal review by the TEA Division of Financial Audits. Additionally, to maintain eligibility for this grant, both the school district or open-enrollment charter school and the campus under the school district or open-enrollment charter school must be in compliance with all intervention requirements as established by the TEA Division of Program Monitoring and Interventions. An open-enrollment charter high school campus shall become ineligible for grant funding (or if a campus has applied for and received funding for this grant, will have its grant funding placed on hold) if the commissioner of education notifies the campus' charter holder of the commissioner's intent to revoke or non-renew such charter under Texas Education Code (TEC), Chapter 12, or to close the campus under TEC, Chapter 39, for any of the reasons set forth in either statutory provision. If the commissioner of education ultimately revokes or denies renewal of an open-enrollment charter or closes a campus that has been awarded funds under this grant program, grant funding shall be discontinued.

Description. The purpose of the High Schools That Work (HSTW) Enhanced Design Network is to support under-performing high schools in the use of the HSTW school improvement design as a framework to improve academic and career/technology instruction and overall student achievement. The primary goal of this grant program is for high schools to implement the following HSTW key design principles: (1) a challenging curriculum for all high schools students, including four credits of math, four credits in a career/technology concentration, and four credits in an academic concentration, with at least one of those credits being Advanced Placement (AP), International Baccalaureate (IB), or dual credit; (2) schoolwide literacy goals across the curriculum; (3) intervention strategies for equipping under-prepared students for challenging high school work; (4) programs to reduce the failure rate at ninth grade; and (5) links to postsecondary. Applicants will be required to demonstrate how school district resources, including in-kind resources, will be dedicated toward the project; how the campus will utilize the HSTW school improvement consultants and incorporate identified professional development into their campus improvement plans; and how the program will be sustained using other funding sources, including federal, state, local, or private funds, beyond the life of the project period.

HSTW Mentor High Schools Program. Five high school campuses will be eligible to serve as mentor schools as part of the High Schools That Work (HSTW) Enhanced Design Network. The purpose of the HSTW Mentor High Schools program is to create a group of high schools that can provide resources and guidance, host site visits, and model best practices in the implementation of the HSTW key design principles. A list of high schools identified by the Southern Regional Education Board as high-implementers of the HSTW design will be included in the RFA, and those schools will be eligible to apply to be mentor high schools.

HSTW Mentor High Schools will be required to (1) disseminate online resources and other materials that will provide guidance and support in how to implement the HSTW design and how to sustain HSTW activities through other funding sources; (2) host site visits for HSTW Enhanced Design Network schools and other interested parties; and (3) provide guidance and coaching to HSTW Enhanced Design Network schools and other high schools through e-mail and telephone contact. Mentor schools may use grant funds under this program to pay for travel to HSTW state and national conferences.

Dates of Project. The High Schools That Work (HSTW) Enhanced Design Network Grants will be implemented primarily during the 2006-2007 school year. Applicants should plan for a starting date of no earlier than July 1, 2006, and an ending date of no later than February 29, 2008.

Project Amount. A total of approximately $800,000 is available for funding High Schools That Work (HSTW) Enhanced Design Network Grants. Each high school campus will receive a maximum of $30,000 to implement HSTW key design principles. Mentor schools will receive a maximum of an additional $10,000 per school. This project is funded 100 percent from general revenue funds appropriated by Rider 59, General Appropriations Act, 2005.

Selection Criteria. Applications will be selected based on expert reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA, contain a comprehensive plan that will fundamentally change and improve the high school campus, and demonstrate an ability to sustain the changes after the grant period ends.

Technical Assistance. Through the Region 5 Education Service Center (ESC), the TEA will provide pre-grant support and guidance in the development of plans that address both campus needs and grant requirements. Through the Region 5 ESC, the TEA will also provide direct training, on-going regional training, and networking activities to those high school campuses that receive the High Schools That Work (HSTW) Enhanced Design Network Grants.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-06-006 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/opge/disc/index.html for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Karen Harmon, Division of Discretionary Grants, TEA, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://www.tea.state.tx.us/opge/disc/index.html.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, March 30, 2006, to be considered for funding.

TRD-200600409

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: January 25, 2006


Education Service Center Region 10

Request for Applications

Texas Support for Homeless Education Program (TEXSHEP), School Years 2006 - 2009

Filing Date. January 24, 2006.

Filing Authority. The availability of grant funds under Request for Applications RFA #ESCR-10/H2006-9 is authorized by the McKinney - Vento Homeless Education Assistance Improvements Act of 2001, Public Law 107-110.

Eligible Applicants. The Region 10 Education Service Center (ESC) is requesting applications from school districts or cooperatives of school districts, regional education service centers, and open enrollment charter schools to facilitate the enrollment, attendance, and school success of homeless children and youth.

Description. Applicants should describe plans to provide tutoring, counseling, social work services, transportation, and other assistance that might improve the access of homeless children and youth to a free and appropriate public education. Project evaluations will include data on the impact of the project on the enrollment, school attendance, and the academic success of homeless students.

Dates of Project. The Texas Support for Homeless Education Program grants will be implemented during the 2006 - 2007 school year. Applicants should plan for a starting date no earlier than September 1, 2006.

Project Amount. Approximately $4 million will be provided for an unspecified number of projects; the number of projects will depend on the number of applicants. Project grant awards will range from $25,000 to $250,000 and are dependent upon the number of students and the poverty rates in the districts to be served. Project funding in the second and third years will be based on satisfactory progress of the first and second-year objectives and activities and on general budget approval by the State Board of Education, the Commissioner of Education, the Texas Legislature, and the availability of funding. This project is funded 100% from McKinney - Vento Homeless Education Assistance Act federal funds.

Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. The Region 10 ESC reserves the right to select from the highest ranking applications those that address all requirements in the RFA.

Region 10 ESC is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit Region 10 ESC to pay any costs before an application is approved. The issuance of this RFA does not obligate Region 10 to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of the Request For Application ESCR-10/H2004 may be downloaded from the Texas Homeless Education Office website at http://www.utdanacenter.org/theo. The application may also be obtained by writing The University of Texas at Austin, Charles A. Dana Center, Texas Homeless Education Office, 2901 North IH-35, Suite 2.246, Austin, TX 78722-2348, or by calling 1-800-446-3142 or (512) 475-9702 (in Austin). Please refer to the RFA number in your request.

Further Information. For clarifying information about the RFA, contact the Texas Homeless Education Office at 1-800-446-3142 or (512) 475-9702.

Bidder's Conference. As previously advertised on the Texas Education Agency and Texas Homeless Education Office websites, Region 10 held a bidder's conference for those interested in additional information about this RFA on February 2, 2006 at the Texas Education Agency in Austin, Texas. This bidder's conference was videotaped. Bidders may request a DVD of the proceedings by calling Janie Phillips, Administrative Assistant, Texas Homeless Education Office, at 1-800-446-3142, or by sending an e-mail to Barbara James, Director, Texas Homeless Education Office, at babawawa@mail.utexas.edu. Questions regarding the bidder's conference or the TEXSHEP grant may be directed to Barbara James at 1-800-446-3142 or (512) 475-8765, or by e-mail at babawawa@mail.utexas.edu.

Deadline for Receipt of Application. Applications must be received in the Region 10 ESC business office by 4:30 p.m. (Central Daylight Savings Time), Thursday, April 13, 2006, to be considered.

TRD-200600373

Jill Shugart

Executive Director

Education Service Center Region 10

Filed: January 24, 2006


Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding U.S. Department of The Navy, Naval Air Station Kingsville, Docket No. 2002-0222-PST-E on 01/12/2006 assessing $3,096.16 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Amie Richardson, Staff Attorney at (512) 239-2999, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cameron County, Docket No. 2002-1339-MLM-E on 01/12/2006 assessing $8,600 in administrative penalties with $1,720 deferred.

Information concerning any aspect of this order may be obtained by contacting Jaime Garza, Enforcement Coordinator at (956) 430-6030, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Rayburn Country Municipal Utility District, Docket No. 2003-1296-MWD-E on 01/12/2006 assessing $9,110 in administrative penalties with $1,822 deferred.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Glen Rose, Docket No. 2003-0400-MWD-E on 01/12/2006 assessing $14,325 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dayton Drive-Thru, Inc., Docket No. 2004-0235-PST-E on 01/12/2006 assessing $4,500 in administrative penalties with $900 deferred.

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

An agreed order was entered regarding City of Saint Jo, Docket No. 2004-0531-MWD-E on 01/12/2006 assessing $12,420 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Haskell, Docket No. 2004-0544-MWD-E on 01/12/2006 assessing $3,040 in administrative penalties.

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

An agreed order was entered regarding Cemex Inc., Docket No. 2004-1006-AIR-E on 01/12/2006 assessing $123,608 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jan Pate dba B D J's, Docket No. 2004-1243-PST-E on 01/12/2006 assessing $3,150 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding eMag Solutions, LLC, Docket No. 2004-1626-AIR-E on 01/12/2006 assessing $7,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Alto Corner Market, Inc., Docket No. 2004-1662-PST-E on 01/12/2006 assessing $4,280 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Stewart & Stevenson Tactical Vehicle Systems, LP, Docket No. 2004-1886-IHW-E on 01/12/2006 assessing $94,489 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Maurice Rosalez, Docket No. 2005-0003-LII-E on 01/12/2006 assessing $625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ReedHycalog, L.P., Docket No. 2005-0004-IWD-E on 01/12/2006 assessing $1,080 in administrative penalties with $216 deferred.

Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ConcoPhillips Company, Docket No. 2005-0163-AIR-E on 01/12/2006 assessing $20,250 in administrative penalties with $4,050 deferred.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2005-0290-AIR-E on 01/12/2006 assessing $8,662 in administrative penalties with $1,732 deferred.

Information concerning any aspect of this order may be obtained by contacting Jaime Garza, Enforcement Coordinator at (956) 430-6030, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lone Star Growers, L.P., Docket No. 2005-0316-IWD-E on 01/12/2006 assessing $4,920 in administrative penalties with $984 deferred.

Information concerning any aspect of this order may be obtained by contacting Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Daniel Ramirez, Jr. dba Country Village Market, Docket No. 2005-0376-PST-E on 01/12/2006 assessing $1,070 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Samuel Consulting, Inc., dba Circle Full Service Car Wash, Docket No. 2005-0392-PST-E on 01/12/2006 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Martindale, Docket No. 2005-0603-MWD-E on 01/12/2006 assessing $8,800 in administrative penalties with $1,760 deferred.

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

An agreed order was entered regarding City of Rogers, Docket No. 2005-0605-MWD-E on 01/12/2006 assessing $6,200 in administrative penalties with $1,240 deferred.

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

An agreed order was entered regarding Regency Centers Corporation dba Time Mart 15, Docket No. 2005-0632-PST-E on 01/12/2006 assessing $2,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Safety-Kleen Systems, Inc., Docket No. 2005-0636-MWD-E on 01/12/2006 assessing $3,750 in administrative penalties with $750 deferred.

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

An agreed order was entered regarding ANR Investments, Inc. dba ANR Grocery, Docket No. 2005-0671-PST-E on 01/12/2006 assessing $6,750 in administrative penalties with $1,350 deferred.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding The Goodyear Tire & Rubber Company, Docket No. 2005-0676-AIR-E on 01/12/2006 assessing $18,540 in administrative penalties with $3,708 deferred.

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

An agreed order was entered regarding Aqua Utilities, Inc. dba Aqua Texas, Inc., Docket No. 2005-0739-MWD-E on 01/12/2006 assessing $5,610 in administrative penalties with $1,122 deferred.

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

An agreed order was entered regarding Rhino Linings of South Texas, Inc., Docket No. 2005-0767-AIR-E on 01/12/2006 assessing $1,050 in administrative penalties with $210 deferred.

Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jaime J. Salinas, Docket No. 2005-0801-LII-E on 01/12/2006 assessing $625 in administrative penalties with $125 deferred.

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

An agreed order was entered regarding Astro Waste, Inc., Docket No. 2005-0803-MSW-E on 01/12/2006 assessing $11,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sunday Udoetok, Enforcement Coordinator at (512) 239-0739, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Olmito Water Supply Corporation, Docket No. 2005-0853-MWD-E on 01/12/2006 assessing $8,800 in administrative penalties with $1,760 deferred.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Molecular Limited Partnership, Docket No. 2005-0879-AIR-E on 01/12/2006 assessing $7,500 in administrative penalties with $1,500 deferred.

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

An agreed order was entered regarding Campbell Gas & Oil Company, Inc., Docket No. 2005-0967-IWD-E on 01/12/2006 assessing $3,000 in administrative penalties with $600 deferred.

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

An agreed order was entered regarding Jung Oil, Inc., Docket No. 2005-1001-PST-E on 01/12/2006 assessing $4,000 in administrative penalties with $800 deferred.

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

An agreed order was entered regarding ABG Development, Ltd., Docket No. 2005-1021-EAQ-E on 01/12/2006 assessing $6,750 in administrative penalties with $1,350 deferred.

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

An agreed order was entered regarding Jimmie Hahn Partnership, Ltd., Docket No. 2005-1164-IWD-E on 01/12/2006 assessing $4,250 in administrative penalties with $850 deferred.

