TITLE in-addition

Department of Aging and Disability Services

Open Solicitation #2 for Real County

Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 Texas Administrative Code (TAC) §19.2324(c), secondary selection process, the Department of Aging and Disability Services (DADS) is announcing an open solicitation period of 30 days, effective the date of this public notice, for Real County, County #193 . Medicaid nursing facility occupancy rates in Real County exceeded the 90% occupancy threshold for six consecutive months during the period of September 2005 through February 2006 . The county occupancy rates for each month of that period were: 90.5%, 98.2%, 99.2%, 95.1%, 95.0%, 96.9% . In accordance with the requirements contained in 40 TAC §19.2324(c), DADS will allocate up to 90 Medicaid beds to an eligible applicant that desires to construct a new nursing facility or to construct an addition to an existing nursing facility. Applicants for additional Medicaid beds must demonstrate a history of quality care as specified in 40 TAC §19.2322(e). Applicants must submit a written reply as described in 40 TAC §19.2324(c)(4) to Joe D. Armstrong, Department of Aging and Disability Services, Licensing and Credentialing Section, Regulatory Services, Mail Code E-342, P.O. Box 149030, Austin, Texas 78714-9030. The written reply must be received by DADS before the close of business July 10, 2006, the published ending date of the open solicitation period. If one or more applicants are eligible for additional Medicaid beds, DADS will allocate Medicaid beds in accordance with 40 TAC §19.2324(c)(5). If no application for the secondary selection process is received or if no applicant meets the requirements in §19.2324(c), no further solicitation will occur.

TRD-200602942

Marianne Reat

General Counsel

Department of Aging and Disability Services

Filed: May 30, 2006


Ark-Tex Council of Governments

Request for Qualifications

Ark-Tex Council of Governments (ATCOG) is seeking qualified persons for Environmental Enforcement training. Please contact Elizabeth Layman, Environmental Resource Planner, at ATCOG, 122 Plaza West or by calling (903) 832-8636.

TRD-200602943

L. D. Williamson

Executive Director

Ark-Tex Council of Governments

Filed: May 30, 2006


Texas Building and Procurement Commission

Request for Proposal

The Texas Building and Procurement Commission (TBPC), on behalf of the Department of Assistive and Rehabilitative Services (DARS), announces the issuance of Request for Proposals (RFP) #303-6-11386. TBPC seeks a 5 year lease of approximately 4,952 square feet of office space in the McAllen or Edinburg area, Hidalgo County, Texas.

The deadline for questions is June 13, 2006 and the deadline for proposals is June 22, 2006 at 3:00 P.M. The award date is July 24, 2006. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the revised RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=64674.

TRD-200602935

Ingrid Hansen

General Counsel

Texas Building and Procurement Commission

Filed: May 26, 2006


Request for Proposal

The Texas Building and Procurement Commission (TBPC), on behalf of the Comptroller of Public Accounts (CPA), announces the issuance of Request for Proposals (RFP) #303-6-11581. TBPC seeks a five year lease of approximately 2,390 square feet of office space in Houston, Texas.

The deadline for questions is June 20, 2006 and the deadline for proposals is June 29, 2006 at 3:00 p.m. The award date is August 1, 2006. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=65104.

TRD-200602955

Ingrid K. Hansen

General Counsel

Texas Building and Procurement Commission

Filed: May 31, 2006


Comptroller of Public Accounts

RFQ 175q - Independent Examining Services

Request for Qualifications: Pursuant to Senate Bill 1458, 77th Texas Legislature, codified in Subchapter A, Chapter 111, §111.0045, Texas Tax Code, the Comptroller of Public Accounts (the Comptroller) issues this Request for Qualifications (RFQ #175q) from qualified independent persons or firms to perform certain services. As a clarification, as used in this RFQ #175q and the Comptroller's rules codified at 34 TAC §3.3, the services under any contracts resulting from this RFQ mean tax compliance examination services; such services do not include any attestation services or rendition of an opinion of any nature by any such contractors.

The Comptroller issued this RFQ #175q by posting it on the Electronic State Business Daily on June 9, 2006, and, by publishing this RFQ #175q in the June 9, 2006 issue of the Texas Register . The Comptroller solicits a Statement of Qualifications pursuant to Chapter 2254, Subchapter A, of the Texas Government Code from persons or firms that are interested in contracting with the Comptroller to perform examinations that meet the requirements of §111.0045, Texas Tax Code; administrative rules adopted and procedures established by the Comptroller under that statute; and other applicable law. The Comptroller has adopted a rule governing contract examiners as codified at 34 TAC §3.3. Under this RFQ, the Comptroller reserves the right to select and contract with one or more persons or firms to conduct these examinations on an as-needed basis. No minimum amount of examinations or compensation is guaranteed to any selected contractor.

The Comptroller solicits Statements of Qualifications in response to this RFQ from existing contract examiners as well as qualified persons or firms not currently or previously under contract with the Comptroller. All respondents, including contract examiners selected under previous RFQs must attend Mandatory Orientation conducted by the Comptroller prior to receipt of any examination packages under any contract awarded under this RFQ. However, respondents that are existing contractors and have received an official notice of intent to renew contract through August 31, 2007 do not need to submit a response to this RFQ. The contract term shall be for one year ending August 31, 2007 with no renewal options.

By this contract examination program, the Comptroller intends to increase the number of examinations of taxpayers. The Comptroller has implemented a program to contract with interested persons and firms that meet the following minimum qualifications and other reasonable qualifications established by the Comptroller consistent with §111.0045, Texas Tax Code; the Comptroller's administrative rules and procedures; and other applicable law.

The Comptroller will accept Statements of Qualifications in response to this RFQ from firms and individuals that have the following minimum qualifications:

(i) a bachelor's degree from an accredited senior college or university with a minimum of twenty-four (24) hours of accounting, including six (6) hours of intermediate accounting and three hours of auditing; and

(ii) one (1) year of experience in Texas tax auditing, accounting, or other Texas tax services.

For state fiscal year 2007, the Comptroller will select, in its sole discretion, those qualified contract examiners to perform examinations on an as-needed and as-assigned basis that the Comptroller identifies as appropriate for inclusion in such contracts. At the time of assignment, the Comptroller will provide selected contract examiners with a preliminary examination package containing the identity and requisite information for each taxpayer that will be examined under the contract. The contracts will provide for one or more awards of not to exceed $150,000 firm fixed price payment to the examiner upon successful completion of the assigned examinations (final examination package) and the Comptroller's written acceptance of the examination report and other contract deliverables, including workpapers. Awards shall be based on the qualifications of the examiners proposed in the Statement of Qualifications submitted. Individual examiners submitting Statements of Qualification who have no other examiner employees shall be considered, in the Comptroller's sole discretion, for one (1) $60,000, $75,000, or $90,000 award; and individual examiners with at least one (1) employee examiner and firms in the form of any business entity that may lawfully perform examinations and which have two (2) or more examiners may be considered, in the Comptroller's sole discretion, for multiple awards of $60,000 or $75,000. Barring unforeseen circumstances, only one (1) round of awards will be made at the beginning of the one (1) year contract term; however, the Comptroller reserves the right, in its sole discretion, to make additional awards during the one (1) year contract term. Payment will be made in accordance with the terms of the contract. Each contract will require the examiner to perform and complete the examinations, including the examination reports, for a group of taxpayers that, based on historical examination completion data, should require about 1,280 person hours of work for each $60,000 amount to complete at the rate of $46.88 per hour. Examiners will be paid for assigned work completed to date in $10,000 increments (except the last payment, if applicable) upon completion of a set number of the examinations assigned as determined by the Comptroller and, upon submission to and acceptance by the Comptroller as provided in the contract.

In performing assigned examinations and for the contracted lump sum payments, selected contract examiners will complete all work necessary to identify the correct amount of tax that should have been reported by each taxpayer and provide the Comptroller with the data and other information necessary to support any assessment of tax or refund of tax that results from the examination report. Selected contract examiners will also provide any time reports and other written documentation required by the Comptroller. The Comptroller will not make any payments in advance.

Under this RFQ, the maximum contract amount paid to any individual examiner without additional examiner employees, an individual examiner with additional examiner employees, or a firm with multiple examiners will not exceed $150,000.00 for the FY 2007.

Selected contract examiners must complete all work and submit all examination reports, workpapers, and other deliverables no later than required under the terms of the proposed contract.

Selected contract examiners must meet professional conflict of interest standards and other standards established by the Comptroller to ensure the independence of each assigned examination.

Regarding prior employment with the Comptroller, the following provisions shall apply in determining eligibility for contract awards, if any, resulting from this RFQ.

Section 2252.901, Texas Government Code, reads as follows: "(a) A state agency may not enter into an employment contract, a professional services contract under Chapter 2254, or a consulting services contract under Chapter 2254 with a former or retired employee of the agency before the first anniversary of the last date on which the individual was employed by the agency, if appropriated money will be used to make payments under the contract. This section does not prohibit an agency from entering into a professional services contract with a corporation, firm, or other business entity that employs a former or retired employee of the agency within one year of the employee leaving the agency, provided that the former or retired employee does not perform services on projects for the corporation, firm, or other business entity that the employee worked on while employed by the agency."

Pursuant to the above statute, an individual employed by the Comptroller during the last twelve (12) months may be employed by another Contractor but shall not work on projects or perform examinations on taxpayers he or she examined while employed by the Comptroller. That is, the Comptroller interprets "projects" within §2252.901 to include specific examinations performed or worked on by the former employee. Additionally, it is the Comptroller's policy that, if a former employee of the Comptroller of the type described above is employed by or associated with a business entity in which such employee holds any equity interest, then the firm may not contract with the Comptroller within the twelve (12) month period. The twelve (12) month period is determined by working back from the effective date of the proposed contract.

Section 572.054, Texas Govt. Code, reads in pertinent part as follows:

"(b) A former state officer or employee of a regulatory agency who ceases service or employment with that agency on or after January 1, 1992, may not represent any person or receive compensation for services rendered on behalf of any person regarding a particular matter in which the former officer or employee participated during the period of state service or employment, either through personal involvement or because the case or proceeding was a matter within the officer's or employee's official responsibility.

(c) Subsection (b) applies only to:

(1) a state officer of a regulatory agency; or

(2) a state employee of a regulatory agency who is compensated, as of the last date of state employment, at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule, including an employee who is exempt from the state's position classification plan."

This §572.054 (b) prohibition against working on matters that the former employee participated in while employed by the Comptroller applies without limitation to any such past actions by the employee even if longer than twelve (12) months, if the employee's compensation exceeded $33,000 annually while employed by the Comptroller at any time during that employee's employment with the Comptroller. Again, it is the Comptroller's policy interpretation that "matter" includes specific examinations of taxpayers.

Time is of the essence in implementation of this program. Respondents to this RFQ must be available to begin accepting assignments no later than September 2006 upon completion of orientation or other timelines established by the Comptroller for such implementation. The Comptroller anticipates awarding multiple master contracts as a result of this RFQ and will not entertain negotiation of the basic terms and conditions. All respondents will be offered the same master contract terms and conditions. Respondents should not respond to this RFQ if they cannot agree to the terms and conditions of the sample contract. Any resulting contracts are non-exclusive, and the Comptroller may issue additional solicitations for the contracted services at any time. The Comptroller is not obligated to assign any examinations to recipients of master contract awards.

