Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act. Before the State may settle a judicial enforcement action under this statute, 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 judgment if the comments disclose facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statute.

Case Title and Court: Harris County and State of Texas v. Centerpoint Energy Resources Corp., No. 2006-01591 in the 295th District Court of Harris County, Texas.

Nature of Defendant's Operations: Defendant operates a natural gas odorizing facility at 3820 Red Bluff Road in Pasadena, Harris County, Texas.

Proposed Agreed Judgment: The judgment contains an injunction that requires Centerpoint Energy Resources Corp. (Centerpoint) to implement procedures at its natural gas odorizing stations in Harris County to flare any natural gas purged to the atmosphere from odorizers or odorant tanks in order to minimize releases of highly odorized natural gas. In lieu of a civil penalty, the judgment contains a supplemental environmental project (SEP) under which Centerpoint will contribute $10,000 to the Harris County Public Health Ozone Monitoring Network. This SEP provides wind direction, speed, ambient temperature and ultraviolet ray intensity data for use in understanding ozone production and travel. This real-time data will be available to environmental officials and the public through the Texas Commission on Environmental Quality ambient air quality database network. The judgment also requires that Centerpoint pay attorney’s fees totaling $1,000 to the Office of the Attorney General, and $1,000 to Harris County.

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 David Preister, 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-200600780

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: February 14, 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 February 3, 2005, through February 9, 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 February 15, 2006. The public comment period for these projects will close at 5:00 p.m. on March 17, 2006.

FEDERAL AGENCY ACTIONS:

Applicant: Calhoun County Navigation District; Location: The project is located in Lavaca Bay, in the Point Comfort Turning Basin, at 2313 FM 1593 South, in Point Comfort, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Point Comfort, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 739180; Northing: 3170745. The new proposed dredge disposal placement area (PA 19) is located at Zone 14, Easting: 738884; Northing: 3170745. Project Description: The applicant requests permission to extend the time of permit 14541(10) which authorized the maintenance dredge of the Point Comfort Turning Basin. [Amendments 14541(11) and (12) were withdrawn]. The applicant is currently authorized to place material into upland PA's 1, 2, 3, and 4, and proposes to place 215,000 cubic yards of material into PA's 2 or 3. In addition, the applicant proposes to complete construction of previously authorized levees around PA 2. The applicant requests permission to dredge the turning basin to a depth of -40 feet below mean low water at the center of the basin, -30 feet below mean low water at the southern section of the basin, and -12 feet below mean low water along the eastern and northern docking areas. The applicant requests permission to add Corps PA 19 as an authorized placement area, and proposes to place 90,000 cubic yards of material into this uncontained PA, adjacent to Cox Bay. The applicant also requests permission to construct a new 1,380-foot bulkhead and a 45,500-square-foot dock along the northern edge of the turning basin. The Environmental Protection Agency Record of Decision was issued for the Alcoa (Point Comfort)/Lavaca Bay site at Point Comfort, Texas in December of 2001. Sediment testing data for the project site is available upon request. CCC Project No.: 06-0131-F1; Type of Application: U.S.A.C.E. permit application #14541(13) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: EOG Resources, Inc.; Location: The project is located in State Tracts 141, 142, 143, 144, 149, 150, 151, 152, 153, 154, 155, 163, 164, 165, 166, 167, 168, 176, 177, 178 and 179 in Aransas Bay. The project can be located on the U.S.G.S. quadrangle maps entitled: Rockport, Texas and St. Charles Bay, Texas. Approximate UTM Coordinates of center of tracts in NAD 27 (meters): Zone 14; Easting: 696600; Northing: 3102600. Project Description: The applicant requests an Oil Field Development (OFD) permit. The permit would provide authorization to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities which may include the installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines in Aransas Bay. New works proposed under this OFD permit will be evaluated individually. Each activity proposed under this OFD permit will be coordinated with resource agencies and other interested parties as part of the U.S. Army Corps of Engineers (Corps) standard operating procedure. CCC Project No.: 06-0156-F1; Type of Application: U.S.A.C.E. permit application #24053 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Solutia Incorporated; Location: The project is located in the Monsanto Dredge Canal adjacent to Chocolate Bayou, approximately 2 miles northwest of the FM 2004 bridge over Chocolate Bayou, near Alvin, Brazoria County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Hoskins Mound, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 284594; Northing: 3236237. Project Description: The applicant requests permission to extend the time of Department of the Army (DA) Permit 4817(05) to maintenance dredge the Monsanto Dredge Canal (Canal) for a 10-year period. The Canal would be dredged to a uniform depth of -12.0 feet below mean low tide. Approximately 43,525 cubic yards of material would be excavated during the next dredge cycle and placed in a previously authorized upland dredged material placement area. CCC Project No.: 06-0158-F1; Type of Application: U.S.A.C.E. permit application #4817(07) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Texas Department of Transportation; Location: The project is located in Dickinson Bayou and associated wetlands in Galveston County, Texas. The proposed State Highway (SH) 146 expansion project starts at FM 517 and extend approximately 2.3 miles south to a point where SH 146 becomes a divided four-lane highway. The project can be located on the U.S.G.S. quadrangle map entitled: Texas City, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 308730; Northing: 3260500. Project Description: The applicant proposes to construct a two-lane, southbound frontage road and bridge across Dickinson Bayou, along and parallel to the existing two-lane portion of SH 146. The applicant also proposes to expand the existing bridge fender system to incorporate the proposed southbound bridge. The proposed fender system will retain the 60-foot vessel traffic width. The applicant proposes to permanently fill 1.318 acres of wetlands and to temporary fill 0.39 acre of wetlands. The permanent fill will be associated with bridge pilings, fenders, and the road itself. The temporary impacts will be associated with temporary road access to the site. The temporary fill material will be removed and the area restored to pre-construction contours after construction. The applicant proposes to mitigate for the impacts to waters of the U.S. by providing funding to convert 10 acres of an open water area into vegetated salt marsh habitat. The mitigation project will be located within the Pierce Marsh Preserve. The Galveston Bay Foundation will oversee the project construction, planting, and monitoring. The mitigation will consist of constructing marsh terraces and planting the tidal zone of these terraces with Spartina alterniflora. CCC Project No.: 06-0160-F1; Type of Application: U.S.A.C.E. permit application #23524 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Owen Norton; Location: The project is located on the Laguna Madre at the terminus of Caribbean Street in Flour Bluff, Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Oso Creek NE, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 668923; Northing: 3057190. Project Description: The applicant proposes to construct a bulkhead, place fill material in jurisdictional waters, dredge an old marina basin, and construct a 40-slip uncovered boat marina to serve the owners and guests of a 34-unit residential housing complex. The housing complex would be constructed on uplands. The applicant would construct a 150-linear-foot bulkhead along the west shoreline of the old marina basin. Construction of the bulkhead would require placement of approximately 66 cubic yards of clean fill material in 645 square feet of U.S. Army Corps of Engineers (Corps) Section 404 jurisdictional wetlands. Construction of the marina would involve dredging a previously existing marina (previously known as the Coburn Marina) that has accumulated several years of loose silt and wrack. The dredged area would be approximately 27,000 square feet; approximately 4,900 square feet of the area to be dredged contains Section 404 wetlands. The applicant would mechanically dredge approximately 3,000 cubic yards of material and place and contain it on uplands located on the property. The applicant proposes to stabilize the north and south shorelines of the proposed dredged area (marina) with approximately 80 cubic yards of clean concrete riprap that would cover approximately 1,100 square feet of bay bottom. Within the dredged and stabilized marina, the applicant proposes to construct a 40-slip uncovered boat marina that consists of two 4- by 138-foot walkways on the north and south ends of the marina oriented west to east and one 6- by 138-foot walkway down the center, also oriented west to east. Each of the 4-foot wide walkways would have nine 4- by 22-foot finger piers spaced 10 feet apart to accommodate small vessels. The north 4-foot wide walkway would have an additional 2- by 22-foot finger pier. The 6-foot-wide walkway would have eighteen 4- by 22-foot finger piers spaced 10 feet apart to accommodate small vessels. The east end of the 6-foot-wide walkway would have two 2- by 22-foot finger piers. Additionally, the applicant proposes to construct an 80-linear-foot breakwater out of approximately 75 cubic yards of broken concrete and oriented perpendicular to the prevailing winds. The breakwater would be 9 feet wide at its base and would occupy approximately 720 square feet of bay bottom. CCC Project No.: 06-0161-F1; Type of Application: U.S.A.C.E. permit application #23976 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: EOG Resources, Inc.; Location: The project is located at State Tract 788, approximately 1,800 feet north of the Rincon Point boat ramp, Nueces Bay, in Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 659,348; Northing: 3,080,631. Project Description: The applicant proposes to drill four wells for petroleum resources, construct a metering platform and install four 3" O.D. pipelines and one 6" O.D. pipeline for the extraction of petroleum resources from subsurface mineral leases and transport to shore. The proposed pipelines will be jetted, disked or plowed a minimum distance of 5 feet below the bay bottom. Bottom soil will be displaced during pipeline installation activity. Approximately 27,000 sq ft of shell, crushed rock or gravel will be placed on the bay bottom at each drill site to stabilize the rig and facility for each well. No wetlands, seagrasses or oysters will be impacted. CCC Project No.: 06-0168-F1; Type of Application: U.S.A.C.E. permit application #24075 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

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

Further information on the applications listed above may be obtained from 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-200600781

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: February 14, 2006

Comptroller of Public Accounts

Certification of the Average Taxable Price of Gas and Oil

The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined that the average taxable price of crude oil for reporting period February 2006, as required by Tax Code, §202.058, is $56.80 per barrel for the three-month period beginning on November 1, 2005, and ending January 31, 2006. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of February 2006, from a qualified Low-Producing Oil Lease, is not eligible for exemption from the crude oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined that the average taxable price of gas for reporting period February 2006, as required by Tax Code, §201.059, is $9.82 per mcf for the three-month period beginning on November 1, 2005, and ending January 31, 2006. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of February 2006, from a qualified Low-Producing Well, is not eligible for exemption from the natural gas production tax imposed by Tax Code, Chapter 201.

Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

TRD-200600820

Martin Cherry

Chief Deputy General Counsel

Comptroller of Public Accounts

Filed: February 15, 2006

Notice of Request for Proposals

Pursuant to §§403.011, 2155.001, and 2156.121, Texas Government Code, and Chapter 54, Subchapter F, §§54.602, 54.611 - 54.618, and 54.636, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the issuance of its Request for Proposals (RFP #175k) for Transition Management Services ("Services") for the Board. The selected respondent will assist the Comptroller and the Board by providing the Services consistent with the Board's Investment Policy and Guidelines related to the Texas Tomorrow Constitutional Trust Fund ("Fund"), as described in this RFP and the contract, if any resulting from it ("Contract"). The Fund currently includes a prepaid tuition program and a college savings plan, both as authorized under Section 529 of the Internal Revenue Code. The prepaid tuition program currently has approximately $1.5 billion dollars in invested assets. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP in order that the Board may move forward with retaining the necessary Services. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, the successful respondent(s) will be expected to begin performance of the contract on or about June 1, 2006.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 East 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, February 24, 2006, after 10:00 a.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Texas Marketplace after 10:00 a.m. CZT on Friday, February 24, 2006. The website address is http://esbd.tbpc.state.tx.us.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Monday, March 13, 2006. Prospective respondents are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or before Monday, March 20, 2006, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice on the issuance of this RFP.

Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM G24), no later than 2:00 p.m. (CZT), on Monday, March 27, 2006. Proposals received in ROOM G24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (ROOM G24).

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

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

Issuance of RFP--February 24, 2006, after 10:00 a.m. CZT;

Non-Mandatory Letters of Intent to propose and Questions Due--March 13, 2006, 2:00 p.m. CZT;

Official Responses to Questions posted--March 20, 2006;

Proposals Due--March 27, 2006, 2:00 p.m. CZT;

Contract Execution--June 1, 2006, or as soon thereafter as practical;

Commencement of Project Activities--June 1, 2006, or as soon thereafter as practical.

TRD-200600810

Pamela Smith

Deputy General Counsel, Contracts

Comptroller of Public Accounts

Filed: February 15, 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 and §303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/20/06 - 02/26/06 is 18% for Consumer ¹ /Agricultural/Commercial ² credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/20/06 - 02/26/06 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-200600753

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 13, 2006

Credit Union Department

Application to Amend Articles of Incorporation

Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration:

An application for a name change was received from Entex-United Credit Union, Tyler, Texas. The credit union is proposing to change its name to First United Credit Union.

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

TRD-200600795

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 15, 2006

Application to Expand Field of Membership

Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration:

An application was received from South Texas Area Resources Credit Union, Corpus Christi, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school within the boundaries of Nueces County, Texas to be eligible for membership in the credit union.

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

TRD-200600794

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 15, 2006

Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:

Applications to Expand Field of Membership--Approved

First Service Credit Union, Houston, Texas--See Texas Register issue, dated November 25, 2005.

MemberSource Credit Union, Houston, Texas--See Texas Register issue, dated November 25, 2005.

Application to Expand Field of Membership--Vacated

First Financial Community Credit Union, Brownsville, Texas--See Texas Register issue, dated August 27, 2004.

Application to Amend Articles of Incorporation--Approved

Dresser Central Credit Union, Houston, Texas--See Texas Register issue, dated December 31, 2004.

Articles of Incorporation--50 Years to Perpetuity--Approved

Tarrant County Credit Union, Fort Worth, Texas

Central Texas Teachers Credit Union, Corsicana, Texas

Capitol Credit Union, Austin, Texas

Texas DPS Credit Union, Austin, Texas

Travis County Credit Union, Austin, Texas

Service 1st Credit Union, Greenville, Texas

Centex Citizens Credit Union, Mexia, Texas

Del Rio SP Credit Union, Del Rio, Texas

Trans Texas Southwest Credit Union, San Angelo, Texas

Angelina County Teachers Credit Union, Lufkin, Texas

USECO Credit Union, Dallas, Texas

TRD-200600796

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 15, 2006

Deep East Texas Council of Governments

Request for Proposal for a Regional Public Transportation Coordination Plan

The Deep East Texas Council of Governments (DETCOG) is requesting written Requests for Proposals from consultants to prepare a regional public transportation coordination plan that meets the health, social services, and workforce related transit needs of our customers in an efficient and comprehensive manner.

Due Date: Proposals must be received by 5:00 p.m. on Monday, March 13, 2006. Address proposals to: Walter G. Diggles, Sr., DETCOG Executive Director, 210 Premier Drive, Jasper, Texas 75951. For copies of the Request for Proposals, contact Rusty Phillips at (409) 384-5704, extension 260, or by e-mail at rphillips@detcog.org.

TRD-200600754

Walter G. Diggles, Sr.

Executive Director

Deep East Texas Council of Governments

Filed: February 13, 2006

Texas Education Agency

Requests for Applications Concerning the Texas Science, Technology, Engineering, and Math Academies (Texas STEM Academies) Implementation Grants

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-06-009 from eligible school districts and open-enrollment charter schools. An eligible school district or open-enrollment charter school is a high-performing school district or open-enrollment charter school, as demonstrated by a rating of Exemplary or Recognized under the 2005 state accountability rating system, that serves greater than 39 percent low-income students. Refer to the RFA for additional selection criteria. All applicants must attend TEA information and technical assistance sessions or secure a tape of the TEA information and technical assistance sessions in order to remain eligible. Dates for the sessions will be announced in the RFA.

Description. The purpose of this program is to support the development of Texas Science, Technology, Engineering, and Math (STEM) Academy design plans to increase student achievement by engaging students in and exposing students to innovative science and math instruction while simultaneously acting as demonstration sites to inform math and science teaching and learning statewide. To that end, every academy will provide a rigorous, well-rounded education with outstanding science and math instruction, integrating technology across the curriculum. The goals of this program for the Texas STEM Academies are (1) to develop the nation's leading innovation economy workforce by aligning high school courses, postsecondary education, and economic development activities; (2) to establish Texas STEM Academies in high-need areas across the state that will produce Texas high school graduates from diverse backgrounds with the preparation to pursue careers in STEM-related fields; and (3) to establish a statewide best-practices network for STEM education to promote broad dissemination and adoption of promising practices from the initiative and improve math and science performance for students across Texas.

Dates of Project. The Texas STEM Academies - Implementation Grants will be implemented during the 2006-2007 school year. Applicants should plan for a starting date of no earlier than August 1, 2006, and an ending date of no later than February 29, 2008. Schools districts or open-enrollment charter schools selected will be required to open a Texas STEM Academy in August 2006.

Project Amount. A total of approximately $3.5 million is available for funding the Texas STEM Academies - Implementation Grants. Each project will receive a maximum of $700,000 for the 2006-2007 school year. 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 the independent 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 and that are most advantageous to the project.

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 #701-06-009 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North 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), Tuesday, May 23, 2006, to be considered for funding.

TRD-200600800

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 15, 2006

Requests for Applications Concerning the Texas Science, Technology, Engineering, and Math Academies (Texas STEM Academies) Startup Grants

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-06-011 from eligible school districts and open-enrollment charter schools. An eligible school district or open-enrollment charter school shall serve (1) a student population of greater than 75 percent economically disadvantaged students and/or (2) a student population of greater than 30,000 students. Districts and open-enrollment charter schools that received a rating of Academically Unacceptable under the 2005 state accountability rating system are not eligible. All applicants must attend TEA information and technical assistance sessions or secure a tape of the TEA information and technical assistance sessions in order to remain eligible. Dates for the sessions will be announced in the RFA.

Dates of Project. The Texas STEM Academies - Startup Grants will be implemented during the 2006-2007 school year. Applicants should plan for a starting date of no earlier than August 1, 2006, and an ending date of no later than February 29, 2008. Schools districts or open-enrollment charter schools selected will be required to open a Texas STEM Academy in August 2007.

Project Amount. A total of approximately $2.85 million is available for funding the Texas STEM Academies - Startup Grants. Each project will receive a maximum of $630,000 for the 2006-2007 school year. The funding will be available in two phases. For the Pre-Implementation Phase, each project may receive a maximum award amount of $120,000. Upon approval of the project's Implementation Proposal, an additional amount not to exceed $510,000 will be made available. This project is funded 100 percent from general revenue funds appropriated by Rider 59, General Appropriations Act, 2005.

Requesting the Application. A complete copy of RFA #701-06-011 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North 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.

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, May 18, 2006, to be considered for funding.

TRD-200600802

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 15, 2006

Requests for Applications Concerning the Texas Science, Technology, Engineering, and Math Centers (Texas STEM Centers) Grants

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-06-010 from eligible partnerships. An eligible partnership shall include (1) an engineering, mathematics, or science department of an institution of higher education (IHE); and (2) a high-need local educational agency (LEA). The partnership may also include (1) another engineering, mathematics, science, or teacher training department of an IHE; (2) additional LEAs, open-enrollment charter schools, public or private elementary schools or secondary schools, or a consortium of such schools; (3) a business; or (4) a nonprofit or for-profit organization of demonstrated effectiveness in improving the quality of mathematics and science teachers. The fiscal agent (i.e., applicant) must be either the IHE (on behalf of the mathematics, science, or engineering department) or the high-need LEA. A high-need LEA is defined as a public school district or open-enrollment charter school at which a minimum of 39 percent of students participate in the free or reduced-price lunch program. Each LEA and campus included in a shared services arrangement must be considered high need according to the criteria listed for a high-need LEA.

Description. The purpose of this program is to support Texas Science, Technology, Engineering, and Math (STEM) Academies by designing and implementing innovative professional development programs, including institutes and summer workshops or institutes and follow-up training, that incorporate reliable teaching methods based on scientific research. The program is also intended to create strategic partnerships among businesses, higher education entities, and school districts to support the effective implementation of the Texas STEM Initiative. The Texas STEM Centers will ensure that national best practices are used in Texas and will identify and document best practices at a local and state level as well. As programs prove effective, the centers will lead in disseminating programs to teachers, schools, and district leadership across Texas. Three to five centers will be established in the initial funding year with an effort made for geographic distribution throughout Texas.

Dates of Project. Texas STEM Centers Grants will be implemented 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 August 31, 2007.

Project Amount. A total of approximately $4.5 million is available for funding Texas STEM Centers Grants. Each project will receive a maximum of $900,000 for the 2006-2007 school year. The funding will be available in two phases. For the Planning Phase, each project may receive an award amount of approximately $300,000. Upon approval of the project's Implementation Proposal, an additional amount of approximately $600,000 will be made available. This project is funded 100 percent from Title II, Part B federal funds.

Requesting the Application. A complete copy of RFA #701-06-010 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North 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.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, April 18, 2006, to be considered for funding.

TRD-200600801

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 15, 2006

Texas Commission on Environmental Quality

Notice of Public Meeting on March 30, 2006 in Farmersville, Texas Concerning the Rogers Delinted Cottonseed Company State Superfund Site

The purpose of the meeting is to obtain public input and information concerning the intent to take no further action at the site and to delete the Rogers Delinted Cottonseed Company State Superfund site (the site) from the state Superfund registry.

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of intent to take no further action at the site and to delete the site from its proposed-for-listing status on the state Superfund registry. The state registry is the list of state Superfund sites which 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 commission is proposing this deletion because the ED has determined that, due to removal actions that have been performed, the site no longer presents such an endangerment. This combined notice was also published in the Farmersville Times on February 23, 2006.

The site was listed on the state Superfund registry in the June 28, 2002, issue of the Texas Register (27 TexReg 5865). The site, including all land, structures, appurtenances, and other improvements, is located one mile east of Farmersville, Texas at the intersection of SH 380 and FM 547 in Collin County, Texas. The site also includes any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

Rogers Delinted Cottonseed Company operated from 1965 to 1984, when it was abandoned. The site may be divided into three separate areas: (1) the processing area in the northwest corner of the property (approximately 20 acres); (2) irrigation fields located south and east of the processing area (approximately 30 acres); and (3) remaining undeveloped land located along the eastern portion of the site. Arsenic compounds were used to defoliate the cotton plants. The facility then delinted the cottonseeds by washing them with 5% sulfuric acid to chemically remove husks, lints, fibers, and other suspended particulate matter. The process also included the use of a fungicide to protect the delinted cottonseeds. The spent acid solution from the process area was collected in two surface impoundments. The surface impoundments were used as settling ponds to separate the suspended solids from the acid solution. Upon determination that the site did not qualify for the National Priorities List, the site was proposed to the state Superfund registry. Remedial investigation and removal actions were performed at the site. Actions included the treatment and discharge of low pH water, stabilization and backfill of the surface impoundments, and removal of metal-contaminated soils. The removal actions resulted in the soils being restored to commercial/industrial use.