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

An agreed order was entered regarding Allied Construction Supplies Corp., Docket No. 2005-1237-AIR-E on 01/12/2006 assessing $800 in administrative penalties with $160 deferred.

Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Southwest Glass, Inc., Docket No. 2005-1283-PST-E on 01/12/2006 assessing $15,500 in administrative penalties with $3,100 deferred.

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

An agreed order was entered regarding Nisseki Chemical Texas Inc., Docket No. 2005-1308-AIR-E on 01/12/2006 assessing $7,000 in administrative penalties with $1,400 deferred.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Melinda Lee dba Garrison Fina, Docket No. 2005-1322-PST-E on 01/12/2006 assessing $5,000 in administrative penalties with $1,000 deferred.

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

An agreed order was entered regarding Iola Independent School District, Docket No. 2005-1333-MWD-E on 01/12/2006 assessing $1,500 in administrative penalties with $300 deferred.

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

An agreed order was entered regarding Lackland Mart Inc. dba Valley HI 66 1, Docket No. 2005-1362-PST-E on 01/12/2006 assessing $3,400 in administrative penalties with $680 deferred.

Information concerning any aspect of this order may be obtained by contacting Dana Shuler, Enforcement Coordinator at (512) 239-2505, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sanderson Farms, Inc. (Processing Division), Docket No. 2005-1385-IWD-E on 01/12/2006 assessing $6,300 in administrative penalties with $1,260 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ozdo, Inc. dba Star Food Mart, Docket No. 2005-1390-PST-E on 01/12/2006 assessing $3,150 in administrative penalties with $630 deferred.

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

An agreed order was entered regarding Dallas Woodcraft Company, L.P., Docket No. 2005-1427-AIR-E on 01/12/2006 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Newfield Exploration Mid-Continent Inc., Docket No. 2005-1429-AIR-E on 01/12/2006 assessing $2,625 in administrative penalties with $525 deferred.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Culebra Phillips Mart, Inc. dba Culebra Phillips 6, Docket No. 2005-1456-PST-E on 01/12/2006 assessing $2,850 in administrative penalties with $570 deferred.

Information concerning any aspect of this order may be obtained by contacting Dana Shuler, Enforcement Coordinator at (512) 239-2505, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Crude Energy, Inc., Docket No. 2005-1500-AIR-E on 01/12/2006 assessing $3,850 in administrative penalties with $770 deferred.

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

An agreed order was entered regarding Rescar, Inc., Docket No. 2005-1532-AIR-E on 01/12/2006 assessing $2,025 in administrative penalties with $405 deferred.

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

An agreed order was entered regarding Charles Trice dba Daves Corner Grocery, Docket No. 2005-1551-PST-E on 01/12/2006 assessing $2,400 in administrative penalties with $480 deferred.

Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Michael Manders, Docket No. 2005-1556-LII-E on 01/12/2006 assessing $469 in administrative penalties with $94 deferred.

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

An agreed order was entered regarding City of Alpine, Docket No. 2004-0944-PWS-E on 01/12/2006 assessing $10,440 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Caroline Sweeney, Staff Attorney at (512) 239-0665, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Edgewood, Docket No. 2004-1540-PWS-E on 01/12/2006 assessing $3,675 in administrative penalties with $735 deferred.

Information concerning any aspect of this order may be obtained by contacting Caroline Sweeney, Staff Attorney at (512) 239-0665, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jack and Rhonda Vanover dba Casey Homes Estates Public Water Supply, Docket No. 2004-1984-PWS-E on 01/12/2006 assessing $7,290 in administrative penalties.

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

A default order was entered regarding Vernco Construction, Inc., Docket No. 2005-0080-WQ-E on 01/12/2006 assessing $10,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney at (512) 239-0252, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Craig Turner, Docket No. 2005-0607-PWS-E on 01/12/2006 assessing $7,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lexicon, Inc., Docket No. 2005-0637-WQ-E on 01/12/2006 assessing $3,500 in administrative penalties with $700 deferred.

Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Iredell, Docket No. 2005-0763-PWS-E on 01/12/2006 assessing $1,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Amanda King-Zrubek, Enforcement Coordinator at (512) 239-0824, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Quality Concrete & Materials Co., Ltd., Docket No. 2005-1029-WQ-E on 01/12/2006 assessing $2,625 in administrative penalties with $525 deferred.

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

An agreed order was entered regarding AHS, Inc. dba Amigo Mart, Docket No. 2005-1036-PWS-E on 01/12/2006 assessing $1,540 in administrative penalties with $308 deferred.

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

An agreed order was entered regarding City of Hemphill, Docket No. 2005-1073-PWS-E on 01/12/2006 assessing $1,290 in administrative penalties.

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

An agreed order was entered regarding Town of Quintana, Docket No. 2005-1100-PWS-E on 01/12/2006 assessing $635 in administrative penalties.

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

An agreed order was entered regarding Lower Colorado River Authority, Docket No. 2005-1196-PWS-E on 01/12/2006 assessing $635 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sam Rayburn Water, Inc., Docket No. 2005-1228-PWS-E on 01/12/2006 assessing $323 in administrative penalties.

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

An agreed order was entered regarding City of Winnsboro, Docket No. 2005-1258-PWS-E on 01/12/2006 assessing $625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Travis County MUD 10, Docket No. 2005-1260-PWS-E on 01/12/2006 assessing $655 in administrative penalties.

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

An agreed order was entered regarding Loop 360 Water Supply Corporation, Docket No. 2005-1263-PWS-E on 01/12/2006 assessing $323 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Rhodia Inc., Docket No. 2005-1288-PWS-E on 01/12/2006 assessing $325 in administrative penalties.

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

An agreed order was entered regarding Lake Livingston Water Supply & Sewer Service Corporation, Docket No. 2005-1299-PWS-E on 01/12/2006 assessing $625 in administrative penalties.

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

An agreed order was entered regarding Texas Conference Association of Seventh-Day Adventists, Docket No. 2005-1420-PWS-E on 01/12/2006 assessing $6,338 in administrative penalties.

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

A default order was entered regarding Fuel Brokers, Inc., Docket No. 2004-0171-IHW-E on 01/18/2006 assessing $27,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mac Vilas, Enforcement Coordinator at (512) 239-2557, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200600397

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 25, 2006


Notice of Meeting on March 9, 2006, in Linden, Texas Concerning the Cass County Treating Company

The purpose of the meeting is to obtain public input and information concerning a proposal of the Cass County Treating Company to the state registry of Superfund sites, the identification of potentially responsible parties, and the proposal of non-residential land use.

The Texas Commission on Environmental Quality (TCEQ or commission) is required under Texas Solid Waste Disposal Act, Health and Safety Code (the Act), Chapter 361, as amended, to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the March 26, 2004, issue of the Texas Register (29 TexReg 3278).

In accordance with the Act, §361.184(a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the facility is located. The commission hereby gives notice that the commission's executive director has determined the Cass County Treating Company site to be eligible for listing, and that the executive director proposes to list it on the state registry. The commission also gives notice in accordance with the Act, §361.1855, that it proposes a land use other than residential as appropriate for the facility. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site. The commission is proposing a land use designation of commercial/industrial based on the existing land use of the property, as is prescribed in the Texas Risk Reduction Program rules in 30 TAC §350.53.

This publication also specifies the general nature of the potential endangerment to public health and safety, or the environment as determined by information currently available to the executive director. This notice of intent to list this facility was also published on February 1, 2006, in the Cass County Sun.

The facility proposed for listing is the Cass County Treating Company, located at 304 Hall Street, Linden, Cass County, Texas. The geographic coordinates of the site are Latitude 33 degrees 00 minutes 10 seconds North and Longitude 94 degrees 21 minutes 02 seconds West. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the commission to evaluate potential relative risk to public health and the environment from releases or threatened releases of hazardous substances. The site description may change as additional information is gathered on the sources and extent of contamination.

Cass County Treating Company is a 17.07-acre site within the southeastern city limits of Linden, in Cass County, Texas. The site is bordered by residential areas to the west and north, and undeveloped wooded areas to the south and east. CCTC began preserving wood with pentachlorophenol (PCP) in the 1960's but switched to chromate copper arsenate in 1984. Three backfilled surface impoundments used for the disposal of PCP-contaminated wastewater were identified on site. Evidence of soil contamination was documented on site. PCP releases into a drainage ditch and spring water were documented in 1986. In 1987, evidence of phenolic organic contamination was documented in groundwater monitoring wells located downgradient to the surface impoundments.

In June of 1998, the TCEQ Superfund Site Discovery and Assessment Program completed a screening report for the CCTC site. During the 2004 site assessment, volatile, semi-volatile, and inorganic compounds were noted in groundwater. PCP was detected at 8,100 micrograms per liter in a groundwater well located downgradient to the surface impoundment. There are no drinking water intakes documented at the site. Naphthalene was detected in a sediment sample collected from a wetland along the intermittent tributary to Beach Creek.

A public meeting will be held on March 9, 2006, at 7:00 p.m., in Linden City Hall, Council Chambers, 104 South Main, Linden, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility that is the subject of this notice is located. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., March 9, 2006, by Sue Rogers, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 136, P.O. Box 13087, Austin, Texas 78711-3087 or facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on March 9, 2006.

A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Atlanta Public Library, 101 West Hiram, Atlanta, Texas 75551, (903) 796-2112. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Records Customer Service, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Information is also available regarding the State Superfund Program on the TCEQ Web site located at www.tceq.state.tx.us/remediation/superfund/index.html. Persons who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363. Requests should be made as far in advance as possible.

For further information about this site or the public meeting, please call Bruce McAnally, TCEQ Community Relations, at (800) 633-9363.

TRD-200600383

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: January 24, 2006


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 6, 2006. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 6, 2006. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing.

(1) COMPANY: Environmental Management Services of Texas, Inc.; DOCKET NUMBER: 2005-0358-IHW-E; TCEQ ID NUMBERS: 85009 and RN100566256; LOCATION: 9717 Carnegie Avenue, El Paso, El Paso County, Texas; TYPE OF FACILITY: used oil transfer facility; RULES VIOLATED: 30 TAC §324.1 and 40 Code of Federal Regulations §279.45(d), by failing to have a secondary containment system where used oil was stored for more than 24 hours, but not longer than 35 days; PENALTY: $625; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(2) COMPANY: Epley Enterprises, Inc.; DOCKET NUMBER: 2005-0587-MLM-E; TCEQ ID NUMBERS: TXR05Q734 and RN102988698; LOCATION: 3916 South Chadbourne Street, San Angelo, Tom Green County, Texas; TYPE OF FACILITY: drill bit manufacturing facility; RULES VIOLATED: 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(2)(a), by failing to completely develop the pollution prevention team requirements of the permit; 30 TAC §281.25(b)(4) and Storm Water Permit Number TXR05Q734, Section (A)(3)(a), by failing to identify eligible non-storm water discharges; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(4)(a), by failing to develop a complete narrative description of all activities and potential pollution sources; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(4)(c)(1), (2), and (12), by failing to develop a complete site map; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(5)(b)(1), by failing to specify all potential spill areas; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(5)(b)(5), by failing to develop a record of adequate spill prevention and cleanup techniques; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(5)(b)(7), by failing to develop and maintain an inventory of equipment and materials for spill clean-up; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(5)(c), by failing to develop best management practices; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(3)(b) and (c), by failing to perform and certify the investigation of non-storm water discharges; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(5)(g), by failing to conduct quarterly inspections; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(5)(h), by failing to conduct visual monitoring of storm water discharges; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(5)(f), by failing to conduct an annual employee training and education program; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(7), by failing to conduct an annual comprehensive site compliance evaluation; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (D)(1), by failing to conduct annual numeric effluent limitation sampling for hazardous metals; 30 TAC §281.25(a)(4) and Storm Water Permit Number TXR05Q734, Section (A)(5)(a), by failing to implement and maintain good housekeeping procedures; and 30 TAC §335.4, by failing to manage wastes so as to prevent discharges to the environment; PENALTY: $6,050; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(3) COMPANY: Het & Harsh Corporation dba Sonic Quick Stop; DOCKET NUMBER: 2004-1824-PST-E; TCEQ ID NUMBERS: 40823 and RN101884286; LOCATION: 7502 Synott Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); PENALTY: $3,750; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Landed I, Ltd. dba J.H. Walker Trucking; DOCKET NUMBER: 2005-0255-PST-E; TCEQ ID NUMBERS: 75632 and RN100713775; LOCATION: 11404 Hempstead Road, Houston, Harris County, Texas; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $2,100; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Lisanti Realty Corporation dba Lisanti Food Service; DOCKET NUMBER: 2005-0138-PST-E; TCEQ ID NUMBERS: 59456 and RN102047289; LOCATION: 9020 Sterling Street, Irving, Dallas County, Texas; TYPE OF FACILITY: food distributing company with an on-site petroleum storage tank; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; PENALTY: $950; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Live Oak Golf Country Club Inc.; DOCKET NUMBER: 2005-0742-PWS-E; TCEQ ID NUMBERS: 0040031 and RN101263176; LOCATION: 318 Country Club Road, Rockport, Aransas County, Texas; TYPE OF FACILITY: public water supply system; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i), by failing to collect and submit routine bacteriological samples for August - October 2003 and February and July 2004; and 30 TAC §290.109(c)(2)(F), by failing to collect and submit at least five additional routine bacteriological samples in May 2004, following a total coliform-positive sample collected in April 2004; PENALTY: $2,055; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(7) COMPANY: Price Construction, Ltd.; DOCKET NUMBER: 2005-0491-AIR-E; TCEQ ID NUMBER: RN104523717; LOCATION: 2.2 miles north of Elm Creek on the east side of United States Highway 277, near Eagle Pass, Maverick County, Texas; TYPE OF FACILITY: hot mix asphalt plant; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code (THSC), §382.085(b), by failing to obtain authorization to construct and operate a hot mix asphalt plant before operation began; PENALTY: $5,000; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175, (512) 239-5487; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3638, (956) 791-6611.