Questions; Proposed Contract: Questions concerning this RFQ must be in writing and submitted via hand delivery, facsimile, or E-mail no later than June 23, 2006, 2:00 p.m., Central Zone Time (CZT) to Thomas H. Hill, Assistant General Counsel, Contracts, General Counsel Division, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas 78774, telephone number: (512) 305-8673, facsimile (512) 475-0973 or E-mail at contracts@cpa.state.tx.us. The Comptroller's official response to questions received by this deadline will be posted as an addendum to the Electronic State Business Daily notice as soon as possible after receipt; the Comptroller expects to post these official responses no later than June 30, 2006 or as soon thereafter as practicable. Respondents should note that the Official Response to Questions may contain information modifying the terms and conditions of the RFQ, revising or amending the RFQ and/or other documents attached to the RFQ. For these reasons, respondents should carefully review and consider the Official Response to Questions, amendments or modifications before submitting their Statements of Qualification. A copy of the sample master contract, the standard form vita described below, mandatory Execution of Statement of Qualifications Form, and Required Checklist for Statements of Qualification are all attached to this RFQ for reference and use by respondents.

Closing Date: An original with original ink signatures on each document within the Statement of Qualifications requiring signatures and ten (10) hard copies of each Statement of Qualifications clearly marked as copies must be overnighted or hand delivered to and received in the Office of the Assistant General Counsel, Contracts, at the address specified above no later than 2:00 p.m. (CZT), on July 14, 2006. Statements of Qualifications received after this time and date will not be considered. No Statements of Qualification will be accepted in any other format or media other than hard copy. Respondents shall be solely responsible for confirming the timely receipt of Statements of Qualifications.

Content: Statements of Qualifications must include all of the following information in order to be considered:

1. Checklist in format of Exhibit G to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;

2. Transmittal letter that: (a) describes specific experience and qualifications of both the firm and each individual in the conduct of state tax examinations and (b) outlines the respondent's understanding of §111.0045, Texas Tax Code, and other relevant provisions of the Texas Tax Code and other related enabling legislation related to conduct of these examinations on an as-needed basis;

3. Physical address of firm's or individual's business offices and each local examination facility and primary contact person;

4. Vita and Addendum A for each individual who will be involved in the project. The Vita and Addendum A must be on the form contained on the addenda to the Electronic State Business Daily notice of issuance of this RFQ. This response to the RFQ must disclose all personnel who will perform professional services under the terms of the Master Agreement. Respondent understands only those persons disclosed by the Vita and Addendum A will be admitted to the required orientation classes. This provision will be strictly enforced. All information on the vita form must be fully filled out and complete in all respects. Evaluation of respondents will be based in part on the information on this form, and it is vitally important that the information be fully complete and accurate. Failure to submit a complete, separate, and signed Vita and Addendum A detailing all courses, dates, and subject of courses by each person who applies to perform examination services shall result in disqualification of the Statement of Qualifications;

5. A sample Examination Plan providing a list of the examination procedures and resources that will be utilized to conduct these examinations on an as-needed basis if selected by the Comptroller. The Examination plan should list or describe the actual procedures to be used in sufficient detail so as to demonstrate an understanding of internal control, record keeping, and taxpayer reporting responsibilities for sales tax and the appropriate examination procedures necessary for verification of correct amounts of tax. The sample Examination Plan must include all items contained in the General Audit Checklist section of the Comptroller's Auditing Fundamentals Manual, Chapter 3, and all items contained in the Audit Plan published in Chapter 4 of the Comptroller's Sales Tax Audit Policy/Procedures Manual. The sample examination plan should include all necessary procedures and instructions for completing those procedures in sufficient detail to allow any person who meets the one-year experience requirement in 34 TAC §3.3 to properly perform a sales and use tax examination with minimal supervision. If portions of any Comptroller publication, manual or other document are used to prepare the examination plan or incorporated into the plan, the most current version must be used. The Comptroller's audit manuals may be found at the following internet location:

http://www.window.state.tx.us/taxinfo/audit/auditman.htm. Also see the Comptroller's Auditing Fundamentals Manual, Chapter 3 and 4 at http://www.window.state.tx.us/taxinfo/audit/auditfun/3aplan.htm and http://www.window.state.tx.us/taxinfo/audit/auditfun/4entranc.htm, respectively. Chapter 3 and 4 of the Sales Tax Policy/Procedure Manual are at http://www.window.state.tx.us/taxinfo/audit/salestax/3a.htm and http://www.window.state.tx.us/taxinfo/audit/salestax/4a.htm, respectively;

6. Proposed sample Workplan (including Timeline, Tasks and Deliverables) to implement each of the examinations after assignment, including: (a) methods for deploying personnel and equipment to perform the examinations timely and otherwise in accordance with each contractual requirement; (b) methods for making personnel available for orientation and examination; and (c) date availability for each of the personnel to perform assigned examinations; (d) methods for conducting preliminary (prior to receipt of taxpayer questionnaire) and final (after receipt of taxpayer questionnaire) conflicts checks regarding actual or potential conflicts of interest and notifying the Comptroller prior to accepting or beginning an assignment, and (e) an understanding of the Audit Flowchart Timelines contained in the appendix of the Comptroller's Audit Fundamentals Manual;

7. Statement of whether the respondent is a Historically Underutilized Business (HUB) and its efforts and willingness of the respondent to comply with the HUB requirements of Texas law and administrative rules and regulations. In order to be a Historically Underutilized Business, a respondent must be registered as such with the Texas Building and Procurement Commission according to its rules and regulations concerning the same. You may check their website at www.tbpc.state.tx.us and choose Historically Underutilized Businesses or call the Comptroller's HUB Coordinator, Hilda Galaviz at 512-463-3911;

8. Confirmation of understanding of and willingness to comply with the policies, directives, rules, procedures and guidelines of the Comptroller and other Standards of Performance established by the Comptroller for the conduct of the assigned examinations;

9. Confirmation of understanding of and willingness to adhere to all provisions of the sample contract, including, without limitation, the proposed fee arrangements, as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;

10. Completed, initialed where applicable, and signed Execution of Statement of Qualifications Form on Exhibit A as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;

11. Completed and signed Nondisclosure Agreement on the form set out on Exhibit D to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;

12 Signed letter or letters from a qualified insurance agent or agents containing quotations for ALL OF the required insurance coverages set out in Section VIII of the Master Agreement for Professional Services and stating that the coverages are available to the respondent upon selection, if any, of the contract examiner pursuant to this RFQ. In the alternative, respondents may submit current certificates of insurance showing the required coverage is already in force and in effect. Respondent's insurance agents shall be ready to immediately issue policies and certificates upon notification of the Respondent's selection. Time is of the essence and no Agreements will be executed without the coverage required. A successful Respondent's preliminary selection may be rescinded due to failure to have the required insurance coverage by the time set by the Comptroller;

13. Completed, signed, and initialed where applicable Criminal History Certification on the form set out on Exhibit E to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;

14. Completed and signed Family Code Certification on the form set out on Exhibit F to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;

15. Completed and signed Required Checklist for Statements of Qualifications on the form set out on Exhibit G to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;

16. Signed Statement of representation that the respondent and all persons listed as examiners in its Statement of Qualifications are neither respondents under any other Statement of Qualifications responding to this RFQ, nor are employed by, contracted with, and do not own any equity or debt interest in any other respondent to this RFQ; and

17. Compliance with any amendments, modifications, or other requirements and changes to the RFQ set out in the Official Response to Questions in connection with this RFQ and posted by the Comptroller on the Electronic State Business Daily prior to the Closing Date for this RFQ.

The above 17 items shall be submitted in the respondent's Statement of Qualification as separate and independent numbered sections corresponding to the above items. Failure to properly label and fully respond to each of the 17 items above shall result in disqualification of the respondent.

Mandatory Orientation Session: Respondents must attend, at their sole cost and expense, a mandatory orientation session to be conducted by the Comptroller in Austin on August 30, 2006 through September 1, 2006 or as soon thereafter as possible. Questions regarding this mandatory session should be submitted prior to the deadline for submission of other written questions on this RFQ. A contract examiner responding to this RFQ who has previously attended orientation offered by the Comptroller in connection with any of the five prior RFQs for contract examiners shall not be required to attend the above orientation session.

Evaluation and Award Procedure: All qualifying Statements of Qualifications received by the deadline above will be evaluated based on the evaluation criteria set out on Exhibit H attached to and made a part of this RFQ. The Comptroller will make the final selections in accordance with Chapter 2254, Subchapter A, Texas Government Code, in its sole discretion in the best interests of the Comptroller and the State of Texas. Notice of contract awards will be published in the Electronic State Business Daily and the Texas Register as soon as possible after all contracts, if any, resulting from this Statement of Qualifications, are fully executed. The Electronic State Business Daily may be accessed online at: http://esbd.tbpc.state.tx.us/1380/sagency.cfm.

Protests. Protests regarding this RFQ or actions taken under it shall be governed by the Comptroller's rule located at 34 TAC §1.72, Protests of Agency Purchases.

Limitations: The Comptroller reserves the right to accept or reject any or all Statements of Qualifications submitted in response to this RFQ. The Comptroller reserves the further right to evaluate individual examiners employed by a firm or who are employees of a respondent and approve of contract examiners on an individual basis based on the evaluation criteria. The Comptroller is not obligated to execute any contract or contracts or any specific number of contracts as a result of issuing this RFQ. The Comptroller further reserves the right to issue additional RFQs or other solicitations for the contracted or similar services at any time as the Comptroller determines are necessary to ensure an adequate number of examiners for any assigned examination under this program or any similar program. The Comptroller shall pay no costs or any other amounts incurred by any entity in responding to this RFQ. The Comptroller reserves the right to award contracts on the basis of the need to achieve appropriate examination coverage in all geographical areas of the State of Texas and/or nationwide and to evaluate respondents in a manner that will best achieve this need.

Summary of Schedule: The anticipated schedule is as follows: Issuance of RFQ by publication in the June 9, 2006 issue of the Texas Register and issuance of RFQ, including sample contract, on Electronic State Business Daily - June 9, 2006, 10:00 a.m. CZT; Questions - June 23, 2006, 2:00 p.m. CZT; Posting of Official Responses to Questions - June 30, 2006, 5:00 p.m. CZT or as soon thereafter as practical; Statements of Qualifications Due - July 14, 2006, 2:00 p.m. CZT; Contract Execution - August 15, 2006, or as soon thereafter as practical; Notice of Contract Awards posted on Electronic State Business Daily and Texas Register - August 15, 2006 or as soon thereafter as practical; Mandatory Orientation - August 30, 2006 through September 1, 2006; and Beginning of Examinations - September 2, 2005 upon completion of Orientation, or as soon thereafter as practical.

TRD-200602961

Pamela G. Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: May 31, 2006


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, 303.008, 303.009, 304.003, and 346.101., Tex. Fin. Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/05/06 - 06/11/06 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 06/05/06 - 06/11/06 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and §303.0093 for the period of 06/01/06 - 06/30/06 is 18% for Consumer/Agricultural/Commercial credit thru $250,000.

The monthly ceiling as prescribed by §303.005 and §303.009 for the period of 06/01/06 - 06/30/06 is 18% for Commercial over $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 07/01/06 - 09/30/06 is 18% for Consumer/Agricultural/Commercial credit thru $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 07/01/06 - 09/30/06 is 18% for Commercial over $250,000.

The retail credit card quarterly rate as prescribed by §303.0091 for the period of 07/01/06 - 09/30/06 is 18% for Consumer/Agricultural/Commercial credit thru $250,000.

The lender credit card quarterly rate as prescribed by §346.101, Tex. Fin. Code 1 for the period of 07/01/06 - 09/30/06 is 18% for Consumer/Agricultural/Commercial credit thru $250,000.

The standard annual rate as prescribed by §303.008 and §303.0094 for the period of 07/01/06 - 09/30/06 is 18% for Consumer/Agricultural/Commercial credit thru $250,000.

The standard annual rate as prescribed by §303.008 and §303.009 for the period of 07/01/06 - 09/30/06 is 18% for Commercial over $250,000.

The retail credit card annual rate as prescribed by §303.0091 for the period of 07/01/06 - 09/30/06 is 18% for Consumer/Agricultural/Commercial credit thru $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 06/01/06 - 06/30/06 is 8.00% for Consumer/Agricultural/Commercial credit thru $250,000.