As a result of the removal actions that have been performed at the site, the ED has determined that the site no longer presents an imminent and substantial endangerment to public health and safety and the environment. Site conditions have met the commercial/industrial land use criteria as established by the Texas Risk Reduction Program. A deed recordation was placed on the site (Affected Property) stating that no further remediation of the Affected Property is required by the TCEQ as long as the Affected Property is not to be used for residential purposes. Therefore, no further action is necessary at the site; and the site is eligible for deletion from the state registry of Superfund sites as provided in 30 TAC §335.344(c).

The commission will hold a public meeting to receive comment on the proposed deletion of the site and the determination to take no further action. This public meeting is not a contested case hearing under Texas Government Code, Chapter 2001. The public meeting is scheduled for 6:00 p.m., Thursday, March 30, 2006, in the City of Farmersville, City Council Chambers, 205 South Main Street, Farmersville.

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 29, 2006, to Kristy Mauricio, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 136, P. O. Box 13087, Austin, Texas 78711-3087 or by facsimile (512) 239-2303. The public comment period for this action will end at the close of the public meeting on March 30, 2006.

A portion of the record for this site, including documents pertinent to the proposed deletion of the site, is available for review during regular business hours at the Charles J. Rike Memorial Library, 203 Orange Street, Farmersville, Texas 75422, (972) 782-6681. 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, MC 199, 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.

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 regarding this meeting, please call John Flores, TCEQ Community Relations, at (800) 633-9363.

TRD-200600762

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: February 14, 2006

Notice of a Public Hearing on Proposed Revisions to Chapter 321

The Texas Commission on Environmental Quality (TCEQ or commission) will conduct a public hearing to receive comments concerning revisions to 30 TAC Chapter 321, Control of Certain Activities by Rule, under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would harmonize state requirements with federal requirements concerning the date that existing dry litter poultry operations must obtain authorization and the date that all concentrated animal feeding operations must develop and implement a nutrient management plan. There is currently a proposed federal rulemaking that would extend the existing deadlines in the federal rules.

A public hearing on this proposal will be held in Austin, Texas on March 15, 2006, at 10:00 a.m. in Building E, Room 201S, at the commission's central office, located at 12100 North IH-35. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals wishing to present oral statements will be asked to register. A time limit may be established at the hearing to assure that enough time is allowed for every interested person to speak. There will be no open discussion during the hearing; however, agency staff members will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions after the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Patricia Durón, Office of Legal Services, at (512) 239-6087. Requests should be made as far in advance as possible.

Comments may be submitted to Patricia Durón, MC 205, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Project Number 2006-021-321-PR. Comments must be received by 5:00 p.m., March 27, 2006. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Beth Helms, Waste Quality Division, at (512) 239-2526.

TRD-200600672

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: February 9, 2006

Notice of Water Quality Applications

The following notices were issued during the period of February 7, 2006 through February 9, 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.

CITY OF ABILENE AND TEXAS DEPARTMENT OF TRANSPORTATION, DISTRICT 8, which operate the City of Abilene Municipal Separate Storm Sewer System (MS4), have applied for a renewal of NPDES Permit No. TXS000101, which authorizes storm water point source discharges to surface water in the state from the City of Abilene MS4. This permit will be renewed as Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004692000. The MS4 is located within the corporate boundary of the City of Abilene, in Taylor and Jones Counties, Texas.

BIG BEND MOTOR INN, INC. AND INDEPENDENT REAL ESTATE BROKERS OF AMERICA, INC. have applied for a major amendment to Permit No. 13652-001, to authorize an increase in the daily average flow from 30,000 gallons per day to 80,000 gallons per day and to increase the acreage irrigated from 32.5 acres to 75 acres. The proposed amendment requests to authorize an interim flow not to exceed a daily average of 36,000 gallons per day and compost sewage sludge on-site for land application on property owned by the applicant. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day via surface irrigation of 32.5 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located 1/4 mile east of the intersection of State Highway 118 and State Highway 170 in Brewster County, Texas. The sludge treatment works and the sludge disposal site are located at the same site.

LGI HOMES, LTD. has applied for a new permit, proposed TPDES Permit No. WQ0014632001, to authorize 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 2,000 feet west of the access road of State Highway 288 and approximately 1,400 feet south of County Road 64 in Brazoria County, Texas.

CITY OF LONGVIEW has applied for a renewal of TPDES Permit No. 10589-003, which authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 4,200 gallons per day. The facility is located south of Farm-to-Market Road 2206 on the east side of Swinging Bridge Road and 600 feet south of Premier Road in the City of Longview in Gregg County, Texas.

CITY OF MESQUITE which operates the City of Mesquite Municipal Separate Storm Sewer System (MS4), has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of NPDES Permit No. TXS001601. The draft permit authorizes storm water point source discharges to surface water in the state from the City of Mesquite Municipal Separate Storm Sewer System (MS4). This permit will be issued as TPDES Permit No. WQ0004641000. This application was submitted to the TCEQ on May 6, 2003. The municipal separate storm sewer system is located within the corporate boundaries of the City of Mesquite, in Dallas and Kaufman Counties, Texas.

PORT OF HOUSTON AUTHORITY has applied for a new permit, proposed TPDES Permit No. WQ0014645001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day. The facility will be located in east Houston, approximately 3.0 miles south of Interstate Highway 10 on Penn City Road and approximately 0.5 mile west of East Beltway 8, northeast of the entry point of Greens Bayou into the Houston Ship Channel in Harris County, Texas.

DAVID JOSEPH SORRELL has applied for a renewal of TPDES Permit No. 14171-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 24,500 gallons per day. The facility is located 2270 North Farm-to-Market Road 17, approximately 2.8 miles north of the intersection of Farm-to-Market Road 17 and State Highway 182, north of the community of Alba in Wood County, Texas.

TEXAS YOUTH COMMISSION has applied for a renewal of Permit No. 11121-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day via surface irrigation of 20.37 acres of non-public access grass land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 5,000 feet due south of the intersection of Interstate Highway 20 and Farm-to-Market Road 1927, south of the City of Pyote in Ward County, Texas.

TRD-200600798

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 15, 2006

Notice of Water Rights Application

Notices issued February 8, 2006 through February 10, 2006:

Application No. TA-5929; Energy Transfer Fuel, LP, 800 East Sonterra Boulevard, Suite 400, San Antonio, Texas 78258, Applicant, seeks a Temporary Water Use Permit pursuant to Texas Water Code (TWC) §11.138 and Texas Commission on Environmental Quality (Commission or TCEQ) Rules 30 TAC §§295.1, et seq. Applicant seeks authorization to divert and use, within a one (1) year period, not to exceed 36.5 acre-feet of water at a maximum diversion rate of 11.141 cfs (5,000 gpm) from the Trinity River, Trinity River Basin, for industrial (hydrostatic testing of gas pipeline) purposes in Anderson, Freestone, and Limestone Counties, Texas. The diversion point will be located at Latitude 31.875° N and Longitude 96.006°, 13.2 miles northeast of Fairfield, Freestone County and 6.5 miles southwest of Bethel in Freestone County. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on December 2, 2005; and additional information and fees were received on January 17, 2006. The application was declared administratively complete and filed with the Office of the Chief Clerk on February 3, 2006. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by March 2, 2006.

APPLICATION NO. 5821; Upper Trinity Regional Water District (UTRWD or Applicant) P.O. Drawer 305, Lewisville, Texas 75067, seeks a Water User Permit pursuant to TWC §11.121 and §11.085 and TCEQ Rules 30 TAC §§295.1, et seq., to construct and maintain a reservoir (known as Lake Ralph Hall) on the North Sulphur River, Sulphur River Basin, Fannin County, Texas for in-place recreational purposes and divert and use not to exceed 45,000 acre-feet of water per year from Lake Ralph Hall for municipal, industrial, and agricultural purposes. Applicant requests to use the water in Collin, Cooke, Dallas, Denton, Fannin, Grayson, and Wise Counties within the Sulphur River Basin and Trinity River Basin. Because Applicant has requested an interbasin transfer of water, public meetings will be held in the basin of origin, the Sulphur River Basin, and the receiving basin, the Trinity River Basin. For further information on the application, view the complete notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. The application was received on September 2, 2003. Additional fees and information were received on May 3, 2004, July 7, 2004, July 19, 2004, and August 6, 2004. The Executive Director reviewed the application and determined it to be administratively complete on August 13, 2004. The Executive Director has not completed its technical review of the application. The TCEQ will hold public meetings to receive comments on this application. The public meetings will consist of two parts, an Informal Discussion Period and a Formal Comment Period. During the Informal Discussion Period, the public is encouraged to ask questions of the applicant; and TCEQ staff concerning the application, but comments made during the informal period will not be considered by the Commissioners before reaching a decision on the application and no formal response will be made. During the Formal Comment Period, members of the public may state their comments into the official record. The Executive Director will summarize the formal comments and prepare a written response. The written response will be considered by the Commissioners in their decision-making process and upon request will be available to the public. Public Meetings are to be held: Monday, March 27, 2006 at 7:00 PM, Fannindel High School-Cafetorium, 601 Main Street, Ladonia, Texas 75449; and Tuesday, March 28, 2006 at 7:00 PM, City of Lewisville - Municipal Annex, 1197 West Main Street, Lewisville, Texas 75067. Citizens are encouraged to submit written comments anytime during the meetings or by mail before the meetings to the Office of the Chief Clerk, TCEQ, MC 105, P.O. Box 13087, Austin, Texas 78711-3087. If you need more information, please call the TCEQ Office of Public Assistance, Toll Free at 1-800-687-4040. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice.

INFORMATION SECTION

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

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

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

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

TRD-200600797

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 15, 2006

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (TCEQ or Commission) on February 13, 2006, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Maverick Trucking Company, Inc.; SOAH Docket No. 582-05-7371; TCEQ Docket No. 2004-0907-MSW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Maverick Trucking Company, Inc. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200600799