(8) COMPANY: PT Gas Service Company, L.C. dba Workingmans Friend 529; DOCKET NUMBER: 2004-0506-PST-E; TCEQ ID NUMBERS: 003615 and RN102040359; LOCATION: 1508 Southwest Parkway, Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: convenience store with the retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to reconcile inventory control records on a monthly basis in a manner sufficiently accurate to detect a release as small as the sum of 1% of the total substance flow-through for the month plus 130 gallons; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.74, by failing to investigate a suspected release from the USTs; and 30 TAC §334.72, by failing to notify the TCEQ within 24 hours of a suspected release; PENALTY: $13,500; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(9) COMPANY: Truman Loving; DOCKET NUMBER: 2004-1999-OSI-E; TCEQ ID NUMBER: RN104402797; LOCATION: 250 23rd Street, Woodville, Tyler County, Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: 30 TAC §30.5(a) and (b) and §285.61(1), THSC, §366.071(a), and TWC, §37.003, by failing to obtain a license prior to completing the installation of an OSSF; 30 TAC §285.61(4) and THSC, §366.051(c), by failing to obtain proof of a permit or authorization prior to the construction of an OSSF; and 30 TAC §§285.61(6), 285.91(10), 285.32(a)(5), (b)(1)(B), (C)(ii), and (E), and 285.33(b)(1) and (c)(1)(B), and THSC, §366.004, by failing to meet the minimum criteria for installing an OSSF; PENALTY: $750; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200600381

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: January 24, 2006


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 6, 2006. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 6, 2006. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing.

(1) COMPANY: A B C Concrete, Inc.; DOCKET NUMBER: 2005-1071-WQ-E; TCEQ ID NUMBER: RN102071826; LOCATION: 8000 Dee Gabriel Collins Road, Austin, Travis County, Texas; TYPE OF FACILITY: ready mix concrete plant; RULES VIOLATED: 30 TAC §281.25(a)(4), TWC, §26.121, and Permit Number TXG110225, by failing to implement a Storm Water Pollution Prevention Plan; and 30 TAC §334.128(a) and TWC, §5.702, by failing to pay outstanding aboveground storage tank fees; PENALTY: $5,350; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: AVS Management Inc dba Toor Shell Food Mart; DOCKET NUMBER: 2005-1191-PST-E; TCEQ ID NUMBER: RN101890978; LOCATION: 9875 North Houston Rosslyn Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); PENALTY: $1,050; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Bill Wilson dba Wilson's Sand Pit; DOCKET NUMBER: 2004-0960-AIR-E; TCEQ ID NUMBER: RN104261250; LOCATION: 1/2 mile south of the Highway 428 and Highway 377 intersection, Aubrey, Denton County, Texas; TYPE OF FACILITY: rock crushing plant; RULES VIOLATED: 30 TAC §111.201 and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the general prohibition on outdoor burning; and 30 TAC §116.110(a) and THSC, §382.0518(a), by failing to obtain a permit or satisfy the conditions of a permit by rule to construct a rock crusher; PENALTY: $55,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Casey Shepelwich; DOCKET NUMBER: 2005-0802-LII-E; TCEQ ID NUMBER: RN103228946; LOCATION: 7209 Montego Drive, Rowlett; 2305 Cedarwood, Garland, Dallas County, Texas; TYPE OF FACILITY: lawn care service company; RULES VIOLATED: 30 TAC §30.5 and §344.4(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system. Specifically, Mr. Shepelwich, who does not hold an irrigator license , sold an irrigation system for installation at 2305 Cedarwood, Garland, Dallas County, Texas; PENALTY: $250; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: City of Baird; DOCKET NUMBER: 2005-1043-PWS-E; TCEQ ID NUMBER: 0300001; LOCATION: Baird, Callahan County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: THSC, §341.0315(c) and 30 TAC §290.113(f)(4), by exceeding the maximum contaminant level (MCL) of 0.080 milligrams per liter (mg/L) for trihalomethanes for the third and fourth quarters of 2004 and the first quarter of 2005; and THSC, §341.0315(c) and 30 TAC §290.113(f)(5), by exceeding the MCL of 0.060 mg/L for haloacetic acid (HAA5) for the third and fourth quarters of 2004 and the first quarter of 2005; PENALTY: $1,250; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(6) COMPANY: Hung Tran dba Corner Stop Food Mart; DOCKET NUMBER: 2005-0141-PST-E; TCEQ ID NUMBERS: 35272 and RN101446664; LOCATION: 409 South Brooks Street, Brazoria, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $1,365; STAFF ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512) 239-1976; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: KGA Corporation, Inc.; DOCKET NUMBER: 2003-1155-PST-E; TCEQ ID NUMBERS: 39222 and RN102220068; LOCATION: 2211 West Southwest Loop 323, Tyler, Smith County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.72(3), by failing to report to the commission a suspected release from a UST within 24 hours of its discovery; and 30 TAC §334.74, by failing to investigate and confirm suspected releases from the diesel storage tank within 30 days; PENALTY: $7,500; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(8) COMPANY: Lakewind Enterprises, Inc. dba Tidwell Conoco; DOCKET NUMBER: 2004-1638-PST-E; TCEQ ID NUMBERS: 68676 and RN102040862; LOCATION: 7292 West Tidwell Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $950; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Sarn Management, Inc. dba Toor Food Mart; DOCKET NUMBER: 2004-1328-PST-E; TCEQ ID NUMBERS: 39771 and RN101432466; LOCATION: 899 North Main Street, Liberty, Liberty County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(4)(A)(ii)(II) and TWC, §26.3475(c)(1), by failing to monitor its USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $1,975; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: The City of Gustine; DOCKET NUMBER: 2002-1324-MWD-E; TCEQ ID NUMBER: 10841-001; LOCATION: two miles east of the intersection of State Highway 36 and Farm-to-Market Road 1476, Gustine, Comanche County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, §26.121, 30 TAC §305.125(1), and TPDES Permit Number 10841-001, Final Effluent Limitations and Monitoring Requirements, by failing to comply with permitted discharge limitations; PENALTY: $16,150; STAFF ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512) 239-1976; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(11) COMPANY: W. Silver, Inc.; DOCKET NUMBER: 2004-0031-AIR-E; TCEQ ID NUMBERS: EE-0091-O and RN100930965; LOCATION: 9059 Doniphan Drive, Vinton, El Paso County, Texas; TYPE OF FACILITY: fabricated steel manufacturing facility; RULES VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(a), by allowing the transfer of gasoline which may ultimately be used in a motor vehicle in the El Paso area with a Reid vapor pressure greater than 7.0 pounds per square inch absolute; and 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the minimum 2.7% by weight, oxygenated fuel requirement for motor vehicle fuel within El Paso County during the control period between October 1, 2004 and March 31, 2005; PENALTY: $4,640; STAFF ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512) 239-1976; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(12) COMPANY: Weldon Alders dba Woodland Hills Water Company; dba Lakeview Water System; dba Fairfield Estates; DOCKET NUMBER: 2004-0480-PWS-E; TCEQ ID NUMBERS: 1460120, 1460098, 1460118, RN101177483, RN101458750, and RN101206795; LOCATION: Woodland Hills Facility: Woodland Hills Subdivision; Lakeview Water System: County Road 4532; Fairfield Estates: County Road 6022, Dayton, Liberty County, Texas; TYPE OF FACILITY: retail public utilities; RULES VIOLATED: Woodland Hills Facility: 30 TAC §290.45(b)(1)(D)(ii) and THSC, §341.0315(c), by failing to provide the minimum total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(D)(iii) and THSC, §341.0315(c), by failing to provide two or more pumps with a minimum total capacity of 2.0 gallons per minute (gpm) per connection, or total capacity of 1,000 gpm and the ability to meet peak hourly demand with the largest pump out of service, whichever is less, at each pump station or pressure plane; Lakeview Facility: 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide the minimum total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more pumps with a minimum total capacity of 2.0 gpm per connection at each pump station or pressure plane; Fairfield Facility: 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide the minimum total storage capacity of 200 gallons per connection; and 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more pumps with a minimum total capacity of 2.0 gpm per connection at each pump station or pressure plane; PENALTY: $22,050; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200600382

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: January 24, 2006


Notice of Water Quality Applications

The following notices were issued during the period of January 10, 2006 through January 19, 2006.

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.

ALGONQUIN WATER RESOURCES OF TEXAS has applied to for a renewal of TPDES Permit No. 12482-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 68,000 gallons per day. The facility is located approximately 7,600 feet south and 2,400 feet east of the intersection of Farm-to-Market Road 49 and Farm-to-Market Road 2869 and 9 miles north of the Town of Hawkins in Wood County, Texas.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to CITY OF AUSTIN, to amend the Other Requirements Section, Item No. 3, Page 23. The standard reporting requirements for a new plant (30 TAC Sections 319.1-319.11) should be added to this item in the draft permit. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility will be located approximately 0.75 mile south of State Highway 71 and approximately 8 miles east of the intersection of State Highway 71 and U. S. Highway 183 in Travis County, Texas.

CITY OF DETROIT has applied for a renewal of TPDES Permit No. 10724-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 108,000 gallons per day. The facility is located approximately 1,200 feet south of U.S. Highway 82, approximately one mile southeast of the intersection of U.S. Highway 82 and Farm-to-Market Road 2573 in Red River County, Texas.

DOWDELL PUBLIC UTILITY DISTRICT has applied for a major amendment to TPDES Permit No. WQ0011404001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 500,000 gallons per day to a daily average flow not to exceed 950,000 gallons per day. The facility is located in the northwest quadrant of the intersection of Kuykendahl Road and Dowdell Road, approximately one mile east of Farm-to-Market Road 2920 and approximately seven miles west of Interstate Highway in Harris County, Texas.

CITY OF DRISCOLL has applied for a renewal of TPDES Permit No. 11541-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located northeast of Driscoll, approximately 2,400 feet northeast of the intersection of Farm-to-Market Road 665 and U.S. Highway 77, approximately 2,600 feet southeast of U.S. Highway 77 crossing Petronila Creek in Nueces County, Texas.

FOREST HILLS MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 11807-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located south of Frick Road, approximately 2.5 miles northwest of the intersection of West Mount Houston Road and Veterans Memorial Boulevard (formerly Stuebner-Airline Road) in Harris County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 25 has applied for a major amendment to TPDES Permit No. 12003-001 to authorize an increase in the discharge of treated domestic wastewater from daily average flow not to exceed 980,000 gallons per day to an annual average flow not to exceed 1,600,000 gallons per day. The facility is located approximately 400 feet north of Old Richmond Road (Richmond-Gains Road) and approximately 2,900 feet east of Farm-to-Market Road 1464 in Fort Bend County, Texas.

CITY OF HACKBERRY has applied for a major amendment to TPDES Permit No. 13434-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 130,000 gallons per day to a daily average flow not to exceed 710,000 gallons per day. The facility is located at the southern end of Maxwell Road in the City of Hackberry in Denton County, Texas.

NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0011824002, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility will be located 3,000 feet east and 1,300 feet south of the intersection of Telge Road and Grant Road in Harris County, Texas.

JETT WELD, INC. has applied for a renewal of Permit No. 12430-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 1,500 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located at 12118 Farm-to-Market Road 529 (Spencer Road), between Fairview Road and Wright Road, approximately 1.2 miles west of the intersection of U.S. Highway 290 and Farm-to-Market Road 529 in Harris County, Texas.

CITY OF LONGVIEW has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 10589-004, which authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 1,008 000 gallons per day. The facility is located approximately one mile west of the intersection of Judson Road and Farm-to-Market Road 1844 in Gregg County, Texas.

POINT AQUARIUS MUNICIPAL UTILITY DISTRICT has applied for a major amendment to TPDES Permit No. 11219-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 390,000 gallons per day to a daily average flow not to exceed 700,000 gallons per day. The facility is located approximately 1 mile southwest of the intersection of Farm-to-Market Road 1097 and Aquarius Boulevard in Montgomery County, Texas.

CITY OF PYOTE has applied for a renewal of Permit No. 13986-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 22,000 gallons per day via surface irrigation of 13.04 acres of public access land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located are located between U.S. Highway 80 (Business Interstate Route 20) and Interstate Highway 20, approximately 500 feet east of the interstate of Rogers Street ( State Highway 115) and U.S. Highway 80 (Business Interstate Route 20) in Ward County, Texas.