The judgment ceiling as prescribed §304.003 for the period of 06/01/06 - 06/30/06 is 8.00% for Commercial over $250,000.

1 Credit for personal, family, or household use.

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

3 For variable rate commercial transactions only.

4 Only for open-end credit as defined in §301.002(14), Tex. Fin. Code.

TRD-200602944

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 30, 2006


Court Reporters Certification Board

Certification of Court Reporters

Following the examination of applicants on September 16, 2005, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

MACHINE SHORTHAND: CARL BROWNING - HOUSTON, TX; ROXANNE DAVENPORT - ROUND ROCK, TX; CHERYL PEMBERTON - VICKSBURG, MS; RAMONA REINHARDT - OAKLAND, CA; ANGELIA SINGLETON - HOUSTON, TX; LINDA VERA - IRVING, TX; VICKI SMITH - LEWISVILLE, TX; CHRISSA MANSFIELD - ALLEN, TX; LEAH PRIDGEN - ALLEN, TX; STACI MORAN - MCKINNEY, TX; RUTH MCCLINTICK - PLANO, TX; JOY QUIROZ HERNANDEZ - AUSTIN, TX; KAILEE WYATT - LEWISVILLE, TX; and RACHEL RIDDLE - LEWISVILLE, TX.

Following the examination of applicants on April 28, 2006, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

MACHINE SHORTHAND: RHONDA MOORE - CEDAR PARK, TX; ELVA CHAPA - SAN ANTONIO, TX; MARTHA KOOMAR - CONROE, TX; CAROL DE LEON - SAN ANTONIO, TX; TIFFANY PINO - RICHMOND, TX; HERMINIA TORRES - SAN ANTONIO, TX; CHRISIT FUHRMANN - KRUGERVILLE, TX; PAULA VALDEZ - DALLAS, TX; TONYA LEBO - MCKINNEY, TX; CARRIE HALL - BEDFORD, TX; SHELLY CROSSLAND - GARLAND, TX; ANGELICA ROBELDO - DALLAS, TX; TEFFANY STRICKLAND - MILLSAP, TX; ANNE MARTINEZ - MESQUITE, TX; CHRISTY SIEVERT - BRANDON, MS; ROBIN CARTER - AUSTIN, TX; CAROLYNN HAYES - EL PASO, TX; CRYSTAL JOHNSON - DALLAS, TX; CLAUDIA ALMAGUER - DALLAS, TX; KRISTIN MCDOWELL - GRAND PRAIRIE, TX; CASSANDRA MCCARTY - CLEVELAND, TX; LEIGH GOOD - BURLESON, TX; MAYALE LOPEZ - EL PASO, TX; CINDY CARRANZA - HOUSTON, TX; SHERRI STADTER - ALVIN, TX; JULIE BLACKLOCK - CORPUS CHRISTI, TX; ALLISON CUTTILL - DALLAS, TX; LARISSA MCPHEARSON - FT. WORTH, TX; AMANDA LUCIDO - ROYSE CITY, TX; DIANE GOMEZ - SHAVANO PARK, TX; JENNIFER PANCRATZ - SCOTTSDALE, AZ; EMILY ELLIS - SAN ANTONIO, TX; KIMBERLY CUNNINGHAM - ROUND ROCK, TX; NATANYA TAYLOR - RICHWOOD, TX; KATHERINE BOHANNON - HOUSTON, TX; KERRIENNE BOND - HOUSTON, TX; BRITTANY GREEN - SCURRY, TX; and ANITA GARCIA - EL PASO, TX.

ORAL STENOGRAPHY: CARLA ANDERSON - WEATHERFORD, TX; JUDY GRILL - GRAND PRAIRIE, TX; and TERESA GUERRERO - FT. WORTH, TX.

TRD-200602936

Sheryl Jones

Administrator of Licensing

Court Reporters Certification Board

Filed: May 26, 2006


Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding Marina Quest-Captain's Cove, L.P. dba Captain's Cove Marina, Docket No. 2003-0218-PST-E on May 22, 2006 assessing $4,950 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Biggins, Staff Attorney at (210) 403-4017, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Azteca Milling, L.P., Docket No. 2003-1429-AIR-E on May 22, 2006 assessing $2,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cari-Michel LaCaille, Enforcement Coordinator at (512) 239-1387, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Century Industrial Coatings Incorporated, Docket No. 2003-1266-MLM-E on May 22, 2006 assessing $14,400 in administrative penalties.

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

An agreed order was entered regarding Sami Awad dba Sammys Memorial Texaco Inc., Docket No. 2003-1114-PST-E on May 22, 2006 assessing $4,800 in administrative penalties with $960 deferred.

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

A default order was entered regarding Mehmood Lakhani dba C-Store, Docket No. 2002-0751-PST-E on May 22, 2006 assessing $17,120 in administrative penalties.

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

An agreed order was entered regarding Texas Department Of Transportation, Docket No. 2001-0232-AIR-E on May 23, 2006 assessing $2,750 in administrative penalties.

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

An agreed order was entered regarding AGA Enterprises, Inc., Docket No. 2003-1188-PST-E on May 22, 2006 assessing $13,000 in administrative penalties.

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

An agreed order was entered regarding Sid Richardson Energy Services, Ltd., Docket No. 2003-0166-AIR-E on May 22, 2006 assessing $70,288 in administrative penalties.

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

An agreed order was entered regarding City of Dublin, Docket No. 2004-0573-MWD-E on May 22, 2006 assessing $7,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Clara, Inc. dba Chevron Clara's Store and Bakery, Docket No. 2004-1603-PST-E on May 22, 2006 assessing $1,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Becky Combs, Staff Attorney at (512) 239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Lawn, Docket No. 2004-2098-PWS-E on May 22, 2006 assessing $471 in administrative penalties.

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

An agreed order was entered regarding 5510 Acorn L.L.C. dba Acorn Mobile Home Park, Docket No. 2004-2127-MWD-E on May 22, 2006 assessing $2,240 in administrative penalties.

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

An agreed order was entered regarding Harmony Independent School District, Docket No. 2005-0191-MWD-E on May 22, 2006 assessing $4,320 in administrative penalties with $864 deferred.

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

An agreed order was entered regarding Apro Corporation dba Flagship Car Wash and Lube Center, Docket No. 2005-0230-PST-E on May 22, 2006 assessing $5,200 in administrative penalties with $1,040 deferred.

Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Midway Truck Stop, Inc., Docket No. 2005-0278-PST-E on May 22, 2006 assessing $8,700 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Deanna Sigman, Staff Attorney at (512) 239-0619, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding S. M. S. Enterprises, Inc. dba AZ Food Store, Docket No. 2005-0689-PST-E on May 22, 2006 assessing $2,652 in administrative penalties with $530 deferred.

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

An agreed order was entered regarding City of Dodd City, Docket No. 2005-0740-MWD-E on May 22, 2006 assessing $15,350 in administrative penalties with $3,070 deferred.

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

A default order was entered regarding William C. Barfield, Docket No. 2005-0883-LII-E on May 22, 2006 assessing $263 in administrative penalties.

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

An agreed order was entered regarding Volente Beach Restaurant, Docket No. 2005-0932-PWS-E on May 22, 2006 assessing $1,588 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael Limos, Enforcement Coordinator at (512) 239-5839, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding The Lubrizol Corporation, Docket No. 2005-1020-AIR-E on May 22, 2006 assessing $6,396 in administrative penalties with $1,279 deferred.

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

A default order was entered regarding Tashi Enterprise, Inc. dba Star Jet Truck Stop, Docket No. 2005-1202-PWS-E on May 22, 2006 assessing $2,980 in administrative penalties.

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

An agreed order was entered regarding Hamshire Community Water Supply Corporation, Docket No. 2005-1229-PWS-E on May 22, 2006 assessing $323 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shana Horton, Staff Attorney at (512) 239-1088, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Charles Harrell, Docket No. 2005-1273-LII-E on May 22, 2006 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rachael Gaines, Staff Attorney at (512) 239-1877, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cemex Construction Materials, L.P., Docket No. 2005-1311-MLM-E on May 22, 2006 assessing $12,600 in administrative penalties with $2,520 deferred.

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

An agreed order was entered regarding Taylor Petroleum Companies, Inc., Docket No. 2005-1349-PWS-E on May 22, 2006 assessing $2,800 in administrative penalties.

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

A default order was entered regarding Wayne Chadick dba A & A Longhorn Trailer Park, Docket No. 2005-1368-PWS-E on May 22, 2006 assessing $2,505 in administrative penalties.

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

An agreed order was entered regarding Horall Ingram Jones, Jr. dba Jones Septice Tank Cleaning, Docket No. 2005-1388-MLM-E on May 22, 2006 assessing $10,890 in administrative penalties with $2,178 deferred.

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

An agreed order was entered regarding Juan Jose Ruiz, Docket No. 2005-1434-LII-E on May 22, 2006 assessing $625 in administrative penalties with $125 deferred.

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

An agreed order was entered regarding City of Elsa, Docket No. 2005-1526-PWS-E on May 22, 2006 assessing $655 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Deanna Sigman, Staff Attorney at (512) 239-0619, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding James T. Marcum, Jr. and Joseph H. Marcum, Docket No. 2005-1599-LII-E on May 22, 2006 assessing $625 in administrative penalties with $125 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael Limos, Enforcement Coordinator at (512) 239-5839, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dynegy Midstream Services, Limited Partnership, Docket No. 2005-1636-AIR-E on May 22, 2006 assessing $9,375 in administrative penalties with $1,875 deferred.

Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Beall Concrete Enterprises, Ltd., Docket No. 2005-1701-IWD-E on May 22, 2006 assessing $4,080 in administrative penalties with $816 deferred.

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

An agreed order was entered regarding Amerada Hess Corporation, Docket No. 2005-1761-IWD-E on May 22, 2006 assessing $2,125 in administrative penalties with $425 deferred.

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

An agreed order was entered regarding Eisenberg Properties, Ltd., Docket No. 2005-1763-MSW-E on May 22, 2006 assessing $3,000 in administrative penalties with $600 deferred.

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

An agreed order was entered regarding Wolf Hollow I, L.P., Docket No. 2005-1765-IWD-E on May 22, 2006 assessing $1,540 in administrative penalties with $308 deferred.

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

An agreed order was entered regarding Comtex Dairies, L.L.C., Docket No. 2005-1815-AGR-E on May 22, 2006 assessing $2,825 in administrative penalties with $565 deferred.

Information concerning any aspect of this order may be obtained by contacting Anita Keese, Enforcement Coordinator at (956) 430-6034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Rodney Warren McNeal dba McNeal Dairy, Docket No. 2005-1834-AGR-E on May 22, 2006 assessing $5,200 in administrative penalties with $1,040 deferred.

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

An agreed order was entered regarding Shawn & Sameer, Inc. dba Breckenridge Minit Mart, Docket No. 2005-1848-PST-E on May 22, 2006 assessing $7,740 in administrative penalties with $1,548 deferred.

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

An agreed order was entered regarding Camp Eagle, Docket No. 2005-1854-PWS-E on May 22, 2006 assessing $1,885 in administrative penalties.

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

An agreed order was entered regarding K-T Galvanizing Co., Inc., Docket No. 2005-1863-AIR-E on May 22, 2006 assessing $9,000 in administrative penalties with $1,800 deferred.

Information concerning any aspect of this order may be obtained by contacting Jason Kemp, Enforcement Coordinator at (512) 239-5610, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cardinal Meadows Improvement District, Docket No. 2005-1866-MWD-E on May 22, 2006 assessing $3,210 in administrative penalties with $642 deferred.

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

An agreed order was entered regarding Dallas Convenience Stores Inc. dba Mesquite Mini Mart, Docket No. 2005-1877-PST-E on May 22, 2006 assessing $15,000 in administrative penalties with $3,000 deferred.