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 15, 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 24, 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 24, 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: James Carr dba A K Convenience Store; DOCKET NUMBER: 2005-1772-PST-E; IDENTIFIER: Regulated Entity Reference Number (RN) 102061488; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and (b)(2)(A)(i)(III) and the Code, §26.3475(a) and (c)(1), by failing to provide a method of release detection and by failing to test the line leak detectors; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control for all underground storage tanks (USTs); 30 TAC §334.45(c)(3)(A), by failing to install an emergency shutoff valve on each pressurized delivery or product line; 30 TAC §334.8(c)(5)(C), by failing to ensure that all USTs are properly identified on the facility's UST registration and self-certification form; and 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide corrosion protection to all underground components of a UST system; PENALTY: $7,600; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: A & K Enterprises, Inc. dba Country Food Store; DOCKET NUMBER: 2004-1484-PST-E; IDENTIFIER: RN101183861; LOCATION: Lane City, Wharton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,232; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Amerada Hess Corporation; DOCKET NUMBER: 2005-1761-IWD-E; IDENTIFIER: RN102536836; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: groundwater remediation; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXG830151, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for benzene, toluene, ethylbenzene, and xylenes; PENALTY: $1,700; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(4) COMPANY: Bianca Enterprises, Inc. dba Kwik Pik Food Mart; DOCKET NUMBER: 2005-1875-PST-E; IDENTIFIER: RN101534758; LOCATION: Forest Hill, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), (d)(1)(B)(ii) and (iii)(I), and the Code, §26.3475(c)(1), by failing to ensure that all tanks are monitored in a manner which will detect a release, by failing to conduct monthly reconciliation of inventory control records, and by failing to record inventory volume measurements; 30 TAC §334.8(c)(5)(C), by failing to ensure that all USTs are properly identified on the registration and self-certification form; and 30 TAC §334.10(b), by failing to maintain the UST records as required; PENALTY: $2,995; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Bill Briscoe Enterprises, Inc.; DOCKET NUMBER: 2005-1611-MSW-E; IDENTIFIER: RN100768449; LOCATION: Carrollton, Denton County, Texas; TYPE OF FACILITY: land reclamation project; RULE VIOLATED: 30 TAC §330.4(a), by failing to obtain a permit for the storage, processing, removal, or disposal of municipal solid waste (MSW); PENALTY: $2,448; ENFORCEMENT COORDINATOR: Joseph Daley, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Border Steel, Inc.; DOCKET NUMBER: 2005-1828-AIR-E; IDENTIFIER: RN100213941; LOCATION: Vinton, El Paso County, Texas; TYPE OF FACILITY: steel manufacturing; RULE VIOLATED: 30 TAC §101.201(a)(1)(A) and THSC, §382.085(b), by failing to report an emissions event; and 30 TAC §101.221(a) and THSC, §382.085(b), by failing to maintain pollution emission capture and abatement equipment in good working order; PENALTY: $4,400; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(7) COMPANY: City of Breckenridge; DOCKET NUMBER: 2005-1171-PWS-E; IDENTIFIER: RN101386936; LOCATION: Breckenridge, Stephens County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the maximum contaminant level (MCL) for total trihalomethanes (TTHM); PENALTY: $665; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(8) COMPANY: Cody Byrom; DOCKET NUMBER: 2005-1950-MSW-E; IDENTIFIER: RN104662135; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: unauthorized MSW disposal site; RULE VIOLATED: 30 TAC §330.5(c) and (d), by allowing the dumping of MSW without written authorization; PENALTY: $600; ENFORCEMENT COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(9) COMPANY: Cayuga Independent School District Public Facility Corporation; DOCKET NUMBER: 2005-0535-MWD-E; IDENTIFIER: RN101527331; LOCATION: Cayuga, Anderson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES Permit Number 13574001, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for chlorine residual and by failing to submit the annual sewage sludge discharge monitoring reports; PENALTY: $8,200; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(10) COMPANY: Centauri Technologies, L.P.; DOCKET NUMBER: 2005-1817-IHW-E; IDENTIFIER: RN101057263; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §335.62 and 40 Code of Federal Regulations (CFR) §262.11, by failing to conduct adequate waste determinations; 30 TAC §335.6(c), by failing to update the notice of registration; 30 TAC §335.10(b) and 40 CFR §262.20(a), by failing to properly complete manifests; 30 TAC §335.9(a)(2), by failing to submit a correct annual waste summary; 30 TAC §335.112(a)(8) and 40 CFR §265.174, by failing to conduct inspections, weekly, of containers of hazardous waste; 30 TAC §335.431(c) and 40 CFR §268.7(a)(2), by failing to include all required information on a land disposal restriction notification; 30 TAC §335.69(a)(1)(B) and (3) and 40 CFR §262.34(a)(3), by failing to obtain a structural integrity tank system assessment by a registered professional engineer, by failing to meet secondary containment requirement, and by failing to label or mark clearly the words "Hazardous Waste" on each container or tank containing waste; and 30 TAC §335.476, by failing to submit the annual 2004 progress report for the source reduction/waste minimization plan; PENALTY: $20,821; ENFORCEMENT COORDINATOR: Joseph Daley, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Champion Technologies, Inc. dba Champion Technologies Fresno; DOCKET NUMBER: 2005-1727-IHW-E; IDENTIFIER: RN101618882; LOCATION: Fresno, Fort Bend County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §335.69(a)(1)(B), (2), and (3), §335.112(a)(9), and 40 CFR §262.34(a)(1)(ii), (2), and (3), and §263.193(f), by failing to have secondary containment for ancillary equipment, by failing to have four hazardous waste tanks and components certified by a professional engineer and have an adequate leak detection system, and by failing to label hazardous waste containers with the words "Hazardous Waste"; 30 TAC §335.6(c), by failing to update the facility's notice of registration; and 30 TAC §335.9(a)(2), by failing to submit a correct annual waste summary; 30 TAC §335.431(c) and 40 CFR §268.7(a)(2) and (8), by failing to properly complete the land disposal restriction form; PENALTY: $40,592; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Containment Solutions, Inc.; DOCKET NUMBER: 2005-1821-AIR-E; IDENTIFIER: RN100214378; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: fiberglass underground storage tank manufacturing; RULE VIOLATED: 30 TAC §122.145(2) and §122.146(2), by failing to submit a timely permit compliance certification and the associated deviation report; 30 TAC §101.10(b)(1) and (2)(A), by failing to report particulate matter emissions; and 30 TAC §116.115(b)(2)(F) and New Source Review Permit Numbers 18004 and 55877, by failing to operate below the pounds per hour and tons per year volatile organic compound (VOC) emission limits; PENALTY: $22,058; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Dallas Oil Service, Inc.; DOCKET NUMBER: 2005-1312-MSW-E; IDENTIFIER: RN100596022; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: used oil handling; RULE VIOLATED: 30 TAC §37.2011 and §324.22(b), by failing to demonstrate financial assurance for soil remediation; PENALTY: $420; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: City of Del Rio; DOCKET NUMBER: 2005-1777-PWS-E; IDENTIFIER: RN101215978; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(c)(3), by failing to provide the elevated storage tank with an overflow; and 30 TAC §290.44(d)(2), by failing to acquire plan approval for service connections that require booster pumps taking suction from the supply lines; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(15) COMPANY: Dynegy Midstream Services, Limited Partnership; DOCKET NUMBER: 2005-1636-AIR-E; IDENTIFIER: RN100222900; LOCATION: Mont Belvieu, Chambers County, Texas; TYPE OF FACILITY: petrochemical manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), Air Permit Number 5452, and THSC, §382.085(b), by failing to maintain emissions within permitted limits and by failing to conduct a stack test; PENALTY: $7,500; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Eisenberg Properties, Limited; DOCKET NUMBER: 2005-1763-MSW-E; IDENTIFIER: RN101628410; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: unauthorized MSW storage and processing; RULE VIOLATED: 30 TAC §328.5(a) and §330.4(a) and (f)(1)(B), by failing to obtain authorization for storage and processing of MSW; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(17) COMPANY: Energy Mart, Inc. dba James Food Mart; DOCKET NUMBER: 2005-1376-PST-E; IDENTIFIER: RN101822898; LOCATION: Lolita, Jackson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that release detection equipment or procedures were provided or followed; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(18) COMPANY: Equistar Chemicals, L.P.; DOCKET NUMBER: 2005-1843-IHW-E; IDENTIFIER: RN100237668; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: plastics manufacturing; RULE VIOLATED: 30 TAC §335.2(b), by failing to prevent the transport of waste to an unauthorized facility; and 30 TAC §335.10(a)(1) and 40 CFR §262.20, by failing to provide the proper manifest for the transportation of Class 1 waste; PENALTY: $6,480; ENFORCEMENT COORDINATOR: Joseph Daley, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Gill Water Supply Corporation; DOCKET NUMBER: 2005-1980-PWS-E; IDENTIFIER: RN101208544; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the MCL for TTHM; PENALTY: $313; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(20) COMPANY: Grant H. Gilson; DOCKET NUMBER: 2005-1838-OSI-E; IDENTIFIER: RN103416178; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: on-site sewage facilities; RULE VIOLATED: 30 TAC §285.3(b)(1) and THSC, §366.051(a), by failing to obtain a permit; PENALTY: $162; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(21) COMPANY: Harmony Independent School District; DOCKET NUMBER: 2005-0191-MWD-E; IDENTIFIER: RN101720837; LOCATION: Big Sandy, Upshur County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(a), TPDES Permit Number 13050001, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for five-day biochemical oxygen demand and total suspended solids (TSS); PENALTY: $3,888; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(22) COMPANY: Jaeger Homes, Inc.; DOCKET NUMBER: 2005-1757-WQ-E; IDENTIFIER: RN104745633; LOCATION: Humble, Harris County, Texas; TYPE OF FACILITY: residential construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(a), by failing to obtain a TPDES storm water construction general permit; PENALTY: $600; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: Miguel A. Lozano; DOCKET NUMBER: 2005-1935-MSW-E; IDENTIFIER: RN104666227; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: unauthorized MSW site; RULE VIOLATED: 30 TAC §328.60(a) and §330.4(a) and THSC, §361.112(a), by failing to obtain authorization for disposal of MSW and by failing to obtain a registration for storing more than 500 tires; PENALTY: $3,100; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(24) COMPANY: Marshall Pottery Inc.; DOCKET NUMBER: 2004-1496-AIR-E; IDENTIFIER: RN102303369; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: clay pot manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain a new source review permit amendment; and the Code, §7.101 and Agreed Order Docket Number 2001-1463-Air-E, by failing to comply with Agreed Order Docket No. 2001-1463-AIR-E; PENALTY: $57,600; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(25) COMPANY: Mastec North America, Inc.; DOCKET NUMBER: 2004-1936-MSW-E; IDENTIFIER: RN104733563; LOCATION: Brady, McCulloch County, Texas; TYPE OF FACILITY: unauthorized MSW disposal; RULE VIOLATED: 30 TAC §330.5 and §328.13, by allowing the disposal of MSW without obtaining authorization; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(26) COMPANY: Mehak & Michelle, Inc. dba Six Pack Express; DOCKET NUMBER: 2004-1951-PST-E; IDENTIFIER: RN101539542; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2), and the Code, §26.3475(c)(1), by failing to monitor USTs for releases and by failing to provide proper release detection; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(27) COMPANY: NSBR, Inc. dba Kellys Food Store 2; DOCKET NUMBER: 2004-1867-PST-E; IDENTIFIER: RN101568178; LOCATION: Duncanville, Dallas 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)(III) and the Code, §26.3475(a) and (c)(1), by failing to provide proper release detection, by failing to conduct proper release detection, and by failing to test the line detectors; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; 30 TAC §334.10(b), by failing to maintain the UST records as required; 30 TAC §334.8(c)(5)(C), by failing to ensure that all USTs are properly identified as listed on the registration and self-certification form; 30 TAC §115.246(1) and (7)(A) and THSC, §382.085(b), by failing to maintain records on site at the station and make immediately available for review; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to provide the Stage II in-house training to each/all current employees; 30 TAC §115.242(3)(K) and (9) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system (VRS) and by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump equipped with a Stage II VRS; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $9,002; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(28) COMPANY: National Oil Well Varco, L.P.; DOCKET NUMBER: 2004-1770-AIR-E; IDENTIFIER: RN100825231; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: coating plant; RULE VIOLATED: 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit the Title V deviation report; and 30 TAC §116.115(b)(2)(F) and (c), New Source Review Permit Number 8296a, and THSC, §382.085(b), by failing to comply with the maximum allowable emissions rate of 0.03 tons per year of particulate matter, and by failing to maintain the thermal pickle oven firebox at or above 1,400 degrees Fahrenheit; PENALTY: $18,400; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(29) COMPANY: North Harrison Water Supply Corporation; DOCKET NUMBER: 2004-1920-PWS-E; IDENTIFIER: RN101181592; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the MCL for TTHM; PENALTY: $313; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(30) COMPANY: Andres Payan dba Payans Tourist Service; DOCKET NUMBER: 2004-2058-AIR-E; IDENTIFIER: RN102865052; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by allegedly offering for sale gasoline for use with an oxygen content lower than 2.7% by weight; PENALTY: $520; ENFORCEMENT COORDINATOR: Marlin Bullard, (254) 751-0335; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(31) COMPANY: Petty Water Supply and Sewer Service Corporation; DOCKET NUMBER: 2004-0291-PWS-E; IDENTIFIER: Public Water Supply Identification Number 1390012, RN101179703; LOCATION: Petty, Lamar County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices; 30 TAC §288.20(a), by failing to submit an adopted drought contingency plan; 30 TAC §290.42(1), by failing to compile and maintain a plant operations manual; and 30 TAC §290.45(b)(1)(B)(iv) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of 20 gallons per connection; PENALTY: $294; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(32) COMPANY: City of Pflugerville; DOCKET NUMBER: 2005-1887-PWS-E; IDENTIFIER: RN101430064; LOCATION: Pflugerville, Travis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(f)(3) and §290.122(b)(2)(A), by failing to comply with the MCL for coliform bacteria and by failing to notify the public of the noncompliance; PENALTY: $2,200; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(33) COMPANY: Pierce Larned; DOCKET NUMBER: 2005-1793-AIR-E; IDENTIFIER: RN104760889; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: residence; RULE VIOLATED: 30 TAC §114.20(b)(1)(C) and (c)(1) and THSC, §382.085(b), by allegedly replacing the engine in a 1984 Chevrolet Blazer with a 1970 engine which had no catalytic converter and was not equally effective in reducing emissions and by selling a motor vehicle that was not equipped with the original or equally effective emissions control equipment; PENALTY: $360; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(34) COMPANY: City of Rochester; DOCKET NUMBER: 2005-2001-PWS-E; IDENTIFIER: RN101192243; LOCATION: Rochester, Haskell County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the MCL for TTHM; PENALTY: $318; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(35) COMPANY: Roofing Recycle Center, Inc.; DOCKET NUMBER: 2005-1313-MSW-E; IDENTIFIER: RN103049755; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: asphalt shingle and scrap wood recycling; RULE VIOLATED: 30 TAC §330.5(a)(2), by failing to prevent the storage of MSW in such a manner as to cause the creation and maintenance of a nuisance; 30 TAC §328.5, by failing to provide records necessary to demonstrate compliance with the requirements of 30 TAC §328.4 and reasonable efforts to maintain source-separation of materials received by the facility; and 30 TAC §37.921 and §328.5(d), by failing to demonstrate financial assurance for closure of the facility; PENALTY: $8,792; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(36) COMPANY: Sami Awad dba Sammy's Memorial Texaco Inc.; DOCKET NUMBER: 2003-1114-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 23177; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(37) COMPANY: Sandy Creek Yacht Club, Limited; DOCKET NUMBER: 2005-1946-PWS-E; IDENTIFIER: RN101189355; LOCATION: Leander, Travis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(f)(3) and THSC, §341.031(a), by exceeding the MCL for total coliform bacteria; and 30 TAC §290.122(b)(2)(B) and (c)(2)(B), by failing to provide public notice of the MCL exceedance and by failing to provide public notification of the failure to conduct the routine sampling; PENALTY: $1,563; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(38) COMPANY: Shell Chemical L.P.; DOCKET NUMBER: 2005-1614-AIR-E; IDENTIFIER: RN100211879; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Numbers 3214 and 3219, Permit Number 3219/PSD-TX-974, and THSC, §382.085(b), by failing to prevent unauthorized emissions during an emissions event and by failing to keep plant nitrogen or plant air out of the steam system; and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to report an emissions event within 24 hours of discovery; PENALTY: $32,495; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(39) COMPANY: Simi Investment Company, Limited; DOCKET NUMBER: 2005-1787-PWS-E; IDENTIFIER: RN101180081; LOCATION: Richmond, Fort Bend County, Texas; TYPE OF FACILITY: commercial property; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and THSC, §341.033(d), by failing to collect routine bacteriological samples; and 30 TAC §290.122(c)(2)(B), by failing to post public notice of monitoring violations; PENALTY: $3,353; ENFORCEMENT COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(40) COMPANY: Superior Crude Gathering, Inc. dba National Oil Recovery; DOCKET NUMBER: 2005-1907-AIR-E; IDENTIFIER: RN102510088; LOCATION: Corpus Christi, San Patricio County, Texas; TYPE OF FACILITY: petroleum storage and transport; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent nuisance odors from six crude oil metering tanks; PENALTY: $2,300; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(41) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2005-0564-PST-E; IDENTIFIER: RN103143053; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: office complex; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii), (5)(A)(i) and (ii), by failing to renew a previously issued delivery certificate, by failing to have a valid, current delivery certificate, and by failing to post a valid delivery certificate; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Jill McNew, (915) 655-9479; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(42) COMPANY: Texas Waste Systems, Inc.; DOCKET NUMBER: 2005-1786-MSW-E; IDENTIFIER: RN102506821; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: MSW transfer station; RULE VIOLATED: 30 TAC §328.60(a) and §330.4(a) and THSC, §361.112(a), by failing to obtain a permit for the storage, processing, and transfer of MSW and a registration for operating a scrap tire storage site with more than 50 tires; and 30 TAC §330.32(a), by failing to collect waste that contains putrescible material a minimum of once weekly; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(43) COMPANY: City of Timpson; DOCKET NUMBER: 2005-2052-PWS-E; IDENTIFIER: RN101387686; LOCATION: Timpson, Shelby County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the MCL for TTHM; PENALTY: $313; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(44) COMPANY: TXI Operations, L.P.; DOCKET NUMBER: 2005-1061-IWD-E; IDENTIFIER: RN102740073, RN102845005, RN102453081, RN104124292, RN102707866, RN102707700, RN102149747, RN102455540, RN102707361, RN102455235, RN102707684; LOCATION: Frisco, Roanoke, Richardson, Dallas, DeSoto, Mesquite, Euless, Humble, Longview, and McKinney; Dallas, Denton, Tarrant, Harris, Gregg, and Collin Counties, Texas; TYPE OF FACILITY: ready-mixed concrete; RULE VIOLATED: 30 TAC §305.125(1), General Permit Number TXG110167, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for pH, TSS, and oil and grease, by failing to sample and submit metals and toxicity data, by failing to submit parameter data on the discharge monitoring report; PENALTY: $91,502; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100, and 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(45) COMPANY: Union Carbide Corporation; DOCKET NUMBER: 2005-1204-AIR-E; IDENTIFIER: RN102181526; LOCATION: Seadrift, Calhoun County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 48653, and THSC, §382.085(b), by exceeding the permitted emission limits for carbon monoxide; PENALTY: $3,280; ENFORCEMENT COORDINATOR: Trina Greico, (210) 490-3096; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(46) COMPANY: Van Der Horst USA Corporation; DOCKET NUMBER: 2005-1639-IHW-E; IDENTIFIER: RN100574235; LOCATION: Terrell, Kaufman County, Texas; TYPE OF FACILITY: electroplating; RULE VIOLATED: 30 TAC §335.62 and 40 CFR §262.11, by failing to conduct hazardous waste determination and waste classifications; 30 TAC §335.6(c), by failing to update its notice of registration; 30 TAC §335.69(a)(2) and 40 CFR §265.35 and §265.173, by failing to keep containers of waste closed and labeled or marked clearly with the words "Hazardous Waste" and by failing to maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment in the wastewater treatment building; and 30 TAC §335.2(a) and §335.69(b) and 40 CFR §262.34, by failing to meet the accumulation time requirements for storing hazardous waste on site; PENALTY: $22,464; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(47) COMPANY: Ralph Kurjee dba Wee Mart; DOCKET NUMBER: 2005-1346-PWS-E; IDENTIFIER: RN101190262; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: convenience store; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and (F), (3)(A)(ii) and (f)(3) and THSC, §341.033(d) and §341.0315(c), by failing to collect at least five routine samples after a total coliform-positive sample was found, by failing to collect routine bacteriological samples, by failing to collect no fewer than four repeat samples within 24 hours of being notified of the positive result, and by failing to prevent the exceedance of the nonacute MCL for total coliform bacteria; PENALTY: $1,650; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(48) COMPANY: Wolf Hollow I, L.P.; DOCKET NUMBER: 2005-1765-IWD-E; IDENTIFIER: RN100219195; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: power plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 04288, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for total chlorine and oil and grease; PENALTY: $1,232; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(49) COMPANY: Wright City Water Supply Corporation; DOCKET NUMBER: 2005-1968-PWS-E; IDENTIFIER: RN101238459; LOCATION: Troup, Smith County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the MCL for TTHM; PENALTY: $330; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200600758