RANCHO DEL LAGO, INC. has applied for a new permit, Proposed Permit No. WQ0014615001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day via surface irrigation of 100 acres of public access landscape and a golf course. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities will be located approximately 3.9 miles southeast of the intersection of State Highway 281 and Farm-to-Market Road 32 in Blanco County, Texas. The disposal site will be located approximately 3.2 miles southeast of the intersection State Highway 281 and Farm-to-Market Road 32 in Blanco County, Texas.

CITY OF RENO has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 12162-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 522,000 gallons per day. The facility is located approximately 1 1/3 miles southwest of the intersection of Farm-to-Market Road 195 and Northwest Seventh Street in Lamar County, Texas.

REUNION 20 TRAVEL VILLAGE, LTD. has applied for a renewal of TPDES Permit No. 14152-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 56,000 gallons per day. The facility is located approximately 1,000 feet east northeast of the intersection of Interstate Highway 20 and U.S. Highway 271 in Smith County, Texas.

SABINE RIVER AUTHORITY OF TEXAS has applied for a renewal of TPDES Permit No. 12134-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 3,000 gallons per day. The facility is located at the southwest corner of the intersection of State Highway 62 and the Southern Pacific Railroad approximately 2.7 miles northeast of Orangefield in Orange County, Texas.

CITY OF SANTA ROSA has applied for a major amendment to TPDES Permit No. 10330-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 390,000 gallons per day in the interim phase to a daily average flow not to exceed 681,000 gallons per day in the final phase. The Applicant has also applied for a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(f) because meeting the buffer zone requirement by restrictive easement has been impossible and by nuisance odor control would be economically not feasible. The facility is located approximately 0.4 mile northeast of the intersection of State Highway 107 and Farm-to-Market Road 506, northeast of the City of Santa Rosa in Cameron County, Texas.

CITY OF TENAHA has applied for a renewal of TPDES Permit No. 10818-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 190,000 gallons per day. The facility is located adjacent to Hilliard Creek; approximately 2,400 feet south of U.S. Highway 84 and 3,300 feet east of U.S. Highway 96 in Shelby County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a major amendment to TPDES Permit No. 11722-001 to authorize the relocation of the outfall and construction of a new treatment plant with discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The interim (existing) facility is located about 3,000 feet northwest of the intersection of Farm-to-Market Road 1988 and Farm-to-Market Road 3126 and 300 feet east of Farm-to-Market Road 3126 in Polk County Texas. The final (new) facility will be located 4,000 feet northwest of the intersection of Farm-to-Market Road 3126 and State Park Road 65, and 500 feet west of Farm-to-Market Road 3126 in Polk County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of Permit No. 13285-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 14,000 gallons per day via surface irrigation of 8.5 acres of non-public access land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 1,000 feet south of Farm-to-Market Road 1716 and approximately 4,500 feet south-southeast of the intersection of State Highway 43 and Farm-to-Market Road 1716 in Rusk County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT AND SABINE RIVER AUTHORITY have applied for a renewal of Permit No. WQ0013857-001, which authorizes the disposal of treated domestic wastewater at a 30-day average flow not to exceed 4,375 gallons per day from November through April, 7,500 gallons per day during May and October, and 12,500 gallons per day from June through September, via evaporation and irrigation on 3.0 acres. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 3,500 feet south-southeast of Spring Point and approximately 4,000 feet northwest of Autumn Point near White Deer Reach on the southwest shore of Lake Tawakoni in Hunt County, Texas.

CITY OF WINONA has applied for a renewal of TPDES Permit No. WQ0010922001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility is located west of Harris Creek and south of Farm-to-Market Road 16, approximately 1000 feet due south of the intersection of Farm-to-Market Road 16 and State Highway 155 in Smith 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.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 58 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize operating the 350,000 gallons per day parallel treatment facilities as an interim phase II. The existing permit authorizes the discharge of treated domestic wastewater as a daily average flow not to exceed 600,000 gallons per day. The facility is located approximately 1,100 feet west of Kuykendahl Road and 2250 feet south of Farm-to-Market Road 1960 on the north and south sides of Bammel Village Drive in Harris County, Texas.

TRD-200600396

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 25, 2006


Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 3, 2006 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P. O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 3, 2006 . 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: 2001 Milenium Corporation dba Chevron Food Mart; DOCKET NUMBER: 2005-1771-PST-E; IDENTIFIER: Regulated Entity Reference Number (RN) 101572667; LOCATION: Carrollton, Denton 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: $640; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Abed Brothers Corporation dba Texas Meat Market; DOCKET NUMBER: 2004-2053-PST-E; IDENTIFIER: Petroleum Storage Tank Registration Number 74363, RN101849701; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(i) and the Code, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases and by failing to equip the pressurized piping with an automatic line leak detector; 30 TAC §334.10(b)(1)(C)(ii), by failing to have the required records readily accessible and available for inspection; and 30 TAC §334.8(c)(5)(C), by failing to ensure that the permanent legible tags, labels, or markings were applied or affixed to the immediate area of the UST fill tubes; PENALTY: $3,240; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: Channel Shipyard Company, Inc.; DOCKET NUMBER: 2005-1609-AIR-E; IDENTIFIER: RN100218429; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: barge degassing, cleaning, and repair plant; RULE VIOLATED: 30 TAC §115.546(2)(A) and THSC, §382.085(b), by failing to maintain continuous temperature monitoring records; 30 TAC §117.479(a)(1) and THSC, §382.085(b), by failing to install and operate a totalizing fuel flow meter; 30 TAC §116.615(2) and THSC, §382.085(b), by failing to operate within standard permit representations; and 30 TAC §116.110(a) and THSC, §382.085(b), by failing to obtain authorization to emit acrylates; PENALTY: $12,528; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Chevron Phillips Chemical Company, L.P.; DOCKET NUMBER: 2005-1638-AIR-E; IDENTIFIER: RN102320850; LOCATION: near Borger, Hutchinson County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.715(a), New Source Review (NSR) Flexible Air Permit Number 21918, and THSC, §382.085(b), by failing to comply with permitted emissions limits, by failing to keep complete records, by failing to control vapors from a loading operation, by failing to properly repair and monitor fugitive emission components, and by failing to use data required by the permit emissions calculations; and 30 TAC §122.146(5)(C) and (D), Federal Operating Permit Number 02164, and THSC, §382.085(b), by failing to include all instances of deviations in a report; PENALTY: $19,829; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(5) COMPANY: Chevron Phillips Chemical Company, L.P.; DOCKET NUMBER: 2005-1709-AIR-E; IDENTIFIER: RN1008725249; LOCATION: Old Ocean, Brazoria County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.715(a), Air Permit Number 22690, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $3,080; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2005-1660-AIR-E; IDENTIFIER: RN101619179; LOCATION: Old Ocean, Brazoria County, Texas; TYPE OF FACILITY: refinery; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 49140, and THSC, §382.085(b), by failing to comply with permitted emissions limits and allowed unauthorized emissions; PENALTY: $5,760; ENFORCEMENT COORDINATOR: David Flores, (512) 239-1165; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Cotton Center Producers, Inc.; DOCKET NUMBER: 2005-1617-MLM-E; IDENTIFIER: RN104751458; LOCATION: Lamesa, Dawson County, Texas; TYPE OF FACILITY: unauthorized industrial solid waste site; RULE VIOLATED: 30 TAC §111.201 and §335.2(a) and THSC, §382.085(b), by allegedly having conducted unauthorized disposal of cotton burr waste; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(8) COMPANY: Etoile Water Supply Corporation; DOCKET NUMBER: 2005-1438-PWS-E; IDENTIFIER: RN101192987; LOCATION: Etoile, Nacogdoches County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(g), (q), and (r), by failing to collect and submit bacteriological samples, by failing to issue a boil water notice, and by failing to provide a minimum pressure of 35 pounds per square inch (psi) throughout the farthest reaches of the distribution system; PENALTY: $648; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: Flint Hill Resources, L.P.; DOCKET NUMBER: 2005-0018-AIR-E; IDENTIFIER: Air Account Numbers NE0120H and NE0122D, RN102534138 and RN100235266; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petroleum refining; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b), by failing to prevent unauthorized volatile organic compound (VOC) emissions; 30 TAC §122.32 and THSC, §382.085(b), by failing to prevent a discharge of hydrogen sulfide; 30 TAC §101.20(3), §116.715(a), Air Flexible Permit Number 6308, and THSC, §382.085(b), by failing to maintain emissions at or below the limits authorized in the flexible permit; and 30 TAC §116.715(a), NSR Flexible Air Permit Number 8803A, and THSC, §382.085(b), by failing to prevent unauthorized VOCs from being released; PENALTY: $14,800; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(10) COMPANY: Galveston County Landfill Texas, L.P.; DOCKET NUMBER: 2005-1501-MLM-E; IDENTIFIER: RN100221597; LOCATION: Santa Fe, Galveston County, Texas; TYPE OF FACILITY: municipal solid waste (MSW); RULE VIOLATED: 30 TAC §330.56(n)(1)(B) and MSW Permit Number 1149A, by failing to prevent the concentration of methane gas from exceeding the lower explosive limit for methane; 30 TAC §§330.114(5), 330.117(c), and 335.2(b) and MSW Permit Number 1149A, by failing to prevent the disposal of Class 1 industrial waste; 30 TAC §335.6(c), by failing to update the facility's notice of registration; 30 TAC §330.136(b)(3)(B) and 40 Code of Federal Regulations (CFR) §61.154(f), by failing to properly record the location, depth, and volume of each load of regulated asbestos-containing material placed in the landfill; and 30 TAC §330.130 and MSW Permit Number 1149A, by failing to immediately notify TCEQ of a landfill gas exceedance; PENALTY: $8,650; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Lee-Var, Inc. dba Palmer of Texas; DOCKET NUMBER: 2005-1331-WQ-E; IDENTIFIER: RN100213594; LOCATION: near Andrews, Andrews County, Texas; TYPE OF FACILITY: fiberglass tank manufacturing; RULE VIOLATED: 30 TAC §281.25(a)(4), 40 CFR §122.26, and the Code, §26.121(a)(1), by failing to obtain an individual Texas Pollutant Discharge Elimination System (TPDES ) storm water permit; PENALTY: $3,968; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(12) COMPANY: Melvin Jerry Threadgill dba M&T Natural Stone; DOCKET NUMBER: 2005-1814-WQ-E; IDENTIFIER: RN104320882; LOCATION: Santo, Palo Pinto County, Texas; TYPE OF FACILITY: dimensional stone mining; RULE VIOLATED: the Code, §26.121(a)(1), by failing to prevent noncompliance discharge of sediment to waters in the state; and 30 TAC §281.25(a)(4), TPDES General Permit Number TXR050000, and 40 CFR §122.26, by failing to fully develop storm water prevention plan erosion control measures and use erosion prevention measures and controls to reduce soil erosion in areas of the facility that have ongoing erosion or potential for soil erosion; PENALTY: $2,640; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: City of Pearsall; DOCKET NUMBER: 2005-1633-MLM-E; IDENTIFIER: RN104680772; LOCATION: Pearsall, Frio County, Texas; TYPE OF FACILITY: MSW citizen collection station; RULE VIOLATED: 30 TAC §330.4(a), by failing to obtain proper authorization prior to the storage, processing, and disposal of MSW; and 30 TAC §111.201 and THSC, §382.085(b), by failing to obtain proper authorization prior to the commencement of outdoor burning activities; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(14) COMPANY: Reddy Energy, Inc. dba Bachman Lake Mobil; DOCKET NUMBER: 2005-1109-PST-E; IDENTIFIER: RN102368040; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain the release detection records; 30 TAC §334.50(d)(1)(B)(ii) and (iii)(I), and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records and by failing to record inventory volume measurements for regulated substance inputs; 30 TAC §334.7(d)(3), by failing to provide an amended UST registration; and 30 TAC §334.8(c)(4)(A)(vii), (5)(A)(i), (B)(ii), and (C), by failing to ensure that an application for renewal of a delivery certificate is properly and timely filed, by failing to make available to a common carrier a valid, current delivery certificate, and by failing to ensure that all USTs are properly identified; PENALTY: $8,363; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Rohm and Haas Company; DOCKET NUMBER: 2005-1745-AIR-E; IDENTIFIER: RN104789474; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: acrylic and vinyl emulsions production; RULE VIOLATED: 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to timely submit the semiannual deviation report; and 30 TAC §116.115(c) and §122.143(4), and Air Permit Number 27131, by failing to amend Air Permit Number 27131 to include butyl acrylate/methyl methacrylate on the product list prior to manufacturing; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Southwest Convenience Stores, L.L.C.; DOCKET NUMBER: 2005-1670-AIR-E; IDENTIFIER: RN102394368, RN100823913, RN102388345, RN102394756, RN102396702, RN102393685, RN102397601, RN102395662, RN102392214, RN102399094, RN102393170, RN102390960, RN102391331, RN102397189, and RN102389228; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the maximum seven psi Reid vapor pressure requirements; PENALTY: $13,424; ENFORCEMENT COORDINATOR: Jill McNew, (915) 655-9479; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(17) COMPANY: Southwest Energy Distributors, Inc.; DOCKET NUMBER: 2005-1555-IWD-E; IDENTIFIER: RN104578117; LOCATION: Monahans, Ward County, Texas; TYPE OF FACILITY: fuel distributor and real estate holding company; RULE VIOLATED: 30 TAC §305.125(1), the Code, §26.121(a), and TPDES General Permit Number TXG830112, by failing to comply with permitted effluent limits; PENALTY: $3,680; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(18) COMPANY: Texas Eastern Transmission, L.P.; DOCKET NUMBER: 2005-1608-AIR-E; IDENTIFIER: RN100217074; LOCATION: Huxley, Shelby County, Texas; TYPE OF FACILITY: gas compressor station; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Permit Number 56608, and THSC, §382.085(b), by allegedly having exceeded the permitted allowable of 395 pounds per hour of VOCs during maintenance, startup, and shutdown activity; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(19) COMPANY: Wend-XX, Inc. dba Exxon Superstation; DOCKET NUMBER: 2005-1813-PST-E; IDENTIFIER: RN101794949; LOCATION: Texarkana, Bowie 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 §334.8(c)(4)(B) and (5)(C), by failing to ensure that the UST registration and self-certification forms are fully and accurately completed and by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied to the fill tube; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding UST fees; PENALTY: $2,880; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(20) COMPANY: City of Wichita Falls; DOCKET NUMBER: 2005-1507-PWS-E; IDENTIFIER: RN101611275; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(h)(4)(A)(i), by allegedly having failed in testing and certifying backflow prevention assemblies to be operating within specifications at least annually by a recognized backflow prevention assembly tester; PENALTY: $8,237; ENFORCEMENT COORDINATOR: David Flores, (512) 239-1165; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