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

An agreed order was entered regarding City of Pflugerville, Docket No. 2005-1887-PWS-E on May 22, 2006 assessing $2,200 in administrative penalties.

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

An agreed order was entered regarding City of Beaumont, Docket No. 2005-1901-MWD-E on May 22, 2006 assessing $8,750 in administrative penalties with $1,750 deferred.

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

An agreed order was entered regarding Penreco, Docket No. 2005-1902-AIR-E on May 22, 2006 assessing $20,750 in administrative penalties with $4,150 deferred.

Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Hillsboro, Docket No. 2005-1923-PWS-E on May 22, 2006 assessing $2,600 in administrative penalties with $520 deferred.

Information concerning any aspect of this order may be obtained by contacting Amanda King-Zrubek, Enforcement Coordinator at (512) 239-1860, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding A J & P Investors, Inc. dba Poolville One Stop, Docket No. 2005-1929-PST-E on May 22, 2006 assessing $7,920 in administrative penalties with $1,584 deferred.

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

An agreed order was entered regarding Enbridge Pipelines East Texas L.P., Docket No. 2005-1941-AIR-E on May 22, 2006 assessing $3,250 in administrative penalties with $650 deferred.

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

An agreed order was entered regarding Cody Byrom, Docket No. 2005-1950-MSW-E on May 22, 2006 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Anita Keese, Enforcement Coordinator at (956) 430-6034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Wickson Creek Special Utility District Grimes County, Docket No. 2005-1954-PWS-E on May 22, 2006 assessing $313 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael Limos, Enforcement Coordinator at (512) 239-5839, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Neutze Properties, Ltd. dba Kwik Pantry FFP 5167, Docket No. 2005-1957-PST-E on May 23, 2006 assessing $800 in administrative penalties with $160 deferred.

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

An agreed order was entered regarding Wright City Water Supply Corporation, Docket No. 2005-1968-PWS-E on May 22, 2006 assessing $330 in administrative penalties.

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

An agreed order was entered regarding Stonewater Pipeline Company, L.P., Docket No. 2005-1972-AIR-E on May 22, 2006 assessing $4,750 in administrative penalties with $950 deferred.

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

An agreed order was entered regarding Zoltek Corporation, Docket No. 2005-1983-IWD-E on May 22, 2006 assessing $800 in administrative penalties with $160 deferred.

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

An agreed order was entered regarding Lyondell-Citgo Refining LP, Docket No. 2005-1985-AIR-E on May 22, 2006 assessing $10,000 in administrative penalties.

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

An agreed order was entered regarding GL James Investments, L.L.C. dba Country Boy Store, Docket No. 2005-2014-PST-E on May 22, 2006 assessing $7,200 in administrative penalties with $1,440 deferred.

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

An agreed order was entered regarding El Camino Bay Water Supply Corporation, Docket No. 2005-2020-PWS-E on May 22, 2006 assessing $645 in administrative penalties.

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

An agreed order was entered regarding Talley Water Supply Corporation, Docket No. 2005-2021-PWS-E on May 22, 2006 assessing $313 in administrative penalties.

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

An agreed order was entered regarding City of West Tawakoni, Docket No. 2005-2022-PWS-E on May 22, 2006 assessing $1,530 in administrative penalties.

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

An agreed order was entered regarding International A.L.E.R.T. Academy, Docket No. 2005-2034-PWS-E on May 22, 2006 assessing $328 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anita Keese, Enforcement Coordinator at (956) 430-6034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Petroleum Wholesale, L.P. dba Sunmart 153 and Sunmart 289, Docket No. 2005-2050-PST-E on May 22, 2006 assessing $3,670 in administrative penalties with $734 deferred.

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

An agreed order was entered regarding Owens Corning, Docket No. 2005-2056-AIR-E on May 22, 2006 assessing $3,042 in administrative penalties with $608 deferred.

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

An agreed order was entered regarding Len D. Jordan dba Sail Haven, Docket No. 2005-2063-PWS-E on May 22, 2006 assessing $323 in administrative penalties.

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

An agreed order was entered regarding Avis Rent A Car System, Inc., Docket No. 2005-2065-AIR-E on May 22, 2006 assessing $1,200 in administrative penalties with $240 deferred.

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

An agreed order was entered regarding Air System Components LP, Docket No. 2006-0008-AIR-E on May 22, 2006 assessing $1,925 in administrative penalties with $385 deferred.

Information concerning any aspect of this order may be obtained by contacting Jason Kemp, Enforcement Coordinator at (512) 239-5610, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sunset Logistics, Inc., Docket No. 2006-0036-AIR-E on May 22, 2006 assessing $800 in administrative penalties with $160 deferred.

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

An agreed order was entered regarding Bridgeport Utilities, LLC, Docket No. 2006-0037-MWD-E on May 22, 2006 assessing $4,500 in administrative penalties with $900 deferred.

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

An agreed order was entered regarding City of Reno, Docket No. 2006-0054-PWS-E on May 22, 2006 assessing $323 in administrative penalties.

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

An agreed order was entered regarding Texas Municipal Power Agency, Docket No. 2006-0064-PWS-E on May 22, 2006 assessing $345 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (210) 490-3095, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding J. W. Turner Construction, Inc. dba James W. Construction LTD, Docket No. 2006-0094-MSW-E on May 22, 2006 assessing $750 in administrative penalties with $150 deferred.

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

TRD-200602954

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 31, 2006


Notice of District Hearing

Notice mailed May 24, 2006

TCEQ Docket No. 2006-0453-DIS; The Texas Commission on Environmental Quality (TCEQ) will conduct a hearing on an application for dissolution (Application) of Galveston County Municipal Utility District No. 20 (District). The Application was filed with the TCEQ and included a petition from William H. Frey, President of Frey Development Companies, Inc., a general partner in Saltgrass 300, Ltd, being owner of property located within the District. The TCEQ will conduct this hearing under the authority of Chapters 49 and 54 of the Texas Water Code, Title 30, Chapter 293 of the Texas Administrative Code, and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at: 9:30 a.m., Wednesday, September 6, 2006, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas.

The District was created by the Texas Commission on Environmental Quality on November 10, 1987. The District had the authority to operate as a municipal utility district under the general law provisions in Texas Water Code Chapters 49 and 54. The petition filed with the Application asserts that dissolution is desirable and necessary because the District has been inactive and its statutory authority will not benefit the land within its boundaries.

The petition also states that the District: (1) has not performed any of the functions for which it was created for five consecutive years preceding the date of the Application, (2) is financially dormant, and (3) has no outstanding bonded indebtedness. An affidavit from the State Comptroller of Public Accounts, included in the Application, certifies that the District has no bonded indebtedness.

If the request for dissolution is approved, the District's assets, if any, will escheat to the State of Texas and will be administered by the State Comptroller of Public Accounts and disposed of in the manner provided by Chapter 74 of the Texas Property Code.

The TCEQ may grant a contested case hearing on this Application if a written hearing request is filed within 30 days after the newspaper publication of this notice. The TCEQ may approve the Application unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice.

To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Applicant and the TCEQ Docket Number; (3) the statement "I/we request a contested case hearing"; and (4) a brief description of how you would be affected by the request in a way uncommon to the general public. You may also submit your proposed adjustments to the Application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team at (512) 239-4691. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.

Si desea información en Español, puede llamar al 1-800-687-4040.

Persons with disabilities who plan to attend this hearing and who need special accommodations at the hearing should call the TCEQ Office of Public Assistance at 1-800-687-4040 or 1-800-RELAY-TX (TDD), at least one week prior to the hearing.

TRD-200602952

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 31, 2006


Notice of Meeting on July 20, 2006, in Houston, Texas Concerning the ArChem Company/Thames Chelsea Chemical Company USA Superfund Site

The purpose of the meeting is to obtain public input and information concerning the proposed remedy for the ArChem Company/Thames Chelsea Chemical Company USA Site (site).

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of a proposed selection of remedy for the ArChem Company/Thames Chelsea Company USA Site. In accordance with 30 TAC §335.349(a) concerning requirements for the remedial action, and Texas Health and Safety Code (THSC), §361.187 concerning the proposed remedial action, a public meeting regarding the commission's selection of a proposed remedy for the site shall be held. The statute requires that the commission publish a notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 30 days before the date of the public meeting. This notice was also published in the Houston Chronicle on June 8, 2006. The public meeting is scheduled for July 20, 2006, 7:00 p.m., at Dobie High School, 11111 Beamer Road, Houston, Texas. The public meeting is not a contested case hearing under Texas Government Code, Chapter 2001.

The ArChem Company/Thames Chelsea Company USA Site was proposed for listing on the state registry of Superfund sites in the May 4, 2001, edition of the Texas Register (26 TexReg 3413). The approximate 10-acre site is located at 13103 Conklin Lane near the intersection of Conklin Lane and Beltway 8 in southeast Houston, Harris County, Texas.

The site is a former specialty chemical manufacturing facility, which operated from the 1970s until 1991. A wide range of organic chemicals was used in manufacturing and processing operations at the site. Operations ceased after the Thames Chelsea Chemical Company abandoned the facility. The Texas Water Commission (a predecessor of the TCEQ) and the United States Environmental Protection Agency (EPA) performed several removal actions in the 1990s to address the immediate public health and environmental concerns from the deteriorating chemical drums and above ground storage tanks (ASTs) at the site.

Current structures at the facility include an office and warehouse building, concrete foundations in the former process areas, a sludge drying bed, and containment areas associated with former ASTs. Two surface impoundments associated with wastewater from the operations are located in the eastern portion of the facility.

The H.B. Fuller Company was an owner/operator of the facility before selling the property to the ArChem Company. H.B. Fuller was reported to have manufactured industrial latex coatings and adhesives based on polyvinyl acetate, ethylene vinyl acetate copolymers, and asphaltic emulsions. After a warehouse fire in 1977, H.B. Fuller sold the property to ArChem. The ArChem Company is reported to have produced epoxy curing agents, nitroanisol, and antimony triacetate. The company is reported to have handled or used a wide variety of chemicals, which are detailed in the Hazard Ranking Survey (HRS) and listed in the Phase 2 Field Sampling Plan (FSP).

In 1991 the site was reported to contain at least 15 hazardous waste units used in the management of 14 or more P (acute hazardous wastes) and U (generally hazardous wastes) listed wastes (as defined by the EPA). Approximately 2,000, 55-gallon drums in various states of deterioration were on the site. All sumps, secondary containment systems, and roll-off containers were found full of materials (liquids and solids). The two surface impoundments were also full; and their capacities were estimated at 250,000 and 500,000 gallons. Spills and surface contamination were widespread throughout the site with evidence of contamination in drainage ditches.

In September 1991 the site was determined to be abandoned and was later referred to the State Superfund Program. Two removal actions by the Texas Water Commission and the EPA in 1992 and 1993, and a removal action by a group of potentially responsible parties (PRPs) removed most of the drums, surface tanks, and other materials left on site. The property was fenced to restrict access. A Remedial Investigation (RI) conducted by the TCEQ identified several areas where chemicals of concern (COC) were greater than the critical protective concentration level (PCL). These COCs include antimony, lead, mercury, volatile organic compounds (benzene, toluene and tetrahydrofuran), and semi-volatile organic compounds (2-nitroaniline and furfural). All of these areas have been horizontally and vertically delineated.

Surface water in the west impoundment meets the specifications in the TCEQ issued wastewater discharge criteria for the site. The water in the east impoundment exceeds the discharge criteria for total organic carbon (TOC). A feasibility study, dated August 2005, screened and evaluated remedial alternatives which could be used to remediate the site. The Feasibility Study report developed four alternatives for remediation of soils and two alternatives for remediation of the surface water in the impoundments. The commission prepared the Proposed Remedial Action Document on May 15, 2006. This document presents the proposed remedy and justification for how this remedy demonstrates compliance with the relevant cleanup standards.