Stephanie Bergeron Perdue

Acting Deputy, Office of Legal Services

Texas Commission on Environmental Quality

Filed: February 14, 2006

Department of State Health Services

Annual Republication of the Texas Schedules of Controlled Substances

PURSUANT TO THE TEXAS CONTROLLED SUBSTANCES ACT, HEALTH AND SAFETY CODE, CHAPTER 481, THESE SCHEDULES, ESTABLISHED JANUARY 1, 2006, SUPERCEDE PREVIOUS SCHEDULES AND CONTAIN THE MOST CURRENT VERSION OF THE SCHEDULES OF ALL CONTROLLED SUBSTANCES FROM THE PREVIOUS SCHEDULES AND MODIFICATIONS.

January 1, 2006

Changes to the schedules are designated by an asterisk (*). Additional information can be obtained by contacting the Texas Department of State Health Services, Drugs and Medical Devices Group, 1100 West 49th Street, Austin, Texas 78756. The telephone number is (512) 834-6755 and the website address is http://www.dshs.state.tx.us.

SCHEDULES

Nomenclature: Controlled substances listed in these schedules are included by whatever official, common, usual, chemical, or trade name they may be designated.

SCHEDULE I

Schedule I consists of:

Schedule I opiates

the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)- 4-piperidinyl]- N- phenylacetamide);

(2) Allylprodine;

(3) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);

(4) Alpha-methylfentanyl or any other derivative of Fentanyl;

(5) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-piperidinyl]-N- phenyl-propanamide);

(6) Benzethidine;

(7) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenyl-propanamide);

(8) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3- methyl- 4- piperidinyl]-N- phenylpropanamide);

(9) Betaprodine;

(10) Clonitazene;

(11) Diampromide;

(12) Diethylthiambutene;

(13) Difenoxin;

(14) Dimenoxadol;

(15) Dimethylthiambutene;

(16) Dioxaphetyl butyrate;

(17) Dipipanone;

(18) Ethylmethylthiambutene;

(19) Etonitazene;

(20) Etoxeridine;

(21) Furethidine;

(22) Hydroxypethidine;

(23) Ketobemidone;

(24) Levophenacylmorphan;

(25) Meprodine;

(26) Methadol;

(27) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide), its optical and geometric isomers;

(28) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N- phenylpropanamide);

(29) Moramide;

(30) Morpheridine;

(31) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

(36) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]- propanamide);

(37) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);

(47) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);

(48) Tilidine; and

(49) Trimeperidine;

Schedule I opium derivatives

the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine;

(2) Acetyldihydrocodeine;

(3) Benzylmorphine;

(4) Codeine methylbromide;

(10) Etorphine (except hydrochloride salt);

(11) Heroin;

(12) Hydromorphinol;

(13) Methyldesorphine;

(14) Methyldihydromorphine;

(15) Monoacetylmorphine;

(16) Morphine methylbromide;

(17) Morphine methylsulfonate;

(18) Morphine-N-Oxide;

Schedule I hallucinogenic substances

unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this Schedule I hallucinogenic substances section only, the term "isomer" includes optical, position, and geometric isomers):

(1) Alpha-ethyltryptamine (some trade or other names: etryptamine; Monase; alpha ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-ET; AET);

(2) alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers;

(3) 4-bromo-2,5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,5- dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA);

(4) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other names: Nexus; 2C-B; 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB);

(5) 2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy- alpha-methylphenethylamine; 2,5-DMA);

(6) 2,5-dimethoxy-4-ethylamphetamine (some trade or other names: DOET);

(7) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts and salts of isomers;

(8) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts, and salts of isomers;

(9) 5-methoxy-3,4-methylenedioxy-amphetamine;

(10) 4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha- methylphenethylamine; paramethoxyamphetamine; PMA);

(11) 1-methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (MPTP);

(12) 4-methyl-2,5-dimethoxyamphetamine (some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methyl-phenethylamine; "DOM"; and "STP");

(13) 3,4-methylenedioxy-amphetamine;

(14) 3,4-methylenedioxy-methamphetamine (MDMA, MDM);

(15) 3,4-methylenedioxy-N-ethylamphetamine (some trade or other names: N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; MDEA);

(16) 3,4,5-trimethoxy amphetamine;

(17) N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);

(18) Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5- hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy- N,N-dimethyltryptamine; mappine);

(19) Diethyltryptamine (some trade and other names: N,N-Diethyltryptamine; DET);

(20) Dimethyltryptamine (some trade and other names: DMT);

(21) Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1- phenylcyclohexylamine; (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)-ethylamine; cyclohexamine; PCE);

(22) Ibogaine (some trade or other names: 7-Ethyl-6,6-beta, 7,8,9,10,12,13-octhydro-2-methoxy-6,9-methano-5H-pyrido[1',2':1,2] azepino [5,4-b] indole; taber-nanthe iboga);

(23) Lysergic acid diethylamide;

(24) Marihuana;

(25) Mescaline;

(26) N-ethyl-3-piperidyl benzilate;

(27) N-methyl-3-piperidyl benzilate;

(28) Parahexyl (some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d] pyran; Synhexyl);

(29) Peyote, unless unharvested and growing in its natural state, meaning all parts of the plant classified botanically as Lophophora , whether growing or not, the seeds of the plant, an extract from a part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts;

(30) Psilocybin;

(31) Psilocin;

(32) Pyrrolidine analog of phencyclidine (some trade or other names: 1-(1-phenyl- cyclohexyl)-pyrrolidine, PCPy, PHP);

(33) Tetrahydrocannabinols

Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

1 cis or trans tetrahydrocannabinol, and their optical isomers

6 cis or trans tetrahydrocannabinol, and their optical isomers

3,4 cis or trans tetrahydrocannabinol, and its optical isomers;

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.);

(34) Thiophene analog of phencyclidine (some trade or other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-thienyl analog of phencyclidine; TPCP);

(35) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (some trade or other names: TCPy).

Schedule I stimulants

unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Aminorex (some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro- 5-phenyl-2-oxazolamine);

(2) Cathinone (some trade or other names: 2-amino-1-phenyl-1-propanone; alpha- aminopropiophenone; 2-aminopropiophenone and norephedrone);

(3) Fenethylline;

(4) Methcathinone (some other names: 2-(methylamino)-propiophenone; alpha- (methylamino) propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR1432);

(5) 4-methylaminorex;

(6) N-ethylamphetamine; and,

(7) N,N-dimethylamphetamine (some other names: N,N-alpha-trimethylbenzene- ethaneamine; N,N-alpha-trimethylphenethylamine).

Schedule I depressants

unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Gamma-hydroxybutyric acid (some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate)

(2) Mecloqualone; and,

(3) Methaqualone.

SCHEDULE II

Schedule II consists of:

Schedule II substances, vegetable origin or chemical synthesis

the following substances, however produced, except those narcotic drugs listed in other schedules:

(1) Opium and opiate, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine-derived butorphanol, naloxone and its salts, naltrexone and its salts, and nalmefene and its salts, but including:

(1-1) Codeine;

(1-2) Dihydroetorphine;

(1-3) Ethylmorphine;

(1-4) Etorphine hydrochloride;

(1-5) Granulated opium;

(1-10) Opium extracts;

(1-11) Opium fluid extracts;

(1-12) Oxycodone;

(1-13) Oxymorphone;

(1-14) Powdered opium;

(1-15) Raw opium;

(1-16) Thebaine; and,

(1-17) Tincture of opium;

(2) a salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by Paragraph (1) of Schedule II substances, vegetable origin or chemical synthesis, other than the isoquinoline alkaloids of opium;

(3) Opium poppy and poppy straw;

(4) Cocaine, including:

(4-1) its salts, its optical, position, and geometric isomers, and the salts of those isomers; and,

(4-2) coca leaves and a salt, compound, derivative, or preparation of coca leaves that is chemically equivalent or identical to a substance described by this paragraph, other than decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine; and,

(5) Concentrate of poppy straw, meaning the crude extract of poppy straw in liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy;

Opiates

the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(6) Dextropropoxyphene, bulk (nondosage form);

(11) Levo-alphacetylmethadol (some trade or other names: levo-alpha-acetylmethadol, levomethadyl acetate, LAAM);

(16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane;

(17) Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenyl-propane-carboxylic acid;

(18) Pethidine (meperidine);

(19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(26) Remifentanil; and

(27) Sufentanil;

Schedule II stimulants

unless listed in another schedule and except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section 481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

(2) Methamphetamine, including its salts, optical isomers, and salts of optical isomers;

(3) Methylphenidate and its salts; and,

(4) Phenmetrazine and its salts;

Schedule II depressants

unless listed in another schedule, a material, compound, mixture or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Amobarbital;

(2) Glutethimide;

(3) Pentobarbital; and,

(4) Secobarbital;

Schedule II hallucinogenic substances

(1) Nabilone (Another name for nabilone: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8, 10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one);

Schedule II precursors

unless specifically excepted or listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances:

(1) Immediate precursor to methamphetamine:

(1-1) Phenylacetone and methylamine if possessed together with intent to manufacture methamphetamine;

(2) Immediate precursor to amphetamine and methamphetamine:

(2-1) Phenylacetone (some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone); and,

(3) Immediate precursors to phencyclidine (PCP):

(3-1) 1-phenylcyclohexylamine; and,

(3-2) 1-piperidinocyclohexanecarbonitrile (PCC).

SCHEDULE III

Schedule III consists of:

Schedule III depressants

(1) a compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any of their salts and one or more active medicinal ingredients that are not listed in a schedule;

(2) a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any of their salts and approved by the Food and Drug Administration for marketing only as a suppository;

(3) a substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances that are specifically listed in other schedules;

(4) Chlorhexadol;

(5) Any drug product containing gamma hydroxybutyric acid, including its salts, isoners, and salts of isomers, for which an application is approved under Section 505 of the Federal Food Drug and Cosmetic Act:

(6) Ketamine, its salts, isomers, and salts of isomers. Some other names for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;

(7) Lysergic acid;

(8) Lysergic acid amide;

(9) Methyprylon;

(10) Sulfondiethylmethane;

(11) Sulfonethylmethane;

(12) Sulfonmethane; and,

(13) Tiletamine and zolazepam or any salt thereof. Some trade or other names for a tiletamine-zolazepam combination product: Telazol. Some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethyl-pyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon;

Nalorphine

Schedule III narcotics

unless specifically excepted or unless listed in another schedule:

(1) a material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any of their salts:

(1-1) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

(1-2) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(1-3) not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

(1-4) not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(1-5) not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(1-6) not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(1-7) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; and,

(1-8) not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(2) any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts:

(2-1) Buprenorphine

Schedule III stimulants

unless listed in another schedule, a material, compound, mixture or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of the substance's isomers, if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Benzphetamine;

(2) Chlorphentermine;

(3) Clortermine; and,

(4) Phendimetrazine;

Schedule III anabolic steroids and hormones*

anabolic steroids, including any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and include the following:

(1) androstanediol

(1-1) 3 beta,17 beta-dihydroxy-5 alpha-androstane; and

(1-2) 3 alpha,17 beta -dihydroxy-5 alpha-androstane;

(2) androstanedione (5 alpha-androstan-3,17-dione);

(3) androstenediol--

(3-1) 1-androstenediol (3 beta,17 beta-dihydroxy-5 alpha-androst-1-ene);

(3-2) 1-androstenediol (3 alpha,17 beta-dihydroxy-5 alpha-androst-1-ene);

(3-3) 4-androstenediol (3 beta,17 beta-dihydroxy-androst-4-ene); and,

(3-4) 5-androstenediol (3 beta,17 beta-dihydroxy-androst-5-ene);

(4) androstenedione--

(4-1) 1-androstenedione ([5 alpha]-androst-1-en-3,17-dione);

(4-2) 4-androstenedione (androst-4-en-3,17-dione); and

(4-3) 5-androstenedione (androst-5-en-3,17-dione);

(5) bolasterone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyandrost-4-en-3-one);

(6) boldenone (17 beta-hydroxyandrost-1,4,-diene-3-one);

(7) calusterone (7 beta,17 alpha-dimethyl-17 beta-hydroxyandrost-4-en-3-one);

(8) clostebol (4-chloro-17 beta-hydroxyandrost-4-en-3-one);

(9) dehydrochloromethyltestosterone (4-chloro-17 beta-hydroxy-17alpha-methyl-androst-1,4-dien-3-one);

(10) delta-1-dihydrotestosterone (a.k.a. '1-testosterone') (17 beta-hydroxy-5 alpha-androst-1-en-3-one);

(11) 4-dihydrotestosterone (17 beta-hydroxy-androstan-3-one);

(12) drostanolone (17 beta-hydroxy-2 alpha-methyl-5 alpha-androstan-3-one);

(13) ethylestrenol (17 alpha-ethyl-17 beta-hydroxyestr-4-ene);

(14) fluoxymesterone (9-fluoro-17 alpha-methyl-11 beta,17 beta-dihydroxyandrost-4-en-3-one);

(15) formebolone (2-formyl-17 alpha-methyl-11 alpha,17 beta-dihydroxyandrost-1,4-dien-3-one);

(16) furazabol (17 alpha-methyl-17 beta-hydroxyandrostano[2,3-c]-furazan);

(17) 13 beta-ethyl-17 alpha-hydroxygon-4-en-3-one;

(18) 4-hydroxytestosterone (4,17 beta-dihydroxy-androst-4-en-3-one);

(19) 4-hydroxy-19-nortestosterone (4,17 beta-dihydroxy-estr-4-en-3-one);

(20) mestanolone (17 alpha-methyl-17 beta-hydroxy-5 alpha-androstan-3-one);

(21) mesterolone (1 alpha-methyl-17 beta-hydroxy-[5 alpha]-androstan-3-one);

(22) methandienone (17 alpha-methyl-17 beta-hydroxyandrost-1,4-dien-3-one);

(23) methandriol (17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-5-ene);

(24) methenolone (1-methyl-17 beta-hydroxy-5 alpha-androst-1-en-3-one);

(25) 17 alpha-methyl-3 beta, 17 beta-dihydroxy-5 alpha-androstane;

(26) 17alpha-methyl-3 alpha,17 beta-dihydroxy-5 alpha-androstane;

(27) 17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-4-ene.