TRD-200600374

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: January 24, 2006


Office of the Governor

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

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for local projects to implement comprehensive plans developed by communities under the fiscal year 2007 grant cycle.

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

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

Funding Levels: Grantees are allowed a maximum of three years of funding (this includes any years previously funded for the same project). The minimum award amount is $25,000 and the maximum award amount is $250,000.

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

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

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

(1) proselytizing or sectarian worship;

(2) lobbying;

(3) legal services for adult offenders;

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

(5) overtime pay;

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

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

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

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

(10) promotional gifts;

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

(12) membership dues for individuals;

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

(14) fundraising;

(15) medical services; and

(16) construction.

Eligible Applicants:

(1) Units of local government; and

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

Requirements:

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

(a) Alcohol and substance abuse prevention services;

(b) Tutoring and remedial education;

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

(d) Recreation services;

(e) Leadership and youth development activities;

(f) Teaching accountability;

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

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

(2) Applicants must address one or more of the following Title V purpose areas:

(a) Delinquency Prevention;

(b) Gangs;

(c) Mental Health Services;

(d) Mentoring;

(e) School Programs;

(f) Substance Abuse; or

(g) Youth Courts.

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

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

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

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

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

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

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

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

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

Project Period: Grand-funded projects must begin on or after September 1, 2006, and will expire on or before August 31, 2007.

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

Preferences: Preference will be given to applicants that demonstrate cost effective programs and comprehensive approaches to service provision.

Closing Date for Receipt of Applications: All applications must be submitted electronically to the Office of the Governor, Criminal Justice Division, via email at: cjdapps@governor.state.tx.us on or before May 1, 2006.

Selection Process:

(1) For eligible local and regional projects:

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

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

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

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

(2) For state discretionary projects, applications will be reviewed by CJD staff members or a group selected by the executive director of CJD. CJD will make all final funding decisions based on eligibility, reasonableness, availability of funding, and cost effectiveness.

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

TRD-200600393

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 25, 2006


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

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications under the Juvenile Justice and Delinquency Prevention Act fund for the state fiscal year 2007 grant cycle.

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

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

Funding Levels: No minimum/maximum funding levels.

Required Match: No match required.

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

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

(1) proselytizing or sectarian worship;

(2) lobbying;

(3) legal services for adult offenders;

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

(5) overtime pay;

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

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

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

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

(10) promotional gifts;

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

(12) membership dues for individuals;

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

(14) fundraising;

(15) medical services; and

(16) construction.

Eligible Applicants:

(1) State agencies;

(2) Units of local government;

(3) Nonprofit corporations;

(4) Indian tribes performing law enforcement functions;

(5) Crime control and prevention districts;

(6) Universities;

(7) Colleges;

(8) Independent school districts;

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

Requirements:

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

(a) Aftercare/Reentry;

(b) Alternatives to Detention;

(c) Court Services;

(d) Delinquency Prevention;

(e) Disproportionate Minority Contact;

(f) Diversion;

(g) Gangs;

(h) Jail Removal;

(i) Juvenile Justice System Improvement;

(j) Mental Health Services;

(k) Mentoring;

(l) Probation;

(m) School Programs;

(n) Sex Offender Programs;

(o) Substance Abuse; or

(p) Youth Courts.

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

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

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

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

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

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

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

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

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

Project Period: Grant-funded projects must begin on or after September 1, 2006, and expire on or before August 31, 2007.

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

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

Closing Date for Receipt of Applications: All applications must be submitted electronically to the Office of the Governor, Criminal Justice Division via email at cjdapps@governor.state.tx.us on or before May 1, 2006.

Selection Process:

(1) For eligible local and regional projects:

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

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

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

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

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

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

TRD-200600392

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 25, 2006


Request for Grant Applications (RFA) for the Safe and Drug-Free Schools and Communities (SDFSC) Act Program

The Criminal Justice Division (CJD) of the Governor’s Office is soliciting applications for projects that implement drug and violence prevention activities which compliment or support local independent school district activities during the state fiscal year 2007 grant cycle.

Purpose: The purpose of the SDFSC Act Fund Program is to support programs that prevent violence in and around schools; prevent the illegal use of alcohol, tobacco, and drugs; involve parents and communities; and are coordinated with related federal, state, school, and community efforts and resources to foster a safe and drug-free learning environment that supports student academic achievement.

Available Funding: Federal funding is authorized under the No Child Left Behind Act of 2001, Public Law 107-110.

Standards: Grantees must comply with the standards applicable to this funding source cited in Texas Administrative Code, Title 1, Part 1, Chapter 3, and the statutes, requirements, and guidelines applicable to this funding.

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

(1) legal services for adult offenders;

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

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

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

(5) construction;

(6) food, meals, beverages, or other refreshments;

(7) fundraising;

(8) lobbying;

(9) medical services;

(10) membership dues for individuals;

(11) overtime pay;

(12) promotional gifts;

(13) proselytizing or sectarian worship;

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

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

(16) weapons, ammunition, explosives or military vehicles.

Eligible Applicants:

(1) Councils of governments (COGs);

(2) Cities;

(3) Counties;

(4) Universities;

(5) Colleges;

(6) Independent school districts;

(7) Nonprofit corporations;

(8) Crime control and prevention districts;

(9) State agencies;

(10) Native American tribes;

(11) Regional education service centers;

(12) Community supervision and corrections departments;

(13) Juvenile boards; and

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

Requirements: Grant activities must include:

(1) Activities that complement and support local independent school district activities including developing and implementing activities to prevent and reduce violence associated with prejudice and intolerance;

(2) Dissemination of information about drug and violence prevention; and

(3) Development and implementation of community-wide drug and violence prevention planning and organizing.

(4) All juvenile projects or applications for projects serving delinquent or at-risk youth must address at least one of the following:

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

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

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

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

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

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

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

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

Project Period: Grant-funded projects must begin on or after September 1, 2006, and will expire on or before August 31, 2007.

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

Preferences: Preference will be given to:

(1) programs or activities that prevent illegal drug use and violence for:

(a) children and youth who are not normally served by State educational agencies or local educational agencies; and

(b) populations that need special services or additional resources (such as youth in juvenile detention facilities, runaway or homeless children and youth, pregnant and parenting teenagers, and school dropouts).

(2) programs that pursue a comprehensive approach to drug and violence prevention that includes providing and incorporating mental health services related to drug and violence prevention.

Closing Date for Receipt of Applications: All applications must be submitted to the Office of the Governor, Criminal Justice Division (CJD), via email to cjdapps@governor.state.tx.us on or before April 3, 2006.

Selection Process:

(1) For eligible local and regional projects:

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

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

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

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

(2) For state discretionary projects, applications will be reviewed by CJD staff members or a group selected by the executive director of CJD. CJD will make all final funding decisions based on eligibility, reasonableness, availability of funding, and cost effectiveness.

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

TRD-200600394

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 25, 2006


Request for Grant Applications (RFA) for the State Criminal Justice Planning (Fund 421) Program

The Criminal Justice Division (CJD) of the Governor’s Office is soliciting applications for projects that reduce crime and improve the criminal or juvenile justice system during the state fiscal year 2007 grant cycle.

Purpose: The purpose of the Fund 421 Program is to reduce crime and improve the criminal or juvenile justice systems.

Available Funding: The source of funding is a biennial appropriation by the Texas Legislature from funds collected through court costs and fees. Sections 102.056 and 102.075 of the Texas Code of Criminal Procedure establish state funding and Section 772.006 of the Texas Government Code designates CJD as the Fund’s administering agency.

Standards: Grantees must comply with the standards applicable to the Fund 421 Program as found in the Texas Administrative Code, Title 1, Part 1, Chapter 3, and the statutes, requirements, and guidelines applicable to this funding.

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

(1) proselytizing or sectarian worship;

(2) lobbying;

(3) legal services for adult offenders;

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

(5) overtime pay;

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

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

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

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

(10) promotional gifts;

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

(12) membership dues for individuals;

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

(14) fundraising;

(15) medical services; and

(16) construction.

Eligible Applicants:

(1) State agencies;

(2) Units of local government;

(3) Independent school districts;

(4) Nonprofit corporations;

(5) Native American tribes;

(6) Crime control and prevention districts;

(7) Universities;

(8) Colleges;

(9) Hospital districts;

(10) Juvenile boards;

(11) Regional education service centers;

(12) Community supervision and corrections departments;

(13) Councils of governments (COGs); and

(14) Faith-based organizations that provide direct services. Faith-based organizations must be tax-exempt nonprofit entities as certified by the Internal Revenue Service.

Requirements:

(1) Projects must focus on reducing crime and improving the criminal or juvenile justice system;

(2) All juvenile projects or applications for projects serving delinquent or at-risk youth must address at least one of the following:

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

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

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

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

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

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

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

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

Project Period: Grant-funded projects must begin on or after September 1, 2006, and will expire on or before August 31, 2007.

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

Preferences: Preference will be given to applicants who demonstrate cost effective programs focused on a comprehensive and effective approach to services.

Closing Date for Receipt of Applications: All applications must be submitted electronically to the Office of the Governor, Criminal Justice Division via email at cjdapps@governor.state.tx.us on or before April 3, 2006.

Selection Process:

(1) All applications will be reviewed for eligibility upon submission to CJD.

(2) For eligible local and regional projects:

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

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

(c) The executive committee of the COG will approve the "Priority Listing" of recommended grant applications for funding and will forward this list to CJD.

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

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

Contact person: If additional information is needed, contact Whitney Stark at whitney.stark@governor.state.tx.us or (512) 463-1919.

TRD-200600395

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 25, 2006


Request for Grant Applications (RFA) for the S.T.O.P. Violence Against Women Act (VAWA) Fund Program

The Criminal Justice Division (CJD) of the Governor’s Office is soliciting applications for projects that reduce and prevent violence against women during the state fiscal year 2007 grant cycle.

Purpose: The purpose of the VAWA Fund Program is to assist in developing and implementing effective victim-centered law enforcement, prosecution, and court strategies to address violent crimes against women and the development and enhancement of victim services in cases involving crimes against women.

Available Funding: Federal funding is authorized under the Violent Crime Control and Law Enforcement Act of 1994; Omnibus Crime Control and Safe Streets Act of 1968, as amended, §2001-6, 42 U.S.C. 3796gg to 3796gg5, and reauthorized under Division B of the Victims of Trafficking and Violence Protection Act of 2000, §1103.

Funding Levels:

(1) Minimum grant award - $5,000.

(2) Maximum grant award for Violence Against Women Courts - $250,000.

Required Match: Grantees must provide matching funds totaling at least twenty-five percent (25%) of total project expenditures. This requirement may be met through cash and/or in-kind contributions.

Standards: Grantees must comply with the standards applicable to this funding source cited in Texas Administrative Code, Title 1, Part 1, Chapter 3 and the requirements of the federal statutes that authorize this funding.