Based on the calculated volume of contaminated soil, the recommended remedial alternative is excavation and off-site disposal of the contaminated soil. The recommended alternative is the most cost effective, reasonable, and appropriate remedy to address the site. This remedial alternative includes the excavation and off-site disposal of soil in both impoundments and contaminated site soils. It is estimated that 5,000 cubic yards of in-place soil including the land farm soils would require disposal.

The surface water from the impoundments will be discharged to Harris County flood control ditch A 119-06-00 along the south side of the site. The ditch widens and turns at a point approximately 3/4 of a mile west of the site. At this point, the ditch flows south approximately one and a half miles before discharging into Turkey Creek. Water from the east impoundment will be treated to comply with the TOC discharge requirements. Discharge criteria allow up to 200 gallons per minute to be discharged from the site. The groundwater at the site is designated as Class 3 based on yield, and it is not impacted. Therefore, no remediation is needed for the groundwater.

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. July 19, 2006, and should be sent in writing to Mr. Subhash C. Pal, P.E., Project Manager, TCEQ, Remediation Division, MC 136, P. O. Box 13087, Austin, Texas 78711-3087, or facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on July 20, 2006.

A portion of the record for this site including documents pertinent to the proposed remedy is available for review during regular business hours at the Bracewell Branch Library, 10115 Kleckly, Houston, Texas. Copies of the complete public record file may be obtained during business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, 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 for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Information is also available regarding the state Superfund program at http://www.tceq.state.tx.us/remediation/superfund/state/archem.html.

Persons who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-5674. Requests should be made as far in advance as possible.

For further information about this site or the public meeting, please call John Flores, TCEQ Community Relations, at 1-800-633-9363, extension 5674.

TRD-200602950

Stephanie Bergeron Perdue

Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: May 30, 2006


Notice of Water Quality Applications

The following notices were issued during the period of May 4, 2006 through May 30, 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.

Angelina and Neches River Authority has applied for a renewal of TPDES Permit No. 11620-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 370,000 gallons per day. The facility is located approximately 0.6 mile northeast of U. S. Highway 69, approximately 1.5 miles northwest of the City of Lufkin, and 1.9 miles southeast of the intersection of U. S. Highway 69 and Farm-to-Market Road 2021 in Angelina County, Texas.

ARO Partners, c/o Terra Associates, Inc. has applied for a new permit, proposed TPDES Permit No. WQ0014683001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility will be located 1,725 feet southeast of the intersection of Farm-to-Market Road 529 and Peak Road in Harris County, Texas.

Boggs Sugar Pines, LLC has applied for a renewal of TPDES Permit No. 14049-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 22,500 gallons per day. TCEQ received this application on December 28, 2005. The facility is located approximately 1,000 feet due north of West Circle Drive and approximately 3,000 feet due west of the intersection of West Circle Drive and Farm-to-Market Road 105 in Orange County, Texas.

Charterwood Municipal Utility District has applied for a major amendment to TPDES Permit No. WQ0011410002 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 600,000 gallons per day to an annual average flow not to exceed 1,650,000 gallons per day. The facility is located approximately 3.5 miles northwest of the intersection of State Highway 249 (West Montgomery Road) and Farm-to-Market Road 1960, on the south bank of Pillot Gully, at 15820 Quill Drive, in the City of Houston, in Harris County, Texas.

Circle T Promotions, Ltd. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014678001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 4,000 gallons per day. The facility will be located 4.2 miles northwest of the City of Hamilton on the southwest side of State Highway 36 in Hamilton County, Texas.

City of Arp has applied for a renewal of TPDES Permit No. 10511-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 211,000 gallons per day. The facility is located approximately 0.5 mile south of the intersection of State Highway 135 and State Highway Spur 80 and approximately 1 mile northeast of the intersection of State Highway 135 and Farm-to-Market Road 345 in Smith County, Texas.

City of Bullard has applied for a renewal of TPDES Permit No. 11787-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 213,000 gallons per day. The facility is located approximately 2,600 feet southwest of the Bullard School and approximately 3,000 feet west-southwest of the intersection of Farm-to-Market Road 344 and Oak Street in Cherokee County, Texas.

City of Grapeland has applied for a renewal of TPDES Permit No. 10181-002, which authorizes discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located east of U. S. Highway 287, approximately 1,000 feet north of the intersection of U. S. Highway 287 and Farm-to-Market Road 2423 in Houston County, Texas.

City of Lone Oak has applied for a renewal of TPDES Permit No. 10760-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located east of Bull Creek, approximately 0.5 mile south of the intersection of U. S. Highway 69 and Farm-to-Market Road 1571 in Hunt County, Texas.

City of Weatherford Municipal Utility Board of Trustees has applied for a renewal of TPDES Permit No. 14198-001 to authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 636,000 gallons per day. The facility is located approximately 1,400 feet east and 2,100 feet south of the pump station at the dam of Lake Weatherford in Parker County, Texas.

City of Wells has applied for a renewal of TPDES Permit No. 11196-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 900 feet north of U. S. Highway 69 on the west side of Red Bayou, east of the City of Wells in Cherokee County, Texas.

Dos Republicas Coal Partnership, which operates a sub-bitumous coal mine, has applied for a renewal of TPDES Permit No. WQ0003511000, which authorizes the discharge of storm water and mine seepage from the active mining area on an intermittent and flow variable basis via Outfalls 001 through 013. The facility is located on the northeast side of State Highway 1588, three miles northeast of U. S. Highway 277, and approximately five miles northeast of the City of Eagle Pass, Maverick County, Texas.

Entergy Gulf States, Inc., which operates the Sabine Generating Plant, has applied for a renewal of TPDES Permit No. WQ0000336000, which authorizes the discharge of once through cooling water and previously monitored effluents (PME) (PME consists of low volume wastewater, storm water, metal cleaning waste, cooling tower blowdown, and treated sanitary sewage on an intermittent and flow variable basis via interal Outfalls 201, 301, 401, 501, 601, 701 and 801) at a daily average flow not to exceed 1,306,000,000 gallons per day via Outfall 001. The facility is located approximately one and one-half (1.5) miles south of Farm-to-Market (FM) Road 1442 at a point approximately two and one-half (2.5) miles west of the FM Road 1442 and State Highway 87 intersection southwest of the City of Orange, Orange County, Texas.

Explorer Pipeline Company, which operates the Explorer Pipeline Greenville Station, has applied for a renewal of TPDES Permit No. WQ0002395000, which authorizes the discharge of processed wastewater consisting of tank bottom water and storm water from a refined petroleum products pipeline tankage station on an intermittent and flow variable basis via Outfall 001. The facility is located at 2856 County Road 2168, approximately 1.3 miles north of the intersection of Interstate Highway 30 and Farm-to-Market Road 36 and southeast of the City of Caddo Mills, Hunt County, Texas.

Hardin County Water Control and Improvement District No. 1 has applied for a renewal of TPDES Permit No. 10678-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located north of Little Pine Island Bayou, approximately 2 miles north of the intersection of State Highway 105 and Pine Wood Boulevard in Hardin County, Texas.

Houston Intercontinental Trade Center, L.P. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014671001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility will be located 4,400 feet north of Farm-to-Market 1488 and 10,100 feet west of Interstate Highway 45 in southwest Montgomery County, Texas.

Lamar Power Partners, LP, which operates the Lamar Power Project, a combined cycle electric generating station, has applied for a major amendment to TPDES Permit No. WQ0004127000 to authorize the removal of restriction of the discharge of free available chlorine from any unit for more than two hours in any one day and simultaneous multi-unit chlorination; removal of monitoring requirements for aluminum and requirements pertaining to temporary variance; and the reduction of toxicity testing frequency using Ceriodaphnia Dubia to once per six months at Outfall 001. The current permit authorizes the discharge of cooling tower blowdown, filter backwash, and low volume waste (floor drain waste, boiler blowdown, reverse osmosis reject water, and evaporator cooler blowdown) at a daily average flow not to exceed 1,200,000 gallons per day via Outfall 001. The facility is located on the east side of Farm-to-Market Road 137, approximately 1/2 mile south of the intersection of Farm-to-Market Road 137 and 286 Loop Road, southeast of the City of Paris, Lamar County, Texas.

North Texas District Council Assemblies of God has applied for a renewal of TPDES Permit No. 13847-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 21,000 gallons per day. The facility is located approximately 400 feet southeast of the east end of Soil Conservation Service Dam No. 56, and approximately 2.5 miles east northeast of the City of Maypearl in Ellis County, Texas.

Texas Airstream Harbor, Inc., has applied for a renewal of TPDES Permit No. 11895-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The facility is located approximately 0.5 mile northwest of State Highway 147 at a point approximately 300 feet southerly from the shoreline of Sam Rayburn Reservoir and approximately 5 miles northeast of the City of Zavalla in Angelina County, Texas.

Texas Parks and Wildlife Department applied for a new permit, Proposed Permit No. WQ0014676001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 10,050 gallons per day via surface irrigation of 3.63 acres of non-public access land. This facility was previously permitted as TCEQ Permit No. 11365-001 which expired on September 1, 2005. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located within the Lake Brownwood State Park, 1.42 miles east of the intersection of Park Road 15 and Farm-to-Market Road 2559 in Brown County, Texas.

Tyson Farms, Inc., which operates a poultry processing facility, has applied for a renewal of TPDES Permit No. WQ0002064000, which authorizes the discharge of process wastewater, utility wastewater, domestic wastewater, and storm water at a daily average flow not to exceed 1,500,000 gallons per day via Outfall 001; and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located at 1019 Shelbyville Street in the City of Center, Shelby County, Texas.

TRD-200602953

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 31, 2006


Notice of Water Rights Application

Notices issued May 25, 2006, through May 26, 2006

Application No. TA-12015 (WRTP 12015); Voyager Gas Corporation, Applicant, 12225 Greenville Ave #870, Dallas, TX 75243, has applied for a Temporary Water Use Permit to divert and use 450 acre-feet of water within a three (3) year period from the Double Mountain Fork Brazos River, Brazos River Basin in Garza County. The application and fees were received on January 31, 2006. Additional information and fees were received on March 21, and March 30, 2006. The application was declared administratively complete and accepted for filing on March 31, 2006. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by June 14, 2006. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by June 14, 2006.

Application No. 5387A (WRPERM 5387); Trinity Materials, Inc., 401 South I-45, Ferris, Texas 75125, applicant, has applied for an amendment to Water Use Permit No. 5387 to change the locations of the diversion point, place of use, and off-channel reservoir from Dallas County on the Trinity River, Trinity River Basin, downstream to Kaufman County and also seeks to add a new diversion point from the off-channel reservoir. The application was received on September 13, 2005. Additional information and fees were received on December 5, 2005 and February 27, March 10, May 3 and May 11, 2006. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on March 29, 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 June 15, 2006. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by June 15, 2006.

INFORMATION SECTION

To view the complete issued notices, view the notices 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. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

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

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

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

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

TRD-200602951

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 31, 2006


Texas Health and Human Services Commission

Notification of Consulting Procurement

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of its Request for Proposals for consultant services to assist the state of Texas in optimization of case management to enhance the quality outcomes and cost savings throughout the Texas HHSC departments as described in Section 32.0551 of the Texas Human Resources Code, as amended by Section 8 of Senate Bill 1188, 79th Texas Legislature, Regular Session, 2005.

The RFP is located in full on HHSC's Business Opportunities Page under "Contracting Opportunities" link at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html and on TBPC's ESBD website http://esbd.tbpc.state.tx.us/1380/sagency.cfm. HHSC also posted notice of the procurement on the Texas Marketplace on June 1, 2006.