(28) 17 alpha-methyl-4-hydroxynandrolone (17 alpha-methyl-4-hydroxy-17 beta-hydroxyestr-4-en-3-one);

(29) methyldienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9(10)-dien-3-one);

(30) methyltrienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9-11-trien-3-one);

(31) methyltestosterone (17 alpha-methyl-17 beta-hydroxyandrost-4-en-3-one);

(32) mibolerone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyestr-4-en-3-one);

(33) 17 alpha-methyl-delta-1-dihydrotestosterone (17 beta-hydroxy-17 alpha-methyl-5 alpha-androst-1-en-3-one) (a.k.a. '17-alpha-methyl-1-testosterone');

(34) nandrolone (17 beta-hydroxyestr-4-en-3-one);

(35) norandrostenediol--

(35-1) 19-nor-4-androstenediol (3 beta, 17 beta-dihydroxyestr-4-ene);

(35-2) 19-nor-4-androstenediol (3 alpha, 17 beta-dihydroxyestr-4-ene);

(35-3) 19-nor-5-androstenediol (3 beta, 17 beta-dihydroxyestr-5-ene); and

(35-4) 19-nor-5-androstenediol (3 alpha, 17 beta-dihydroxyestr-5-ene);

(36) norandrostenedione--

(36-1) 19-nor-4-androstenedione (estr-4-en-3,17-dione); and

(36-2) 19-nor-5-androstenedione (estr-5-en-3,17-dione;

(37) norbolethone (13 beta,17alpha-diethyl-17 beta-hydroxygon-4-en-3-one);

(38) norclostebol (4-chloro-17 beta-hydroxyestr-4-en-3-one);

(39) norethandrolone (17 alpha-ethyl-17 beta-hydroxyestr-4-en-3-one);

(40) normethandrolone (17 alpha-methyl-17 beta-hydroxyestr-4-en-3-one);

(41) oxandrolone (17 alpha-methyl-17 beta-hydroxy-2-oxa-[5 alpha]-androstan-3-one);

(42) oxymesterone (17 alpha-methyl-4,17 beta-dihydroxyandrost-4-en-3-one);

(43) oxymetholone (17 alpha-methyl-2-hydroxymethylene-17 beta-hydroxy-[5 alpha]-androstan-3-one);

(44) stanozolol (17 alpha-methyl-17 alpha-hydroxy-[5 alpha]-androst-2-eno[3,2-c]-pyrazole);

(45) stenbolone (17 beta-hydroxy-2-methyl-[5 alpha]-androst-1-en-3-one);

(46) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);

(47) testosterone (17 beta-hydroxyandrost-4-en-3-one);

(48) tetrahydrogestrinone (13 beta,17 alpha-diethyl-17 beta-hydroxygon-4,9,11-trien-3-one);

(49) trenbolone (17 beta-hydroxyestr-4,9,11-trien-3-one); and

(50) any salt, ester, or ether of a drug or substance described in this paragraph.

Schedule III hallucinogenic substances

(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in U.S. Food and Drug Administration approved drug product. (Some other names for dronabinol:(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-tri-methyl-3-pentyl-6H- dibenzo[b,d]pyran-1-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol).

SCHEDULE IV

Schedule IV consists of:

Schedule IV depressants

except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section 481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(7) Chlordiazepoxide;

(15) Dichloralphenazone;

(16) Estazolam;

(17) Ethchlorvynol;

(18) Ethinamate;

(19) Ethyl loflazepate;

(33) Methylphenobarbital (mephobarbital);

*(51) Zopiclone, its salts, isomers, and salts of isomers.

Schedule IV stimulants

unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of those isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Cathine [(+)-norpseudoephedrine];

(9) Pemoline (including organometallic complexes and their chelates);

(10) Phentermine;

(11) Pipradrol;

(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]; and

(13) Sibutramine

Schedule IV narcotics

unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs or their salts:

(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit; and

(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2- propionoxybutane).

Schedule IV other substances

unless specifically excepted or unless listed in another schedule, a material, compound, substance's salts:

(1) Butorphanol, including its optical isomers; and,

(2) Pentazocine, its salts, derivatives, compounds, or mixtures.

SCHEDULE V

Schedule V consists of:

Schedule V narcotics containing non-narcotic active medicinal ingredients

a compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that also contain one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100grams;

(2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;

(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) Not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams; and,

(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;

Schedule V stimulants

unless specifically exempted or excluded or unless listed in another schedule, a compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:

(1) Pyrovalerone.

Schedule V depressants*

Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts.

(1) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid]

TRD-200600811

Cathy Campbell

General Counsel

Department of State Health Services

Filed: February 15, 2006

Texas Department of Insurance

Company Licensing

Application for admission to the state of Texas by MILWAUKEE SAFEGUARD INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Brookfield, Wisconsin.

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

TRD-200600805

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 15, 2006

Notice of Application by a Small Employer Health Benefit Plan Issuer to be a Risk-Assuming Health Benefit Plan Issuer

Notice is given to the public of the application of the listed small employer health benefit plan issuer to be a risk-assuming health benefit plan issuer under §1501.312, Texas Insurance Code. A small employer health benefit plan issuer is defined by §1501.002(16), Texas Insurance Code, as a health benefit plan issuer offering, delivering, issuing for delivery, or renewing health benefit plans subject to Subchapters C - H of Chapter 1501, Texas Insurance Code. A risk-assuming health benefit plan issuer is defined by §1501.301(4), Texas Insurance Code, as a small employer health benefit plan issuer that does not participate in the Texas Health Reinsurance System. The following small employer health benefit plan issuer has applied to be a risk-assuming health benefit plan issuer:

Madison National Life Insurance Company, Inc.

The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal and Compliance Division--Archie Clayton, 333 Guadalupe, Tower I, Room 860, Austin, Texas.

If you wish to comment on the application of Madison National Life Insurance Company, Inc. to be a risk-assuming health benefit plan issuer, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the application and comments, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the applicant to be a risk-assuming health benefit plan issuer.

TRD-200600759

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 14, 2006

Notice of Application by a Small Employer Health Benefit Plan Issuer to be a Risk-Assuming Health Benefit Plan Issuer

Mid-West National Life Insurance Company of Tennessee

The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal and Compliance Division--Archie Clayton, 333 Guadalupe, Tower I, Room 860, Austin, Texas.

If you wish to comment on the application of Mid-West National Life Insurance Company of Tennessee to be a risk-assuming health benefit plan issuer, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the application and comments, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the applicant to be a risk-assuming health benefit plan issuer.

TRD-200600760

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 14, 2006

Texas Department of Licensing and Regulation

Vacancies on Auctioneer Education Advisory Board

The Texas Department of Licensing and Regulation (Department) announces vacancies on the Auctioneer Education Advisory Board (Advisory Board) established by Texas Occupations Code, Chapter 1802. The pertinent rules may be found in 16 TAC §67.65. The purpose of the Auctioneer Education Advisory Board is to advise the Texas Commission of Licensing and Regulation (Commission) on educational matters.

The Advisory Board is composed of five members appointed by the presiding officer of the Commission, with the Commission's approval. Three members are licensed auctioneers; one member is the Executive Director of the Texas Department of Economic Development or the director's designee; and one member is the Commissioner of Education or the commissioner's designee. The auctioneer members appointed under §1802.102(a)(1) serve two-year terms that expire on September 1. The remaining members are ex officio members. Each ex officio member shall continue to serve during the time the member holds office. This announcement is for two licensed auctioneer positions.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874 or e-mail jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at www.license.state.tx.us.

Applicants may be asked to appear for an interview, however any required travel for an interview would be at the applicant's expense.

TRD-200600808

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 15, 2006

Vacancy on Air Conditioning and Refrigeration Contractors Advisory Board

The Texas Department of Licensing and Regulation (Department) announces a vacancy on the Air Conditioning and Refrigeration Contractors Advisory Board (Advisory Board) established by Texas Occupations Code, Chapter 1302. The pertinent rules may be found in 16 TAC §75.65. The purpose of the Air Conditioning and Refrigeration Contractors Advisory Board is to advise the Texas Commission of Licensing and Regulation (Commission) in adopting rules, administering and enforcing this chapter, and setting fees.

The Advisory Board is composed of six members appointed by the presiding officer of the Commission, with the Commission's approval. The Advisory Board consists of one official of a municipality with a population of more than 250,000; one official of a municipality with a population of not more than 250,000; and four full-time licensed air-conditioning and refrigeration contractors, as follows: one member who holds a Class A license and practices in a municipality with a population of more than 250,000; one member who holds a Class B license and practices in a municipality with a population of more than 250,000; one member who holds a Class A license and practices in a municipality with a population of more than 25,000 but not more than 250,000; and one member who holds a Class B license and practices in a municipality with a population of not more than 25,000. At least one appointed Advisory Board member must be an air conditioning and refrigeration contractor who employs organized labor, and at least two appointed members must be air conditioning and refrigeration contractors who are licensed engineers. The executive director and the chief administrator of this chapter serve as ex officio, nonvoting members of the Advisory Board. Members serve staggered six-year terms. The terms of two appointed members expire on February 1 of each odd-numbered year. This announcement is for the position of a Class B licensed contractor who practices in a municipality with a population of not more than 25,000.

Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.

TRD-200600804

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 15, 2006

Vacancy on Electrical Safety and Licensing Advisory Board

The Texas Department of Licensing and Regulation (Department) announces a vacancy on the Electrical Safety and Licensing Advisory Board (Advisory Board) established by Texas Occupations Code, Chapter 1305. The pertinent rules may be found in 16 TAC §73.65. The purpose of the Electrical Safety and Licensing Advisory Board is to provide advice and recommendations to the Department on technical matters relevant to the administration and enforcement of this chapter, including examination content, licensing standards, electrical code requirements, and continuing education requirements.

The Advisory Board is composed of six members appointed by the presiding officer of the Texas Commission of Licensing and Regulation (Commission), with the Commission's approval. The Advisory Board consists of three master electrician members, three journeyman electrician members, and three public members. Members serve staggered six-year terms. This announcement is for one position of a Journeyman.

Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.

TRD-200600806

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 15, 2006

Vacancy on Licensed Court Interpreter Advisory Board

The Texas Department of Licensing and Regulation announces a vacancy on the Licensed Court Interpreter Advisory Board (Advisory Board) established by Texas Government Code, Chapter 57. The purpose of the Licensed Court Interpreter Advisory Board is to advise the Texas Commission of Licensing and Regulation (Commission) in adopting rules and designing a licensing examination.

The Advisory Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission's approval. The Advisory Board consists of an active district, county, or statutory county court judge who has been a judge for at least the three years preceding the date of appointment; an active court administrator who has been a court administrator for at least the three years preceding the date of appointment; an active attorney who has been a practicing member of the state bar for at least the three years preceding the date of appointment; three active licensed court interpreters; and three public members who are residents of this state. Members serve staggered six-year terms with the terms of one third of the members expiring on February 1, of each odd numbered year. This announcement is for one position of an active district, county, or statutory county court judge who has been a judge for at least the three years preceding the date of appointment.

Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.

TRD-200600807

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 15, 2006

Texas Lottery Commission

Instant Game Number 722 "Jokers Wild Bingo"

1.0 Name and Style of Game.

A. The name of Instant Game No. 722 is "JOKER’S WILD BINGO". The play style is "bingo".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 722 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 722.

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: B01, B02, B03, B04, B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, JOKER’S WILD SYMBOL, 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, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75 and FREE.

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. 722 - 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. 722 - 1.2E

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

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

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

H. Mid-Tier Prize - A prize of $30.00, $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 (722), 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: 722-0000001-001.

L. Pack - A pack of "JOKER’S WILD BINGO" 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 "JOKER’S WILD BINGO" Instant Game No. 722 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 "JOKER’S WILD BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose 130 (one hundred thirty) Play Symbols. The player must scratch off the CALLER’S CARD area to reveal 24 (twenty-four) Bingo Numbers and six (6) Bonus Numbers. The player must mark all the BINGO NUMBERS on Cards 1 through 4 that match the Bingo Numbers or Bonus Numbers on the Caller’s Card. Each card has a corresponding prize legend. Reveal a Joker’s Wild symbol in Caller’s Card and use it once as an additional FREE spot on any one of the 4 Player’s Cards to complete a winning pattern. Players win by matching those same numbers on the four Player’s Cards. If the player finds a diagonal, vertical or horizontal straight line, the four corners of the grid, or an X pattern, they win a prize according to the legend of the respective player’s card. Examples of play: If a player matches all bingo numbers plus the Free Space in a complete horizontal, vertical, or diagonal line pattern in any one card the player wins the prize according to the legend of the respective playing card. If the player matches all bingo numbers in all four (4) corners pattern in any one card the player wins the prize according to the legend of the respective playing card. If the player matches all bingo numbers plus the Free Space to make a complete "X" pattern in any one card the player wins the prize according to the legend of the respective playing card. The player can win up to four times on any ticket but only once on each "card". 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 130 (one hundred thirty) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 130 (one hundred thirty). Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 130 (one hundred thirty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 130 (one hundred thirty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. A ticket will win as indicated by the prize structure.

B. A ticket can win up to four times and only once per Card.

C. There will never be more than one win on a single Bingo Card.

D. No duplicate numbers will appear on the Caller’s Card and Bonus Numbers.

E. The JOKER’S WILD symbol will only appear in the CALLER’S CARD.

F. No ticket will have more than one (1) JOKER’S WILD symbol.

G. The JOKER’S WILD symbol will not appear in the BONUS NUMERS.

H. No duplicate numbers will appear within one player’s card on a ticket.

I. The number range used for each letter will be as follows: B: 01-15, I: 16-30, N: 31-45, G: 46-60 and O: 61-75.

J. Each Player’s Card on the same ticket must be unique.

K. The JOKER’S WILD symbol will only appear on winning tickets if it is part of the winning pattern.

2.3 Procedure for Claiming Prizes.

A. To claim a "JOKER’S WILD BINGO" Instant Game prize of $2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $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 $30.00, $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 "JOKER’S WILD BINGO" 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 "JOKER’S WILD BINGO" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "JOKER’S WILD BINGO" 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 "JOKER’S WILD BINGO" 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 14,880,000 tickets in the Instant Game No. 722. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 722- 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. 722 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. 722, 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-200600689

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 10, 2006

North East Texas Regional Mobility Authority

Notice of Availability of Request for Qualifications to Provide Financial Advisory Services

The North East Texas Regional Mobility Authority ("NET RMA"), a political subdivision, is soliciting statements of interest and qualifications from professional financial advisory firms interested in providing financial advisory services to the authority. Firms responding must demonstrate a history of providing expert advice to governmental agencies, including but not limited to investment of available assets in legally permissible interest-yielding accounts and paper, issuance and servicing of tax-exempt debt, analysis of the financial feasibility of potential turnpike projects, and previous involvement in financing of transportation infrastructure.

A request for qualifications ("RFQ") packet may be obtained electronically from the websites of Smith County (www.smith-county.com) or Gregg County (www.co.gregg.tx.us). Copies will also be available by contacting Jeff Austin, III at (903) 595-6585 or C. Brian Cassidy at (512) 305-4855. Periodic updates, addenda, and clarifications may be posted on the websites of Smith and Gregg Counties, and interested parties are responsible for monitoring the websites accordingly. Final proposals must be received by the North East Texas Regional Mobility Authority, c/o Austin Bank, 305 S. Broadway Avenue, Suite 100, Tyler, Texas 75702, Attention: Jeff Austin, III by 4:00 p.m. C.S.T. March 9, 2006, to be eligible for consideration.

Each firm will be evaluated based on the criteria and process set forth in the RFQ. The final selection of the financial advisory firm, if any, will be made by the NET RMA Board of Directors.

Questions concerning this RFQ shall be directed in writing to Gary Halbrooks, c/o Venue Properties, Inc., 1001 WSW Loop 323, Tyler, Texas 75701 and C. Brian Cassidy, c/o Locke Liddell & Sapp LLP, 100 Congress Avenue, Suite 300, Austin, Texas 78701, or via email to garyhalbrooks@venueproperties.com and bcassidy@lockeliddell.com. All questions must be received by 4:00 p.m. C.S.T. February 28, 2006.

TRD-200600809

Jeff Austin, III

Chairman

North East Texas Regional Mobility Authority

Filed: February 15, 2006

Public Utility Commission of Texas

Announcement of Application for State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas (commission) received an application on February 10, 2006, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Application of Optical Entertainment Network, Inc. d/b/a Fision for a State-Issued Certificate of Franchise Authority, Project Number 32407 before the Public Utility Commission of Texas.

Applicant intends to provide video service. The requested CFA service area includes the following cities and counties: Harris County: all unincorporated areas of the county, as well as the areas included in the city limits of the following municipalities in the county: Bellaire, Bunker Hill Village, Cypress, Hedwig Village, Hilshire Village, Houston, Humble, Hunters Creek, Kingwood, Piney Point Village, Southside Place, Spring, Tomball, West University Place; Fort Bend County: all unincorporated areas of the county, as well as the areas included in the city limits of the following municipalities in the county: Stafford and Sugarland; and Galveston County: all unincorporated areas of the county.

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 32407.

TRD-200600791

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 14, 2006

Corrected Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on January 27, 2006, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Application of the Brownsville Public Utilities Board (BPUB) to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Cameron County (International Logistic Business Park). Docket Number 32340.

The Application: The application encompasses an area of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville. BPUB received a letter request from G & R Industrial Facilities, L.L.C. requesting BPUB to provide electric utility service to a 110.291-acre business park. The estimated cost to BPUB to provide service to this proposed area is $137,840.00. The area is presently undeveloped. The application proposes to grant the City of Brownsville single certification for electric service for the area at issue.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than February 17, 2006, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 32340.

TRD-200600793

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 14, 2006

Notice of Application for a Certificate of Convenience and Necessity for a Proposed Transmission Line in Calhoun County

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on February 10, 2006, for a certificate of convenience and necessity for a proposed transmission line in Calhoun County, Texas.

Docket Style and Number: Application of South Texas Electric Cooperative, Inc. (STEC) for a Certificate of Convenience and Necessity (CCN) for a Proposed Transmission Line in Calhoun County, Texas. Docket Number 32406.

The Application: The project is designated the Port O'Connor to DOW/Union Carbide Transmission Line Project. This project has a two fold purpose: (1) it will complete a 69 kV loop that feeds the STEC Port O'Connor substation by improving reliability and (2) it will provide transmission facilities in which a STEC Seadrift substation can be added to serve load growth in the Seadrift area. The estimated completion date for the project is September 2007. This application includes facilities subject to the Coastal Management Program and must be consistent with the Coastal Management Program goals and policies.

Persons wishing to intervene or 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. The deadline for intervention in this proceeding is March 27, 2006. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 32406.

TRD-200600792

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 14, 2006

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

On February 6, 2006, Summit Communications of Texas, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60739. Applicant intends to reflect a change in the type of provider to include facilities-based services.

The Application: Application of Summit Communications of Texas, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 32393.

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 March 1, 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 32393.

TRD-200600655

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 8, 2006

Notice of Application for Transfer of Responsibility for Administration of Nuclear Decommissioning Trust Funds

Notice is given to the public of an application for transfer of responsibility for administration of nuclear decommissioning trust funds with the Public Utility Commission of Texas on February 14, 2006, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §§14.001, 14.002, 39.205 (Vernon 1998 & Supp. 2005) (PURA).

Docket Style and Number: Application of Texas Genco, LP and CenterPoint Energy Houston Electric, LLC for Transfer of Responsibility for Administration of Nuclear Decommissioning Trust Funds, Docket Number 32367.

The Application: Texas Genco, LP (Genco) and CenterPoint Energy Houston Electric, LLC (CenterPoint) filed an application requesting 1) the Commission transfer to Genco, the sole responsibility for administering the funds for the nuclear decommissioning trust related to the 30.8% undivided interest in the South Texas Project Electric Generating Station (STP) that Genco originally acquired from Reliant Energy, Inc. in 2002; and 2) the Commission approve the form of the proposed Amended and Restated Decommissioning Funds Collection Agreement between Genco and CenterPoint.

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 32367.

TRD-200600654

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 8, 2006

Notice of Petition for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on February 8, 2006, for waiver of denial by the North American Numbering Plan Administration (NANPA) Pooling Administrator (PA) of Southwestern Bell Telephone, L.P.'s, doing business as AT&T Texas (AT&T), request for additional numbering resources.

Docket Title and Number: Request for Waiver of Denial of Numbering Resources--Frisco Rate Center. Docket Number 32403.

The Application: AT&T requested additional numbering resources to satisfy the request of the City of Frisco in the Frisco rate center to meet their business needs.

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 March 1, 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 32403.

TRD-200600693

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2006

Notice of Request for Eligible Telecommunications Provider for Uncertificated Areas Pursuant to P.U.C. Substantive Rule §26.421

Notice is given to the public of a petition filed with the Public Utility Commission of Texas on February 6, 2006, for telecommunications service in Texas uncertified areas pursuant to P.U.C. Substantive Rule §26.421.

Docket Title and Number: Petition for Telecommunications Service in Texas Uncertified Areas. Docket Number 32392.

The Application: Stephen F. Smith filed a petition for telecommunications service in Texas uncertified areas. The Applicant nominated candidate, DialToneServices, L.P. (DTS) to provide telephone service under this petition. The Applicant stated it is his understanding that DTS does not have construction costs due to the fact that they use satellite.

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. 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 32392.

TRD-200600696

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2006

Texas Department of Transportation

Correction of Error

The Texas Department of Transportation adopted new 43 TAC §8.138, concerning temporary cardboard tags, in the February 10, 2006, issue of the Texas Register (31 TexReg 873). The department submitted an incorrect graphic image for "Appendix B-3" found under §8.138(b)(3). The figure was published at 31 TexReg 896.

The error was a technical mistake. Appendix B-3 is a graphic that illustrates the supplemental buy tag for the sale of motor vehicles. The print on the tag is blue; however under the tag, the descriptive text said "Color PMS#185". The correct statement for the descriptive text is "Color: Reflex Blue."

Figure: 43 TAC §8.138(b)(3) (.pdf)

TRD-200600784

Texas Water Development Board