Prohibitions: Grantees may not use grant funds or program income to support the following services, activities, and costs:

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

(2) any expense or service that is readily available at no cost to the grant project or that is provided by other federal, state, or local funds (e.g., supplanting), including the Texas Crime Victims Compensation Fund;

(3) any portion of the salary of, or any other compensation for, an elected or appointed government official;

(4) cash payments to victims;

(5) employment agency fees;

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

(7) fundraising activities;

(8) legal assistance and representation in civil matters other than protective orders;

(9) legal defense services for perpetrators of violence against women;

(10) liability insurance on buildings;

(11) lobbying activities;

(12) major maintenance on buildings;

(13) membership dues for individuals;

(14) newsletters, including supplies, printing, postage and time;

(15) overtime;

(16) promotional gifts;

(17) property loss. Grant funds may not be used to reimburse victims for expenses incurred as a result of a crime, such as insurance deductibles, replacement of stolen property, funeral expenses, lost wages, and medical bills;

(18) proselytizing or sectarian worship;

(19) services for programs that focus on children and/or men;

(20) sexual assault or domestic violence prevention curricula developed for schools;

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

(22) vehicles or equipment for governmental agencies that are for general agency use; and

(23) weapons, ammunition, explosives, or military vehicles.

Eligible Applicants:

(1) State agencies;

(2) Units of local government;

(3) Nonprofit corporations;

(4) Indian tribal governments;

(5) Councils of governments (COGs);

(6) Universities;

(7) Colleges;

(8) Community supervision and corrections departments;

(9) Crime control and prevention districts; and

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

Requirements:

(1) All applicants must meet at least one of the following eligible purpose areas established by the federal Office on Violence Against Women and codified by 28 C.F.R. §90:

(a) training law enforcement officers, judges, other court personnel, and prosecutors to more effectively identify and respond to violent crimes against women;

(b) developing, training or expanding units of law enforcement officers, judges, other court personnel, and prosecutors specifically targeting violent crimes against women;

(c) developing more effective police, court, and prosecution policies, protocols, orders, and services devoted to preventing, identifying, and responding to violent crimes against women;

(d) developing, installing, or expanding data collection and communication systems, including computerized systems linking police, prosecutors, and the courts or to identify and track arrests, protection orders, prosecutions, and convictions;

(e) developing, enlarging, or strengthening victim services programs including improving delivery of services to underserved populations and providing specialized domestic violence court advocates;

(f) developing, expanding or strengthening programs addressing stalking;

(g) developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with violent crimes against women;

(h) supporting formal and informal statewide, multidisciplinary efforts, to the extent not supported by state funds, to coordinate the response of state law enforcement agencies, prosecutors, courts, victim services agencies, and other state agencies and departments, to violent crimes against women, including the crimes of sexual assault, domestic violence, and dating violence;

(i) training of sexual assault forensic medical personnel examiners in the collection and preservation of evidence, analysis, prevention, and providing expert testimony and treatment of trauma related to sexual assault;

(j) developing, enlarging, or strengthening programs to assist law enforcement, prosecutors, courts, and others to address the needs and circumstances of older and disabled women who are victims of domestic violence or sexual assault, including recognizing, investigating, and prosecuting instances of such violence or assault and targeting outreach and support, counseling, and other victim services to such older and disabled individuals; or

(k) providing assistance to victims of domestic violence and sexual assault in immigration matters.

Project Period: Grant-funded projects must begin on or after September 1, 2006, and will expire on or before August 31, 2007.

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

Preferences: Preference will be given to applicants that:

(1) demonstrate cost-effective programs focused on proven or promising approaches to service provision; and

(2) focus on developing and strengthening:

(a) services for violent crimes against women; or

(b) effective law enforcement, prosecution, and court strategies to combat violent crimes against women.

Closing Date for Receipt of Applications: All applications must be submitted electronically to the Office of the Governor, Criminal Justice Division via email at cjdapps@governor.state.tx.us on or before April 3, 2006.

Selection Process:

(1) For eligible local and regional projects:

(a) Applications are forwarded by CJD to the appropriate regional councils of government (COG).

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

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

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

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

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

TRD-200600391

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: January 25, 2006


Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200600386

Cathy Campbell

General Counsel

Department of State Health Services

Filed: January 24, 2006


Notice of an Agreed Order Issued on January 23, 2006 to Registrant Hemmo A. Bosscher, M.D., P.A.

An Agreed Order is hereby issued by the Department of State Health Services (department) to Hemmo A. Bosscher, M.D., P.A., (registration #R29371-000) of Lubbock. A total penalty of $2,000 shall be paid by registrant for violations of 25 TAC Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

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-200600385

Cathy Campbell

General Counsel

Department of State Health Services

Filed: January 24, 2006


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation of Registrant KI4U, 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 KI4U, Inc. (License #L05515-000) of Gonzales. A total penalty of $4,000 is proposed to be assessed to the registrant for alleged violations of 25 TAC 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-200600384

Cathy Campbell

General Counsel

Department of State Health Services

Filed: January 24, 2006


Texas Department of Housing and Community Affairs

Notice of Public Hearing

Multifamily Housing Revenue Bonds (Beverly Place Apartments) Series 2006

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Travis Elementary, 1115 Lakeview Avenue, Port Arthur, Jefferson County, Texas 77642, at 6:00 p.m. on February 23, 2006 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $1,700,000 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 VOA Texas Beverly Place, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, rehabilitating, and equipping a multifamily housing development (the "Development") described as follows: 124-unit multifamily residential rental development located at 5307 Gulfway Drive, Groves, Jefferson County, Texas. Upon the issuance of the Bonds, the Development 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 Teresa Morales at the Texas Department of Housing and Community Affairs, P. O. Box 13941 Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Teresa Morales in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Teresa Morales prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Teresa Morales 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-200600377

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 24, 2006


Notice of Public Hearing

Multifamily Housing Revenue Bonds (Creekside Manor Senior Community Apartments) Series 2006

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Cedar Valley Elementary School, 4801 Chantz Drive, Killeen, Bell County, Texas 76542, at 6:30 p.m. on February 22, 2006 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $10,500,000 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 OHC/Killeen, 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 senior housing development (the "Development") described as follows: 180-unit multifamily senior residential rental development to be located at approximately 200 yards east of the southeast corner of the intersection of Highway 190 and O. W. Curry and approximately 300 feet south of the Highway 190 service road, Bell County, Texas. Upon the issuance of the Bonds, the Development 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 Teresa Morales at the Texas Department of Housing and Community Affairs, P. O. Box 13941 Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Teresa Morales in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Teresa Morales prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Teresa Morales 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-200600378

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 24, 2006


Notice of Public Hearing

Multifamily Housing Revenue Bonds (Generations at Mansfield Apartments) Series 2006

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Mary Orr Intermediate, 2900 East Broad Street, Mansfield, Tarrant County, Texas 76063, at 6:00 p.m. on February 21, 2006 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $16,100,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to GS 360 Housing, 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: 252-unit multifamily intergenerational residential rental development to be located approximately 1,000 feet north of South Miller Road and to the east of the Highway 360 frontage road and adjacent to Mansfield National Golf Club (located at 3750 National Parkway), Tarrant County, Texas. A physical address has not been assigned by the City of Mansfield. Upon the issuance of the Bonds, the Development 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 Teresa Morales at the Texas Department of Housing and Community Affairs, P. O. Box 13941 Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Teresa Morales in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Teresa Morales prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Teresa Morales 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-200600390

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 24, 2006


Notice of Public Hearing on Section 8 Program 2006 Annual Plan

Section 511 of Title V of the Quality Housing and Work Responsibility Act of 1998 (P.L. 205-276 or 42 United States Code 1437 (c-1)) requires the Texas Department of Housing and Community Affairs (the Department) to prepare a 2006 Annual Plan. Title 24, Section 903.17 of the Code of Federal Regulations requires that the Department conduct a public hearing regarding this plan. The Department will hold a public hearing to receive comments from any interested party for the development of the Department's 2006 Annual Plan. The hearing will take place at the following time and location:

March 16, 2006

Texas Department of Housing and Community Affairs

221 East 11th Street, Room 125

Austin, Texas

1:30 PM - 4:30 PM

The proposed 2006 Annual Plan and all supporting documentation are available to the public for viewing at the Department's main office, 221 East 11th, Attention: Section 8 Program, Austin, Texas on weekdays during the hours of 8:00 AM until 4:30 PM. The proposed plan will also be available for viewing on the Department's website at www.tdhca.state.tx.us/sec8.htm.

Questions or requests for additional information may be directed to E. E. Fariss, Director, Community Affairs Division at efariss@tdhca.state.tx.us or by mail P.O. Box 13941, Austin, Texas 78711-3941, (512) 475-3897. Comments must be received by 5:00 PM Friday, March 24, 2006.

Individuals who require auxiliary aids or services for this hearing should contact Gina Esteves at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least 2 days before the scheduled hearing.

TRD-200600376

Edwina Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 24, 2006


Houston-Galveston Area Council

Request for Proposal

The Houston-Galveston Area Council solicits qualified organizations to assist The WorkSource in the creation of Equal Opportunity (EO) standards and guidelines for the Gulf Coast Workforce system. A proposal package will be available for download at http://theworksource.org/4contractor/rfp.html and http://h-gac.com beginning at 12:00 noon Central Standard Time on Monday, January 23, 2006. Hard copies of the proposal package will also be available at that time. There will not be a bidders' conference for this procurement. Proposals are due at H-GAC offices on or before 5:00 p.m. Central Standard Time on Thursday, February 9, 2006. Mailed proposals must be postmarked no later than Tuesday, February 7, 2006. H-GAC will not accept late proposals; we will make no exceptions. Prospective bidders may contact Carol Kimmick at 713.627.3200 or ckimmick@theworksource.org or visit the web site to request a proposal package.

TRD-200600344

Jack Steele

Executive Director

Houston-Galveston Area Council

Filed: January 23, 2006


Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by AMERICAN COMMUNITY MUTUAL INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Livonia, Michigan.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200600286

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: January 19, 2006


Company Licensing

Application for incorporation to the State of Texas by TEXAS HERITAGE INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Brenham, Texas.

Application to change the name of PACIFIC SPECIALTY LLOYDS to PACIFIC PROPERTY & CASUALTY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Menlo Park, California.

Application to change the name of MONUMENTAL GENERAL CASUALTY COMPANY to WORK FIRST CASUALTY COMPANY, a foreign fire and/or casualty company. The home office is in Elkton, Maryland.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200600403

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: January 25, 2006


Notice of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket No. 2635, on February 15, 2006 at 10:30 a.m. in Room 102 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, concerning 28 TAC §21.1004 relating to the use of residential property insurance claims in rating programs, including surcharge and claims-free programs.

The proposed new section and the statutory authority for the proposed section were published in the December 2, 2005, issue of the Texas Register (30 TexReg 7994).

TRD-200600365

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: January 23, 2006


Texas Lottery Commission

Instant Game Number 637 "3 of a Kind"

1.0 Name and Style of Game.

A. The name of Instant Game No. 637 is "3 OF A KIND". The play style is "key symbol match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 637 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 637.

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: A, K, Q, J, 10, 9, 8, 7, 6, 5, 4, 3, 2, JOKER SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $500, $1,000, $5,000 and $75,000.

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

Figure 1: 16 TAC GAME NO. 637 - 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: 16 TAC GAME NO. 637 - 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, $100 or $500.

I. High-Tier Prize- A prize of $1,000, $5,000 or $75,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (637), 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: 637-0000001-001.

L. Pack - A pack of "3 OF A KIND" 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 "3 OF A KIND" Instant Game No. 637 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 "3 OF A KIND" Instant Game is determined once the latex on the ticket is scratched off to expose 60 (sixty) Play Symbols. If a player reveals 3 (three) matching cards within the same hand, the player wins the prize shown for that hand. If the player reveals a JOKER SYMBOL, the player instantly wins DOUBLE the prize shown for that hand. 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 60 (sixty) 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 60 (sixty) 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 60 (sixty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 60 (sixty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. No duplicate non-winning hands on a ticket (in the same order.)

D. No four or more like play symbols within a hand.

E. No hand will create a full house or straight.

F. The JOKER SYMBOL will only appear once on intended winning tickets as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "3 OF A KIND" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "3 OF A KIND" Instant Game prize of $1,000, $5,000 or $75,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $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 "3 OF A KIND" 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;

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 "3 OF A KIND" 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 "3 OF A KIND" 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 5,040,000 tickets in the Instant Game No. 637. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 637 - 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. 637 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. 637, 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-200600312

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 20, 2006


Instant Game Number 649 "Bubble Bucks"

1.0 Name and Style of Game.

A. The name of Instant Game No. 649 is "BUBBLE BUCKS". The play style is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 649 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 649.

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: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40.

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: 16 TAC GAME NO. 649 - 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: 16 TAC GAME NO. 649 - 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 $50.00, $100 or $500.

I. High-Tier Prize- A prize of $1,000 or $30,000.

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 (649), 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: 649-0000001-001.

L. Pack - A pack of "BUBBLE BUCKS" Instant Game tickets contains 125 tickets, 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. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a 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.

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 "BUBBLE BUCKS" Instant Game No. 649 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 "BUBBLE BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose 37 (thirty-seven) Play Symbols. A player scratches the TUB NUMBERS play symbols; then scratches all of the BUBBLE NUMBERS play symbols which exactly match any of the TUB NUMBERS play symbols. A player wins the prize shown in the prize legend for that number of bubbles matched. 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 37 (thirty-seven) 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 37 (thirty-seven) 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 37 (thirty-seven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 37 (thirty-seven) 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. No duplicate numbers will appear in the TUB NUMBERS play area.