The mission objectives are:

* create and coordinate staffing and other administrative efficiencies for case management initiatives across the commission and health and human services departments;

* optimize federal funding revenue sources and maximize the use of state funding resources for case management initiatives across the commission and health and human services departments;

* evaluate the cost-effectiveness of developing intensive case management and targeted interventions for all Medicaid recipients who are aged, blind, or disabled;

* identify Medicaid programs or protocols in existence on the effective date of this section that are not resulting in their anticipated cost savings or quality outcomes. The commission shall enhance or replace these programs or protocols with targeted strategies that have demonstrated success in improving coordination of care and cost savings within similar Medicaid recipient populations; and

* conduct a study to determine the feasibility of combining the utilization management, case management, care coordination, high-cost targeting, provider incentives, and other quality and cost-control measures implemented with respect to the Medicaid program under a single federal waiver, which may be a waiver under Section 1915(c) or under Section 1115(a). If the commission determines that the combination is feasible, develop the combined program.

The Health and Human Services Commission's Sole Point-Of-Contact for this procurement is:

Alice Hanna, Procurement Manager

Texas Health and Human Services Commission

11209 Metric Blvd., Bldg. H

Mail Code: H-350

Austin, Texas 78758

(512) 491-1315

alice.hanna@hhsc.state.tx.us

All questions regarding the RFP must be sent in writing to the above-referenced contact by 3:00 PM Central Time on June 15, 2006. HHSC will post all written questions received with HHSC's responses on its website on June 29, 2006, or as they become available. All proposals must be received at the above-referenced address on or before 3:00 PM Central Time on July 13, 2006. Proposals received after this time and date will not be considered.

All proposals will be subject to evaluation based on the criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.

TRD-200602977

Martin Zelinsky

Assistant General Counsel

Texas Health and Human Services Commission

Filed: May 31, 2006


Department of State Health Services

Correction of Error

The Department of State Health Services adopted amendments to 25 TAC §§448.603, 448.701, and 448.706, concerning the regulation of training, client bill of rights, and restraint and seclusion in chemical dependency treatment facilities, in the May 26, 2006, issue of the Texas Register (31 TexReg 4433). The agency submitted the notice of adopted rulemaking with an error.

In §448.706(s) on page 4438, the first sentence as published does not remove the word "available" before "staff members" to properly reflect a response to a comment in the preamble concerning the subsection. The first sentence of subsection (s) should read:

"(s) As soon as possible after an episode of restraint or seclusion, staff members involved in the episode, supervisory staff, the client, the legally authorized representative, if any, and, with the consent of the client, family members must meet to discuss the episode. . . "

TRD-200602980


Notice of Emergency Cease and Desist Order on Adventure Dental Careers, LLC, dba Adventure Dental Careers

Notice is hereby given that the Department of State Health Services (department) ordered Adventure Dental Careers, LLC, doing business as Adventure Dental Careers (registrant-R29331-000) of Seabrook to cease and desist from deliberately applying radiation to individuals for training purposes with radiation machines.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200602982

Cathy Campbell

General Counsel

Department of State Health Services

Filed: May 31, 2006


Notice of Intent to Revoke Certificates of Registration

Pursuant to 25 Texas Administrative Code, §289.205, the Department of State Health Services (department), filed complaints against the following x-ray machine or laser registrants: Healthsouth Corporation General Partnership, Dallas, M00763; Brazos Professional Building, Marlin, R20609; All Smiles Dental Center, San Antonio, R20730; Kenneth D. Garrett, D.C., Richardson, R22032; Family Foot Doctor, Houston, R22839; Prime Service Center Inc., Woodstock, Georgia, R26972; Absolute Wellness & Rehab of Texas, P.A., Dallas, R28315.

The complaints allege that these registrants have failed to pay required annual fees. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the department that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the department within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Radiation Program Officer, 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200602937

Cathy Campbell

General Counsel

Department of State Health Services

Filed: May 30, 2006


Texas Higher Education Coordinating Board

Notice of Amended Request for Qualifications

Pursuant to Texas Government code, Chapter 2254, Subchapter A, the Texas Higher Education Coordinating Board (THECB) announces its issuance of an Amended Request for Qualifications (RFQ) from qualified independent persons or firms to perform certain financial or management control audits for State Fiscal Year 2006. The successful respondent will be expected to begin performance of the contract on or about July 10, 2006.

The Request for Qualifications, THECB's financial statements, and other information regarding the RFQ may be obtained by writing to Anthony Tegbe, Internal Auditor, Texas Higher Education Coordinating Board, 1200 E. Anderson Lane, Austin, Texas 78752, or by e-mail to Anthony.Tegbe@thecb.state.tx.us, or by accessing THECB's website at www.thecb.state.tx.us.

Responses must be received no later than 10:00 a.m., June 23, 2006.

All responses will be evaluated by a committee based upon the evaluation criteria and procedures set forth in the Amended Request for Qualifications.

THECB reserves the right to accept or reject any or all responses submitted. THECB is not obligated to execute a contract on the basis of this notice or the distribution of any RFQ. THECB shall not pay for any costs incurred by any entity in responding to this notice or the RFQ.

The anticipated schedule of events pertaining to this RFQ is as follows: responses due June 23, 2006; contract execution on July 10, 2006; performance of contract to begin on July 17, 2006.

TRD-200602960

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Filed: May 31, 2006


Texas Department of Housing and Community Affairs

Notice of Public Hearing

Multifamily Housing Revenue Bonds (Meadowlands Apartments) Series 2006

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Emmott Elementary School, 11750 Steepleway Boulevard, Houston, Harris County, Texas 77065, at 6:00 p.m. on June 27, 2006 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $13,500,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to H.T. Seattle Slew, Ltd., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing, and equipping a multifamily housing development (the "Development") described as follows: 236-unit multifamily residential rental development located at approximately the northwest corner of Steeplepark Drive and Steepleway Boulevard, Harris County, Texas. A physical address has not been assigned by the City of Houston. Upon the issuance of the Bonds, the Development will be owned by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Teresa Morales at the Texas Department of Housing and Community Affairs, P.O. Box 13941 Austin, Texas 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.

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

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

TRD-200602906

Michael G. Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 24, 2006


Texas Department of Insurance

Correction of Error

The Texas Department of Insurance adopted new §§21.3901 - 21.3905, concerning high deductible health plans, in the May 26, 2006, issue of the Texas Register (31 TexReg 4439). The agency submitted the notice of adopted rulemaking with two errors.

The following language should replace the second, third, and fourth complete paragraphs on page 4440, second column:

"For: Office of Public Insurance Counsel. Against: Texas Association of Health Plans, American Health Insurance Plans, Texas Association of Underwriters, Texas Association of Life and Health Insurers, Unicare, and Blue Cross and Blue Shield of Texas."

The text of §21.3902 on page 4441, first column, is incorrect. The following language should replace §21.3902(8)(A) - (F):

"(8) Preventive care--Has the meaning assigned by Section 223(c)(2)(C), Internal Revenue Code of 1986."

TRD-200602962


Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application to change the name of PROGENY MARKETING INNOVATIONS, INC. to AFFINION BENEFITS GROUP, INC., a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Application to change the name of GALIC DISBURSING COMPANY to GREAT AMERICAN PLAN ADMINISTRATORS, INC., a foreign third party administrator. The home office is CINCINNATI, OHIO.

Application to change the name of WAUSAU BENEFITS, INC. to WAUSAU BENEFITS, INC. (using the assumed name FISERV HEALTH-WAUSAU BENEFITS), a foreign third party administrator. The home office is WAUSAU, WISCONSIN.

Application to change the name of BENESIGHT, INC. to BENESIGHT, INC. (using the assumed name FISERV HEALTH-BENESIGHT), a foreign third party administrator. The home office is DOVER, DELAWARE.

Application to change the name of BENEFIT PLANNERS LIMITED, L.L.P. to BENEFIT PLANNERS LIMITED, L.L.P. (using the assumed name FISERV HEALTH-BENEFIT PLANNERS), a domestic third party administrator. The home office is BOERNE, TEXAS.

Application to change the name of TODAY'S VISION FRANCHISING CORPORATION to OPNETUSA, INC. (using the assumed name OPNET USA), a domestic third party administrator. The home office is HOUSTON, TEXAS.

Application to change the name and home office of FINANCIAL ADMINISTRATIVE SERVICES CORPORATION, ENGLEWOOD, COLORADO to FASCORE, LLC, a foreign third party administrator. The home office is GREENWOOD VILLAGE, COLORADO.

Application to change the name of DAVID K. YOUNG, (using the assumed name of DAVID K. YOUNG, TPA) to DAVID K. YOUNG CONSULTING, LLC, a domestic third party administrator. The home office is SAN ANTONIO, TEXAS.

Application to change the name of ERISA ADMINISTRATIVE SERVICES, INC. to COMPUSYS/ERISA GROUP, INC., a domestic third party administrator. The home office is AUSTIN, TEXAS.

Application to change the name of STERLING RISK MANAGEMENT SERVICES, INC. to CITIZENS MANAGEMENT, INC., a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Application to change the name of LINDA J. HOSFORD (using the assumed name of FLEX BENEFIT ADMINISTRATORS) to JOLIN BENEFIT ADMINISTRATORS, LLC (using the assumed name FLEX BENEFIT ADMINISTRATORS), a domestic third party administrator. The home office is HOUSTON, TEXAS.

Application to change the name of DELTA DENTAL PLAN OF CALIFORNIA to DELTA DENTAL OF CALIFORNIA, a foreign third party administrator. The home office is SAN FRANCISCO, CALIFORNIA.

Application to change the name of CHS ADMIN, LLC to NEW SOURCE BENEFITS, LLC), a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Any objections must be filed within 20 days after this notice is published in the Texas Register , addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200602905

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: May 24, 2006


Texas Department of Licensing and Regulation

Vacancy on Advisory Board on Barbering

The Texas Department of Licensing and Regulation (Department) announces a vacancy on the Advisory Board on Barbering (Board) established by Texas Occupations Code, Chapter 1601. The pertinent rules may be found in 16 TAC §82.65. The purpose of the Advisory Board on Barbering is to advise the Texas Commission of Licensing and Regulation and the Department on: education and curricula for applicants; the content of examinations; proposed rules and standards on technical issues related to barbering; and other issues affecting barbering.

The Board is composed of five members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of two members who are engaged in the practice of barbering as a Class A barber and do not hold a barbershop permit; two members who are a barbershop owner and hold a barbershop permit; and one member who holds a permit to conduct or operate a barber school. Members serve staggered six-year terms, with the terms of one or two members expiring on the same date each odd-numbered year.

This announcement is for one position of a Class A barber who does not hold a barbershop permit.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 463-6599, FAX (512) 475-2874 or Email 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-200602915

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: May 25, 2006


Texas Lottery Commission

Instant Game Number 624 "4's Galore"

1.0 Name and Style of Game.

A. The name of Instant Game No. 624 is "4's GALORE". The play style is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 624 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 624.

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

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

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

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

Figure 1: 16 TAC GAME NO. 624 - 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. 624 - 1.2E

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

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00 or $20.00.

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

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

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (624), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 624-0000001-001.

L. Pack - A pack of "4's GALORE" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Ticket 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc,; and tickets 246 to 250 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.

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 "4's GALORE" Instant Game No. 624 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 "4's GALORE" Instant Game is determined once the latex on the ticket is scratched off to expose 12 (twelve) Play Symbols. If a player reveals a "4" play symbol in the play area, the player wins the prize shown. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 12 (twelve) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 12 (twelve) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 12 (twelve) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

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

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

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

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

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

2.2 Programmed Game Parameters.

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

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

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

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

E. The "4" will only appear as dictated by the prize structure.

F. The $4 prize symbol will only appear when it is a winning prize symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "4's GALORE" Instant Game prize of $1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $60.00, $100 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $60.00, $100 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "4's GALORE" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "4's GALORE" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "4's GALORE" 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 "4's GALORE" 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 12,000,000 tickets in the Instant Game No. 624. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 624 - 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. 624 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. 624, 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-200602938

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 30, 2006


Instant Game Number 679 "Texas Tripler"

1.0 Name and Style of Game.

A. The name of Instant Game No. 679 is "TEXAS TRIPLER". The play style is "match 3 of 9 with tripler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 679 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 679.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, $1.00, $2.00, $3.00, $6.00, $9.00, $18.00, $27.00, $54.00, $81.00, $100, $300 and $1,000.