C. No duplicate numbers will appear in the BUBBLE NUMBERS play area.

D. The TUB NUMBERS play area contains fifteen (15) numbers. The BUBBLE NUMBERS play area contains twenty-two (22) numbers.

E. TUB NUMBERS will range from one (01) to forty (40). BUBBLE NUMBERS will range from one (01) to forty (40).

F. There will never be more than fifteen (15) matches on winning or non-winning tickets.

G. No ticket will win more than one (1) instant prize as per the prize structure.

H. Only the highest prize will be paid per ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "BUBBLE BUCKS" Instant Game prize of $3.00, $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "BUBBLE BUCKS" Instant Game prize of $1,000 or $30,000, 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 "BUBBLE BUCKS" 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;

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 "BUBBLE BUCKS" 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 "BUBBLE BUCKS" 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. 649. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 649 - 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. 649 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. 649, 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-200600313

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 20, 2006


North Central Texas Council of Governments

Notice of Suspension of Due Date for Consultant Responses to Request for Proposals

Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments (NCTCOG) publishes this notice of Request for Proposal (RFP) suspension of due date. The NCTCOG suspended the due date of January 20, 2006 for consultant responses to the Request for Proposals to Manage the Operations and Activities of an Air Quality Public Education and Information Program's Business Community Awareness Campaign, Conduct a Business Oriented Pilot Program, and to Perform Outreach to the North Texas Business Community. This RFP was originally issued by NCTCOG on December 16, 2005.

TRD-200600399

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: January 25, 2006


Permian Basin Workforce Development Board

Request for Proposals for Workforce Services

The Permian Basin Workforce Development Board announces the release of a Request for Proposal (RFP) for workforce services effective February 8, 2006. All interested private not-for-profit, private for-profit, or public agencies/organizations are invited to submit a proposal. The purpose of the RFP is to purchase services to manage and operate the workforce network center system. The selected contractor will provide workforce services to employers, job seekers, and youth in a business-driven environment. Services will be delivered in the 17 counties of the Permian Basin: Andrews, Borden, Crane, Dawson, Ector, Gaines, Glasscock, Howard, Loving, Martin, Midland, Pecos, Reeves, Terrell, Upton, Ward, and Winkler.

A RFP packet may be obtained beginning February 8, 2006 by contacting: Gail Dickenson, Permian Basin Workforce Development Board, P.O. Box 61947, Midland, Texas 79711, telephone (432) 563-5239, fax (432) 561-8785.

The deadline for submitting a proposal is March 22, 2006 at 5:00 p.m. Central Daylight Savings Time. A mandatory bidder's conference will be held February 24, 2006 at the Center for Energy and Economic Diversification.

TRD-200600367

Gail Dickenson

Deputy Director

Permian Basin Workforce Development Board

Filed: January 23, 2006


Public Utility Commission of Texas

Announcement of Application for State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas received an application on January 18, 2006, for a state-issued certificate of franchise authority (CFA), pursuant to Public Utility Regulatory Act (PURA) §§66.001 - 66.016. A summary of the application follows.

Project Title and Number: Application of Time Warner Entertainment-Advance/Newhouse Partnership, doing business as Time Warner Cable, for a State-Issued Certificate of Franchise Authority, Project Number 32301 before the Public Utility Commission of Texas.

Applicant intends to provide cable service. The requested CFA service area includes all areas within the boundaries of the City of Lacy-Lakeview, including any future annexations.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 32301.

TRD-200600369

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 23, 2006


Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 19, 2006, for retail electric provider (REP) certification, pursuant to Public Utility Regulatory Act (PURA) §§39.101 - 39.109. A summary of the application follows.

Docket Title and Number: Application of WPS Energy Services, Incorporated for Retail Electric Provider (REP) Certification, Docket Number 32303 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire state of Texas.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 10, 2006. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32303.

TRD-200600370

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 23, 2006


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

On January 17, 2006, New Edge Networks 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 60282. Applicant intends to reflect a change in ownership/control.

The Application: Application of New Edge Networks for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 32291.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 8, 2006. 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 32291.

TRD-200600311

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2006


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 19, 2006, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of NationsLine Central, Incorporated for a Service Provider Certificate of Operating Authority, Docket Number 32308 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, T1-Private Line, and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by AT&T Texas, Verizon, and Sprint.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 8, 2006. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32308.

TRD-200600371

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 23, 2006


Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule 26.214

Notice is given to the public of the filing on January 18, 2006, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule 26.214. The Applicant will file the LRIC study on or about January 30, 2006.

Docket Title and Number: Application of Central Telephone Company of Texas d/b/a Sprint for Approval of Long Run Incremental Cost Study to Introduce Vanity Listings Pursuant to P.U.C. Substantive Rule 26.214, Docket Number 32298.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the Long Run Incremental Cost Study referencing Docket Number 32298. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 32298.

TRD-200600287

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 19, 2006


Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule 26.214

Notice is given to the public of the filing on January 18, 2006, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule 26.214. The Applicant will file the LRIC study on or about January 30, 2006.

Docket Title and Number: Application of United Telephone Company of Texas, Inc. d/b/a Sprint for Approval of Long Run Incremental Cost Study to Introduce Vanity Listings Pursuant to P.U.C. Substantive Rule 26.214, Docket Number 32299.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the Long Run Incremental Cost Study referencing Docket Number 32299. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 32299.

TRD-200600288

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 19, 2006


Notice of Petition for Approval of Fuel-Related Provisions of Rate Agreement

Notice is given to the public of petition for approval of fuel-related provisions of rate agreement filed with the Public Utility Commission of Texas on January 17, 2006.

Docket Style and Number: Petition of El Paso Electric Company and the City of El Paso for Approval of Fuel-Related Provisions of Rate Agreement. Docket Number 32289.

The Application: El Paso Electric Company (EPE) and the City of El Paso (City) filed an application with the Public Utility Commission of Texas (commission) for approval of the Rate Agreement entered into by the City and EPE. Alternatively, EPE and the City request a good cause exception to P.U.C. Substantive Rule 25.236 to implement the fuel-related provisions of the Rate Agreement. The Proposed Rate Agreement, in effect on July 1, 2005, extends the existing base rate freeze within the City of El Paso and the treatment of certain fuel-related costs and expenses previously established in the Agreed Order and Stipulation (Stipulation) in Docket Number 12700, Application of El Paso Electric Co. for Authority to Change Rates and for Approval of Reacquisition of Palo Verde Leased Assets (Aug. 30, 1995). The Stipulation adopted in Docket Number 12700 required EPE to reconcile its fuel and purchased power costs according to Commission Substantive Rules in effect on July 1, 1995, required that EPE share wheeling revenues and margins on off-system sales with its Texas customers, and continued performance standards for the Palo Verde Nuclear Generating Station.

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 32289.

TRD-200600318

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2006


Stephen F. Austin State University

Notice of Consultant Contract Renewal

Stephen F. Austin State University, Nacogdoches, Texas, intends to renew a contract for environmental services with Hydrex, 1128 N.W. Stallings, Nacogdoches, Texas 75964-3428. The firm will perform environmental assessments for projects as requested.

The original contract was in the sum of $45,000 and was published in the November 18, 2005, issue of the Texas Register (30 TexReg 7788). The contract will be renewed beginning February 19, 2006 and continuing through August 31, 2011, with a total amount not to exceed $150,000.

Documents, films, recording, or reports of intangible results may be presented by the outside consultant. Services will be on an as needed basis.

All inquiries should be directed to Diana Boubel, Director of Purchasing, Stephen F. Austin State University, P.O. Box 13030, SFA Station, Nacogdoches, Texas 75962; e-mail dboubel@sfasu.edu; fax (936) 468-4282; telephone (936) 468-4037.

TRD-200600320

R. Yvette Clark

General Counsel

Stephen F. Austin State University

Filed: January 20, 2006


Texas Department of Transportation

Notice of Intent, Grand Parkway (SH99) Segments H and I-1

Pursuant to 43 TAC §2.43(c)(8)(B), the Texas Department of Transportation (TxDOT), in cooperation with the Federal Highway Administration (FHWA) and the Grand Parkway Association, is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for transportation alternatives included in Segments H and I-1 of the proposed Grand Parkway. Segments H and I-1 are located on the northeast side of the greater Houston metropolitan area and span the area from US 59 (N) to IH 10 (E) generally between FM 2100 and SH 146 in Montgomery, Harris, Liberty, and Chambers counties, a distance of approximately 36 miles.

The proposed Grand Parkway is planned as a 182-mile circumferential highway facility around the greater Houston metropolitan area. It would provide access to radial freeways and would serve as a third loop around the City of Houston. The Grand Parkway has been divided into 11 segments of independent utility. Currently, Segment D (US 59 S to IH 10 W) of the Grand Parkway is open to the traveling public. Segment D is 19 miles long and is located on the southwest side of the greater Houston metropolitan area. The remaining Segments A (SH 146 to IH 45 S), B (IH 45 S to SH 288), C (US 59 S to SH 288), E (IH 10 W to US 290), F1 (US 290 to SH 249), F2 (SH 249 to IH 45 N), G (IH 45 N to US 59 N), and I-2 (IH 10 E to SH 146) are in various stages of project development. Segments H and I-1 are planned as a four-lane, limited access, toll facility within a 400-foot wide right-of-way.

SH 99 is a key element of the 2025 Regional Transportation Plan, a transportation program developed by the Houston-Galveston Area Council. The project is planned as a toll facility in the 2025 regional plan.

The EIS will include a preferred alternative alignment, number of lanes, roadway configuration, and operational characteristics of the proposed roadway. Alternatives to be studied include "no-action" (the no-build alternative), Transportation System Management (TSM)/Transportation Demand Management (TDM) alternative, mass transit alternative, and roadway build alternatives. The EIS will evaluate potential impacts from construction and operation of the proposed roadway including, but not limited to, the following: transportation impacts (construction detours, construction traffic, mobility improvement, and evacuation improvement), air and noise impacts from construction equipment and operation of the facilities, water quality impacts from construction area and roadway storm water runoff, impacts to waters of the United States including wetlands from right-of-way encroachment, impacts to historic and archeological resources, impacts to floodplains, and impacts and/or potential displacements to residents and businesses.

Correspondence describing the proposed project and soliciting comments has been sent to appropriate federal, state, regional, and local agencies and to organizations and persons who have previously expressed an interest or are known to have an interest in this project.

TxDOT and the Grand Parkway Association will conduct two public scoping meetings in separate locations. The first public meeting/scoping meeting will be held from 6:00 p.m. to 8:00 p.m. on Tuesday, February 28, 2006 at Wilson Junior High School, 309 Highway 146, Dayton, Texas. The second meeting will be held on Wednesday, March 1, 2006 from 6:00 p.m. to 8:00 p.m. at Barbers Hill High School, 9600 Eagle Drive, Mont Belvieu, Texas.

The public scoping meetings will be conducted in an open house format with no formal presentation, and both meetings will present the same information. At least 30 days and 10 days prior to the public scoping meetings, notices will be published in newspapers having general circulation in the project area. These will be the first in a series of meetings to solicit public comments on the proposed action as part of the National Environmental Policy Act (NEPA) process.

Persons who have special communication, access, or accommodation needs should contact TxDOT's public information office at (713) 802-5072 at least two working days prior to the meeting. TxDOT offices are open Monday - Friday, from 8:00 a.m. to 5:00 p.m., excluding national holidays. The public meetings will be conducted in English. Requests for language interpreters should also be made at least two working days in advance of the meeting/hearing/workshop. TxDOT will make all reasonable efforts to accommodate these needs.

Public involvement will occur throughout the planning process. Public notice will be given stating the time and place of future public meetings and hearings. The Draft EIS will be available for public and agency review and comment prior to a public hearing.

To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties. Comments or questions concerning this proposed action and the EIS should be directed to TxDOT at the address provided.

Agency Contact : Comments or questions concerning this proposed action and the EIS should be sent to Dianna F. Noble, P.E., Texas Department of Transportation, Environmental Affairs Division, 125 E. 11th Street, Austin, Texas 78701; phone (512) 416-2734.

TRD-200600405

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 25, 2006


Notice of Invitation

The Texas Department of Transportation (TxDOT or the department) announces a Request for Proposal (RFP) for workforce transportation projects in border colonias. The project will be funded through the Federal Transit Administration (FTA) Job Access and Reverse Commute (JARC) Program and will be administered by the Public Transportation Division of TxDOT. The RFP is available in electronic and printed format from the department. See "To Obtain a Copy of the RFP" later in this notice.

Purpose : The purpose of the funding is to develop, support, or promote access to jobs and/or support services in colonias, recognized by the Office of the Attorney General in 30 counties. (See http://maps.oag.state.tx.us/colgeog/imagemap.htm .) Localities have wide flexibility in selecting service strategies that are appropriate to their areas.

Eligible Applicants : Eligible applicants include local governments, metropolitan planning organizations, workforce development boards, public transit agencies, tribal organizations, and private non-profit organizations.

Availability of Funds : A maximum of $2,379,023 will be available to fund the competitively selected job access proposals requested by this RFP. The department anticipates the project period to be from September 2006 to August 31, 2008.

Program Goal : The department seeks proposals for services to develop, promote, or support transportation to work and work-related services for colonias residents in designated counties. Work-related services include travel to training, job interviews, and day care facilities. Proposers must demonstrate the use of a collaborative human services/transportation planning process that includes: (1) involvement with the regional planning process underway in response to Transportation Code, Chapter 461 mandates for coordinated transportation; (2) outreach efforts to colonia residents; and (3) attention to the work transportation needs of persons with disabilities.

Eligible Expenses : Vehicle purchases, purchase of transportation services, and operating costs are eligible for this reimbursement program. For vehicle purchases only, the Texas Transportation Commission has expressed an intention to consider formal award of transportation development credits for the local match. The local match for all expenses is 50%. Documented in-kind (non-cash) match may be used where appropriate.

Review and Award Criteria : The RFP follows procedures set forth by the FTA in the April 8, 2002 Federal Register , available on the FTA website http://www.fta.dot.gov/legal/federal_register/2002/278_1479_ENG_HTML.htm .

Each application will first be screened for completeness and timeliness. Proposals that are deemed incomplete or arrive after the deadline will not be reviewed. The proposals will be evaluated using the criteria and review process described in the RFP.

Deadline : Proposals prepared according to instructions in the RFP package must be received by TxDOT Public Transportation Division, 150 East Riverside Drive, Austin, Texas 78704 by 4:00 p.m. on April 20, 2006.

To Obtain a Copy of the RFP : A copy of the RFP is available from the Public Transportation Division on-line at http://www.dot.state.tx.us/ptn/geninfo.htm , under the heading "JARC Colonias Project". Interested parties should download both the Request for Proposal and the Project Application Form. Interested parties may also contact Karen Dunlap, TxDOT-PTN, 125 East 11th Street, Austin, Texas 78701-2483, (512) 416-2817 for paper copies of the Request for Proposal and the Project Application Form.

TRD-200600406

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 25, 2006


Public Notice - Aviation

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

For information regarding actions and times for aviation public hearings, please go to the following web site: http://www.dot.state.tx.us . Click on Aviation, then click on Aviation Public Hearing. Or, contact Joyce Moulton, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 800-68- PILOT.

TRD-200600404

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 25, 2006


The University of Texas System

Invitation for Consultants to Provide Offers of Consulting Services

Pursuant to Texas Government Code , Section 2254.029, The University of Texas System (the "University") is currently seeking a marketing/advertising consultant to help brand and position the University. The University seeks to enhance the public's knowledge and understanding of the breadth and scope of The University of Texas System and its 15 institutions, their impact on the state in a variety of areas including health care, economic impact, K-16 education, and research breakthroughs.

The University is looking for a Proposer to provide the assistance the University requires to conduct research interviews with key audiences and analyze that data, conduct media planning, and draft a creative strategy that will be used to develop creative concepts.

The Chancellor has made a finding that the Consulting Services are necessary. While the University has a substantial need for the Consulting Services, the University does not currently have staff with expertise or experience with the Consulting Services and the University cannot obtain such Consulting Services through a contract with another state governmental entity.

The award for services will be made by the University basing its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal, the University will give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.

The individual to be contacted with an offer to provide such consulting services or to obtain a copy of the Invitation for Offers for the consulting services identified in this invitation is:

Melissa Segrest, Director of Communications, 601 Colorado St., Austin, Texas 78701. Voice: (512) 322-3775. Email: msegrest@utsystem.edu.

The proposal submission deadline will be February 28, 2006.

TRD-200600317

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: January 20, 2006


Texas Water Development Board

Request for Applications for Planning and Project Grants Under the FEMA Flood Mitigation Assistance (FMA) Program

The Texas Water Development Board (Board) requests the submission of applications leading to the possible award of grants to develop Flood Mitigation Plans and implement flood mitigation projects for areas in Texas from communities with the legal authority to plan for and mitigate the impacts of flooding, and which participate in the National Flood Insurance Program (NFIP). A community is defined as (a) a political subdivision, including any Indian tribe or authorized native organization, that has zoning and building code jurisdiction over a particular area having special flood hazards, and which is participating in the NFIP, or (b) a political subdivision or other authority that is designated to develop and administer a mitigation plan by political subdivisions, all of which meet the requirements of (a). Eligible applicants from any area of the State may submit applications for Flood Mitigation Assistance Planning and Project Grants. The available funding amounts for Federal Fiscal Year 2006 are $179,000 for Planning Grants and $1,930,000 for Project Grants. These grants all require a 25 percent local match, of which not more than one-half (12.5 percent) may be in the form of in-kind services. No award for a Planning Grant may exceed $50,000, and no single community may receive more than one Planning Grant per five-year period. Project Grant limits are cumulative funding not to exceed $3,300,000 to any single community over a five-year period.

The purpose of the FMA Program is to provide Planning and Project grants to develop or update Flood Mitigation Plans, and for implementing flood mitigation projects. The overall goal of the program is to fund cost-effective measures that reduce or eliminate the long-term risk of flood damage to buildings, manufactured homes, and other NFIP-insurable structures. Specific goals include reducing the number of repetitively or substantially damaged structures and associated claims under the NFIP, and encouraging long-term comprehensive mitigation planning.

Planning Grants are awarded to eligible communities to develop the Flood Mitigation Plan for their planning area. Among the requirements for Project Grant applications is this FEMA approved Flood Mitigation Plan. A copy of the approved Plan must be submitted as an attachment to the applicant's Project Grant application submittal. Information contained within the NFIP Community Rating System (CRS) for the applying community or the community's Plan submitted in compliance with the Disaster Mitigation Act of 2000 (DMA 2000) may suffice as a Flood Mitigation Plan; however, approval of this as a Flood Mitigation Plan is made by FEMA. In addition, applicants must supply a map of the geographical planning area and/or the area considered for the flood mitigation project. Deadline for submitting applications for the Planning and/or Project Grant funds is 5:00 PM, March 15, 2006. FEMA requires that applicants use the Electronic Grants Management System (eGrants). Only FMA grant applications submitted through eGrants will be accepted. Applications will be evaluated according to rules provided in 31 Texas Administrative Code Chapter 368. Potential applicants for FMA Planning and/or Project Grants should contact the Board to obtain these rules (which include eligibility requirements).

Interested eligible communities should direct requests for eGrant system access to Phyllis Thomas at (512) 463-3154, or Gilbert Ward at (512) 463-6418, by e-mail to phyllis.thomas@twdb.state.tx.us or gilbert.ward@twdb.state.tx.us. Information is also available from the Board's web site at www.twdb.state.tx.us under the heading, "Hot Topics."

TRD-200600330

Wendall Corrigan Braniff

General Counsel

Texas Water Development Board

Filed: January 20, 2006


Request for Statements of Qualifications Water Research Study Priority Topics

The Texas Water Development Board (board and/or TWDB) requests the submission of Statements of Qualifications (SOQs) from interested applicants leading to the possible award of contracts for State Fiscal Year 2006 to conduct water research on two priority topics. The total amount of the grants awarded by the board shall not exceed $500,000 from the Research and Planning Fund. Rules governing the Research and Planning Fund (31 Texas Administrative Code (TAC), Chapter 355) are available upon request from the board, or may be found at the Secretary of State's Internet address: {http://www.sos.state.tx.us/tac/}; then sequentially select, "TAC Viewer," "Title 31," "Part 10," and "Chapter 355." Guidelines for responding to the SOQ, which include an application form and detailed information on the research topic, will be available at the board's website at: {http://www.twdb.state.tx.us/publications/requestforproposals/requestsforproposals_index.htm}, or will be provided upon request.

Description of the Research Objectives and Purpose

The board's grant contribution is estimated not to exceed the posted dollar value adjacent the priority research topic. SOQs are requested for the following priority research:

Socioeconomic analysis of major interbasin transfers in Texas ($200,000)

Prior to the passage of Senate Bill 1, 75th Texas Legislature, over 99 interbasin water transfers had been permitted in Texas. Before 1997, an interested party could purchase an existing water right from outside of their river basin and the right would retain its legal status with respect to prior appropriation. However, Senate Bill 1 imposed new restrictions on interbasin transfers. Under the new law, certain existing water rights transferred outside of their basin of origin automatically became the most junior water right. In other words, in times of shortages, these junior water rights would be the first to be reduced or temporarily suspended.

Thus, Senate Bill 1 diminished the perceived value of interbasin transfers to potential buyers seeking a dependable source of water, including during times of drought. This may be evident by the fact that local and regional interests throughout the state identified and evaluated a range of interbasin transfers as potential water strategies in the 2001 Regional Water Plans, and few were recommended as preferred strategies. Under Texas law, those that were recommended would be subject to the junior water rights provision. In some regions, the diminished value of interbasin transfers has contributed to an over-reliance on alternative strategies, including pumping water from increasingly limited groundwater resources.

Interbasin transfers may be an effective way to meet some of Texas' future water supply needs; and as a result, they require closer scrutiny in the context of state water planning and permitting. Specifically, analysis is needed to evaluate the socioeconomic aspects of major interbasin transfers recommended as water management strategies in the 2002 State Water Plan, and in the 2001 and 2006 Regional Water Plans. The goal of the proposed research is to:

(1) summarize and discuss major interbasin transfers identified in the 2002 State Water Plan and in the 2001 and 2006 Regional Water Plans, and compare the life-cycle costs of these transfers to alternative strategies;

(2) estimate and compare the economic value of transferred water as it relates to the level of economic and social activity that the water supports in its pre-transfer and its post-transfer use(s); and

(3) analyze how the economic value of transferred water changes under two scenarios: a) the status quo assuming that transferred water becomes junior in status; and b) an alternative scenario assuming that transferred water retains in original legal status.

Reservoir site acquisition ($300,000)

Approximately 100 potential reservoir projects have been identified or recommended in the past 40 years of state water planning. Some of these sites are no longer viable due to development, but many are still under consideration, and have been identified as being needed to meet future water supply needs. Analysis of all reservoir sites that have been considered by the state for water supply purposes, using digital topographic data, modern GIS techniques and the Texas Commission on Environmental Quality Water Availability Models offers the possibility of narrowing down the list of a hundred or so down to the few that remain potentially feasible. Determining the extent and exact location of the reservoir footprint would enable land acquisition costs to be estimated. Furthermore, study of the recently released 2004 aerial photographs (DOQs) held by TNRIS would allow users to estimate the extent of wetlands and bottomland hardwoods for these potentially feasible sites, which in turn would help determine likely mitigation needs for reservoir construction.

The approach will involve the following steps:

(1) Develop a list of all potential reservoir sites considered by the state for water supply purposes in the last 40 years.

(2) Develop a matrix/filter and apply to the list of sites generated in Step 1, to determine those sites that are still potentially feasible. Collaboration will take place with TWDB to determine cutoff for sites needing further study.

(3) Using the Water Availability Models (WAMs), evaluate yield of sites remaining after Step 2; and determine land acquisition costs, mitigation costs and approximate cost of reservoir construction.

(4) In collaboration with TWDB, prioritize remaining reservoir sites for the state.

The goal of this research is to facilitate assessment of the viability of a state program to acquire and protect land for future development of surface water supplies.

Description of Applicant Criteria

The applicant should:

(1) demonstrate prior experience in the priority research topic;

(2) be able to review, research, analyze, evaluate, and interpret data and research findings; and

(3) have excellent oral presentation and writing abilities.

If the applicant is short-listed, the applicant should be prepared to make an oral presentation to board staff. The scope of work, schedule, and contract amount will be negotiated after the board selects the most qualified applicant. Failure to reach a negotiated contract may result in subsequent negotiations with the next most-qualified applicant; however, a negotiation will not occur with applicants who are determined by the board to be unqualified or otherwise unsuited to perform the requested research. Applicants selected to conduct the research may be required to present the results of their research at one or more of the board's monthly public meetings.

Deadline for Submittal, Review Criteria and Contact Person for Additional Information

Historically Underutilized Businesses are encouraged to submit statements of qualifications and/or participate as sub-contractors in the water research program. Ten double-sided, double-spaced copies of a completed Statement of Qualifications must be filed with the board prior to 5:00 PM, March 16, 2006. Respondents to this request shall limit their Statement of Qualifications to the size previously mentioned, excluding the resumes of the project team members. Statements of Qualifications can be directed either in person to Phyllis Thomas, Texas Water Development Board, Stephen F. Austin Building, Room 537, 1700 North Congress Avenue, Austin, Texas; or by mail to Phyllis Thomas, Texas Water Development Board, P.O. Box 13231--Capitol Station, Austin, Texas 78711-3231. All applicants must contact the board to obtain the board's guidelines for responding to the SOQ. Requests for information and the board's guidelines for responding to the SOQ should be directed to Phyllis Thomas at the preceding address, by calling (512) 463-3154, or by e-mail to: {phyllis.thomas@twdb.state.tx.us}.

TRD-200600331

Wendall Corrigan Braniff

General Counsel

Texas Water Development Board

Filed: January 20, 2006