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

Figure 1: 16 TAC GAME NO. 679- 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. 679 - 1.2E

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

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $6.00, $9.00, $18.00.

H. Mid-Tier Prize - A prize of $27.00, $54.00, $81, $100 or 300.

I. High-Tier Prize - A prize of $900 or $1,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (679), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 679-0000001-001.

L. Pack - A pack of "TEXAS TRIPLER" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Ticket 001 to 005 will be on the top page; tickets 005 to 009 on the next page etc.; and tickets 246 to 250 will be on the last page. Tickets 001 and 250 will be folded down to expose the pack-ticket number through the shrink-wrap. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a pack.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TEXAS TRIPLER" Instant Game No. 679 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 "TEXAS TRIPLER" Instant Game is determined once the latex on the ticket is scratched off to expose 10 (ten) Play Symbols. Scratch the PLAY AREA. If a players reveals 2 (two) matching numbers, the player wins the prize shown in the PRIZE BOX. If a player reveals 3 (three) matching numbers, the player wins TRIPLE the prize shown in the PRIZE BOX. 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 10 (ten) 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 10 (ten) 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 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 10 (ten) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets within a book will not have identical patterns.

B. Players can win only one (1) time on a ticket.

C. A winning ticket will not contain more than three (3) like play symbols.

D. On non-winning tickets, all play symbols will be unique.

E. Three matching play symbols will win 3 times the prize amount shown and will win as per the prize structure.

F. Two matching play symbols will win the prize amount shown.

G. The combination of play symbols "06, 06, 06" will never appear on any ticket

2.3 Procedure for Claiming Prizes.

A. To claim a "TEXAS TRIPLER" Instant Game prize of $1.00, $2.00, $3.00, $6.00, $9.00, $18.00, $27.00, $54.00, $81.00, $100 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $27.00, $54.00, $81.00, $100 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "TEXAS TRIPLER" Instant Game prize of $900 or $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "TEXAS TRIPLER" 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 "TEXAS TRIPLER" 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 12,000,000 tickets in the Instant Game No. 679. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 679- 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. 679 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. 679, 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-200602978

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 31, 2006


Instant Game Number 683 "$50,000 Riches"

1.0 Name and Style of Game.

A. The name of Instant Game No. 683 is "$50,000 RICHES". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 683 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 683.

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: $5.00, $10.00, $15.00, $25.00, $50.00, $100, $500, $5,000, $50,000, 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, GOLD BAR SYMBOL, SAFE SYMBOL or 5X SYMBOL.

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

Figure 1: 16 TAC GAME NO. 683- 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. 683 - 1.2E

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

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

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

H. Mid-Tier Prize - A prize of $25.00, $50.00, $100 or $500.

I. High-Tier Prize - A prize of $5,000 or $50,000.

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 (683), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 683-0000001-001.

L. Pack - A pack of "$50,000 RICHES" Instant Game tickets contains 75 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 075 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 075 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 "$50,000 RICHES" Instant Game No. 683 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 "$50,000 RICHES" Instant Game is determined once the latex on the ticket is scratched off to expose 46 (forty-six) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols the player wins the prize shown for that number. If a player reveals a "SAFE" play symbol, the player wins the prize shown instantly. If a player reveals a "GOLD BAR" play symbol, the player wins DOUBLE the prize shown. If a player reveals a "5X" play symbol, the player wins 5 TIMES the prize shown. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 46 (forty-six) 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 46 (forty-six) 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 46 (forty-six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 46 (forty-six) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets within a book will not have identical patterns.

B. Players can win up to twenty (20) times in this play area.

C. No duplicate non-winning YOUR NUMBERS on a ticket.

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

E. Non-winning tickets will not contain more than three like prize amounts.

F. No duplicate WINNING NUMBERS will appear on a ticket.

G. The "SAFE" symbol will never appear as a "WINNING NUMBER".

H. The "GOLD BAR" symbol will never appear as a "WINNING NUMBER".

I. The "5X" symbol will never appear as a "WINNING NUMBER".

J. The "SAFE" symbol will automatically win the prize amount shown and will win as per the prize structure.

K. The "GOLD BAR" symbol will win DOUBLE the prize amount shown and will win as per the prize structure.

L. The "5X" symbol will win five (5) times the prize amount shown and will win as per the prize structure.

M. YOUR NUMBERS will never equal the corresponding Prize symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "$50,000 RICHES" Instant Game prize of $5.00, $10.00, $15.00, $25.00, $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 $25.00, $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 "$50,000 RICHES" Instant Game prize of $5,000 or $50,000, 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 "$50,000 RICHES" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$50,000 RICHES" 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 "$50,000 RICHES" 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 4,080,000 tickets in the Instant Game No. 683. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 683- 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. 683 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. 683, 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-200602979

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 31, 2006


Instant Game Number 684 "Icy Cash"

1.0 Name and Style of Game.

A. The name of Instant Game No. 684 is "ICY CASH". The play style is "key symbol match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 684 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 684.

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: POT OF GOLD SYMBOL, DIAMOND SYMBOL, HORSESHOE SYMBOL, CLOVER SYMBOL, STACK OF COINS SYMBOL, MONEY BAG SYMBOL, DOLLAR BILL SYMBOL, TREASURE CHEST SYMBOL, PIGGY BANK SYMBOL and SAFE SYMBOL.

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

Figure 1: 16 TAC GAME NO. 684- 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. 684 - 1.2E

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

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

G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00, $15.00 or $20.00.

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

I. High-Tier Prize - A prize of $25,000.

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 (684), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 684-0000001-001.

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

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "ICY CASH" Instant Game No. 684 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 "ICY CASH" Instant Game is determined once the latex on the ticket is scratched off to expose 20 (twenty) Play Symbols. Scratch the play area and count up the number of moneybag symbols revealed and see prize legend for prize won. Only highest prize paid. 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 20 (twenty) 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 20 (twenty) 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 20 (twenty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 20 (twenty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. The moneybag play symbol will appear an approximately equal number of times in each of the 20 play spots and will only appear on intended winning tickets.

C. There will never be more than 10 moneybag play symbols on a ticket.

D. There will be no more than three like non-winning play symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "ICY CASH" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "ICY CASH" Instant Game prize of $25,000, 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 "ICY CASH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "ICY CASH" 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 "ICY CASH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 684. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 684- 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. 684 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. 684, 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-200602981

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 31, 2006


Texas Board of Professional Engineers

Stakeholder Meeting Announcement

The Texas Board of Professional Engineers (Board) is given authority to issue advisory opinions under Subchapter M, Chapter 1001 of the Occupations Code (Texas Engineering Practice Act). The Board is required to issue an advisory opinion about interpretations of the Texas Engineering Practice Act in regard to a specific existing or hypothetical factual situation if requested by a person and to respond to that request within 180 days.

Pursuant to that requirement, the Board hereby notifies potential stakeholders that it has initiated the process to develop an advisory opinion regarding commissioning building systems. There may be some overlap between engineering and commissioning agent's roles and responsibilities. The request asks for a determination of the aspects of commissioning a building that would require the services of a licensed professional engineer. There are guidelines developed by the American Society of Heating, Refrigeration, and Air Conditioning Engineers that describe the commissioning process. In addition, the United States Green Building Council has developed a program called Leadership in Energy and Environmental Design that has guidance on commissioning of building energy systems. There is also an Association of Air Balance Council that describes the requirements of Commissioning Authorities and these authorities include, but are not limited to, professional engineers. Several of these organizations have guidelines specifying the requirements of the commissioning authority. The Board has developed a stakeholder process to gather information from professional engineers, consultants and other interested parties. The policy advisory will be written with consideration given to stakeholder comments. This notice is intended to generate a list of possible stakeholders and to initiate public comment. The policy advisory will be written with consideration given to stakeholder comments. This notice is intended to generate a list of possible stakeholders and to initiate public comment. The Board will hold a stakeholder meeting at 10 a.m. on June 23, 2006. Stakeholder contact information and comments received during the posting period will be considered in the policy advisory and the scheduling of the stakeholder meeting:

Texas Board of Professional Engineers

1917 IH 35 South

Austin, Texas 78741

Attention: Policy Advisory Staff

Or by e-mail to: peboard@tbpe.state.tx.us

TRD-200602963

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Filed: May 31, 2006


Public Utility Commission of Texas

Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas on May 25, 2006, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §14.101 and §39.158 (Vernon 1998 & Supplement 2005) (PURA).

Docket Style and Number: Joint Application of LCRA Transmission Services Corporation and the City of Seguin to Transfer Certificate Rights and for Approval of Transfer of Facilities in Guadalupe County, Docket Number 32752.

The Application: The LCRA Transmission Services Corporation (LCRA TSC) and the City of Seguin (Seguin) filed a joint application for approval to transfer from Seguin to LCRA TSC a two-mile 138-kV transmission line and related substation assets located in Guadalupe County, Texas. The transmission line being transferred in this proceeding is the only transmission facility owned by Seguin. The transmission line connects Seguin's Cushman and Seguin Substations. LCRA TSC currently leases the transmission and substation assets and operates these in conjunction with its other transmission assets. LCRA TSC and Seguin executed an Asset Purchase Agreement for the approximately two-mile long transmission line that joins the two substations.

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 32752.

TRD-200602948

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 30, 2006


Notice of Application to Amend Certificated Service Area Boundaries in Goliad County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on May 26, 2006, for an amendment to certificated service area boundaries within Goliad County, Texas.

Docket Style and Number: Application of AEP Texas Central Company and Victoria Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for the Transfer of Certain Customers in Victoria Electric Cooperative, Inc.'s Service Area and Relinquishment of Service Area Exception within Goliad County. Docket Number 32759.

The Application: AEP Texas Central Company seeks to relinquish its certificated right and obligation to provide electric wires service to customers it currently serves in an area that is generally singly certificated to Victoria Electric Cooperative, Inc. southwest of the City of Victoria and northeast of the community of Fannin north of U.S. Highway 59. The service territory affected by this petition encompasses an area in which TCC currently provides service to approximately 15 existing customers in the Twin Oak Lakes Subdivision.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than June 19, 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 32759.

TRD-200602949

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 30, 2006


Notice of Application to Amend Certificated Service Area Boundaries in Moore County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on May 23, 2006, for a service area exception to amend certificated service area boundaries within Moore County.

Docket Style and Number: Application of Southwestern Public Service Company (an Xcel Energy Company) for a Certificate of Convenience and Necessity for a Service Area Exception in Moore County. Docket Number 32742.

The Application: Southwestern Public Service Company (SPS) requests a service area boundary amendment to provide service to a specific customer located within the certificated service territory of Rita Blanca Electric Cooperative, Inc. (RBEC) for two irrigation wells. SPS is already providing service to this customer and can accommodate the additional facility without any substantial investment. RBEC is in full agreement with the territory amendment.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than June 16, 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 32742.

TRD-200602919

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2006


Notice of Application to Relinquish a Service Provider Certificate of Operating Authority

On May 22, 2006, KMC Network Services, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60418. Applicant intends to relinquish its certificate.

The Application: Application of KMC Network Services, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 32738.

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 June 14, 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 32738.

TRD-200602918

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2006


San Antonio-Bexar County Metropolitan Planning Organization

Request for Proposal

The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms for the development of a Microsimulation Model for the Fort Sam Houston area.

A copy of the Request for Proposals (RFP) may be requested by calling Jeanne Geiger, Deputy Director, at (210) 227-8651 or by downloading the RFP and attachments from the MPO's website at www.sametroplan.org. Anyone wishing to submit a proposal must do so by 12:00 p.m. (CDT), Friday, July 7, 2006 at the MPO office to:

Jeanne Geiger, Deputy Director

San Antonio-Bexar County MPO

1021 San Pedro, Suite 2200

San Antonio, Texas 78212

The contract award will be made by the MPO's Transportation Policy Board based on the recommendation of the project's Selection/Oversight Committee. The Selection/Oversight Committee will review the proposals based on the evaluation criteria listed in the RFP.

Funding for this project, in the amount of $200,000, is contingent upon the availability of Federal transportation planning funds.

TRD-200602916

Jeanne Geiger

Deputy Director

San Antonio-Bexar County Metropolitan Planning Organization

Filed: May 25, 2006


Request for Proposal

The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms for the development of microsimulation models for three activity centers: the Broadway/New Braunfels Corridor, Brooks City-Base, and the South Texas Medical Center.

A copy of the Request for Proposals (RFP) may be requested by calling Jeanne Geiger, Deputy Director, at (210) 227-8651 or by downloading the RFP and attachments from the MPO's website at www.sametroplan.org. Anyone wishing to submit a proposal must do so by 12:00 p.m. (CDT), Friday, July 7, 2006 at the MPO office to:

Jeanne Geiger, Deputy Director

San Antonio-Bexar County MPO

1021 San Pedro, Suite 2200

San Antonio, Texas 78212

The contract award will be made by the MPO's Transportation Policy Board based on the recommendation of the project's Selection/Oversight Committee. The Selection/Oversight committee will review the proposals based on the evaluation criteria listed in the RFP.

Funding for this project, in the amount of $550,000, is contingent upon the availability of Federal transportation planning funds.

TRD-200602917

Jeanne Geiger

Deputy Director

San Antonio-Bexar County Metropolitan Planning Organization

Filed: May 25, 2006


Texas Department of Transportation

Aviation Division - Request for Proposal for Aviation Engineering Services

The City of Lancaster, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below:

Airport Sponsor: City of Lancaster, Lancaster Airport. TxDOT CSJ No.:0618LNCAS. Scope: Provide engineering/design services to install supplemental lighted windcone, signage and security fencing, extend MIRL to runway 31 end, relocate PAPI-4 and REIL to runway 31 end, overlay apron and taxiways, overlay and mark runway 13-31, extend runway 13-31, extend parallel taxiway to runway 31 end, construct holding apron at the end of runway 31, realign Ferris Road, construct apron and T-hangar taxiway, construct corporate hangar access taxiways, and construct storm water detention facilities.

The DBE goal is set at 5%. TxDOT Project Manager is Alan Schmidt, P.E.

To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing, and project narrative are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Lancaster Airport".

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal". The form may be requested from TxDOT Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us/avn/avn550.doc . The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is an MS Word Template.

Please note:

Six completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than Thursday, July 6, 2006, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Amy Slaughter.

The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at www.dot.state.tx.us/business/avnconsultinfo.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

If there are any procedural questions, please contact Amy Slaughter, Grant Manager, or Alan Schmidt, PE, Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200602929

Joanne Wright

General Counsel

Texas Department of Transportation

Filed: May 26, 2006


Aviation Division - Request for Proposal for Professional Services

The City of Lancaster, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional services firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional services as described below:

Airport Sponsor: City of Lancaster, Lancaster Airport. TxDOT CSJ No: 06EALNCAS. Scope: Prepare an Environmental Assessment in accordance with current TxDOT and FAA guidance and obtain required permits at the Lancaster Airport.

The proposed actions to be evaluated include: extend runway 13-31; extend parallel taxiway to runway 31 end; overlay runway, taxiways and apron; construct apron, corporate hangar access taxiways and T-hangar taxiway; construct holding apron at the end of runway 31; realign Ferris Road; relocate PAPI-4 and REIL to runway 31 end; extend MIRL to runway 31 end; install supplemental lighted windcone; install signage; install security fencing; and construct storm water detention facilities.

The DBE goal is set at 0%. TxDOT Project Manager is Josephine Jarrell.

Interested firms shall utilize the Form AVN-551, titled "Aviation Planning Services Proposal". The form may be requested from TxDOT Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us/avn/avn551.doc . The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-551, firms are encouraged to download Form AVN-551 from the TxDOT website as addressed above. Utilization of Form AVN-551 from a previous download may not be the exact same format. Form AVN-551 is an MS Word Template.

Please note:

Six completed, unfolded copies of Form AVN-551 must be received by TxDOT Aviation Division at 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than Thursday, July 6, 2006, at 4:00 p.m. Electronic facsimiles or forms sent by e-mail will not be accepted. Please mark the envelope of the forms to the attention of Amy Slaughter.

The Consultant Selection Committee (Committee) will be composed of local government members. The final selection by the Committee will generally be made following the completion of review of proposals. The Committee will review all proposals and rate and rank each. The criteria for evaluating consultants for airport planning projects can be found at http://www.dot.state.tx.us/business/avnconsultinfo.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The Committee does, however, reserve the right to conduct interviews for the top rated firms if the Committee deems it necessary. If interviews are conducted, selection will be made following interviews.

If there are any procedural questions, please contact Amy Slaughter, Grant Manager, or Josephine Jarrell, Project Manager, for technical questions at 1-800-68-PILOT (74568).

TRD-200602946

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 30, 2006


Public Notice of DEIS

Pursuant to Title 43, Texas Administrative Code, §2.43(c)(9)(A), the Texas Department of Transportation (TxDOT) announces to the public the availability of the Revised Draft Environmental Impact Statement (Revised DEIS), dated May 2006, for the proposed construction of Segment F-2 of Grand Parkway (State Highway 99) northwest of Houston in Harris County, Texas. Comments regarding the Revised DEIS can be mailed to the Grand Parkway Association, Attention: Segment F-2 Comments, 4544 Post Oak Place, Suite 222, Houston, Texas 77027 or to TxDOT Houston District, Attention: Director of Project Development, P. O. Box 1386, Houston, Texas 77251-1386. Comments will be accepted by e-mail to segmentf2comments@grandpky.com . All comments must be submitted prior to 5:00 p.m. on September 7, 2006.

The Revised DEIS was prepared in response to comments received regarding the Segment F-2 DEIS that was released in February 2004. The Grand Parkway Association, in coordination with TxDOT and the Federal Highway Administration (FHWA), has prepared the Revised DEIS to include updated land use, updated indirect and cumulative impacts, and additional alternatives developed in response to land use constraints.

Transportation improvements are needed in the Segment F-2 study area because there are inefficient connections between suburban communities and major radial roadways, the current and future transportation demand exceeds capacity, many roadways in the study area have a high accident rate, and there is an increasing strain on transportation infrastructure from population and economic growth. The purpose of the proposed transportation improvements in the Segment F-2 study area is to efficiently link the suburban communities and major roadways, enhance mobility and safety, and respond to economic growth. The goal is to improve system linkage, address current and future transportation demand, improve safety, and accommodate population and economic growth.

The study process included consideration of a full range of alternatives. The Study Team considered the No-Build Alternative, various transportation modes, alterative corridors, and various Build alternative alignments. Transportation System Management, Travel Demand Management, Smart Street improvements, and modal transportation improvements such as bus transit, high-occupancy vehicle lanes, rail feasibility, and new planned roadway construction were considered. Alternatives determined not to meet the need for and purpose of the project were eliminated from further consideration, while other reasonable alternatives were identified and carried forward for detailed study. The Build Alternative was selected because it is the only alternative that fulfills the need for and purpose of the project. The study approach first emphasized avoidance, and then minimization to ensure that the identified Preferred Alternative Corridor, and ultimately the Recommended Alternative Alignment, minimized adverse impacts to the greatest extent possible. Identification of a Recommended Alternative Alignment was performed after careful consideration of comments received from the public and resource agencies.

The Recommended Alternative Alignment consists of a controlled access toll road on a new location. The proposed facility would include four main lanes and intermittent frontage roads within a right-of-way width of 400 feet. A total of six Alternative Alignments (A through F), in addition to the No-Build Alternative, are presented in the Revised DEIS. All alternative alignments extend from SH 249 to IH 45 in an east-west direction and are described below.

A. Alternative Alignment A begins at SH 249 and passes through the center of the study area. This alignment alternative ends at IH 45, approximately 0.6 miles north of Spring Stuebner Road and is 12.5 miles in length.

B. Alternative Alignment B starts at the same location as Alternative Alignment A but passes through the middle and southern portion of the study area. Alternative Alignment B ends 0.1 miles south of the Hardy Toll Road and IH 45 intersection and is 13.0 miles in length.

C. Alternative Alignment C begins at the same location as Alignments A and B and passes through the north and middle portion of the study area. Alternative Alignment C ends at the same location of Alternative Alignment A and is 12.2 miles in length.

D. Alternative Alignment D begins at the same location as Alignments A through C and is 12.0 miles in length. Alternative Alignment D passes through the middle of the study area from Boudreaux Road approximately 0.3 miles northeast of FM 2920 for approximately 7.0 miles before ending at the same location as Alternative Alignment C.

E. Alternative Alignment E begins at the same location as Alternative Alignments A through D and is 12.5 miles in length. Alternative Alignment E passes through the northern portion of the study area where it ends at the same location as Alternative Alignment B.

F. Alternative Alignment F begins at the same location as Alternative Alignments A through E and is 12.1 miles in length. Alternative Alignment F passes through the northern portion of the study area before ending at the same location as Alternative Alignment C.

The Recommended Alternative Alignment that has emerged from the study is a combination of alternative alignments. The Recommended Alternative Alignment allowed impact avoidance and minimization for a number of resources, fulfilled the need for and purpose of the project, and provided feasible engineering alternatives. The Recommended Alternative Alignment best balances the expected project benefits with the overall effects.

The Recommended Alternative Alignment for Segment F-2 would require the acquisition of right-of-way, the adjustment of utility lines, and the filling of aquatic resources including approximately 1.3 acres of potentially jurisdictional wetlands. The displacement of four businesses, 57 existing residences, and 66 platted residences would occur. Access changes or right-of-way would be acquired from one undeveloped school property (Klein ISD), one church, and one private park (Spring Klein Baseball Park). Additionally, like all alignments considered, the Recommended Alternative Alignment would affect visual resources in the immediate area, present potential access impacts, cause separation of farmland from homesteads, cause changes to community cohesion, and affect 2.3 acres of remnant prairie topography. No effects to archeological sites, historic properties, cemeteries, publicly-owned parks, riparian and bottomland hardwood forests, or endangered species are expected. No disproportionate effects to minority or low-income populations would result from this alternative. Although a Recommended Alternative Alignment is presented, selection of the final Preferred Alternative Alignment will not be made until after the public comment period is completed, comments on the Revised DEIS are received and considered, and the environmental effects are fully evaluated.

The Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Uniform Act) requires that comparable, decent, safe, and sanitary replacement housing within a person's financial means be made available to all affected residents. The State's Relocation Assistance Program will be available to all individuals, families, businesses, farmers, ranchers, and nonprofit organizations displaced as a result of the proposed project. Acquisitions of businesses and residences will be conducted in accordance with the Uniform Act, as amended in 1987. Relocation assistance would be made available to all businesses and residences without discrimination, consistent with the requirements of the Civil Rights Act of 1964 and the Housing and Urban Development Amendment of 1974. Representatives from the state will be available at the public hearing to answer questions and provide information concerning the property acquisition process and benefits offered by relocation assistance. The property acquisition process for this project is scheduled to begin in 2008. Construction could begin as early as 2009, depending upon the completion of property acquisition and the availability of funds.

Copies of the Revised DEIS and other information about the project may be obtained by contacting Mr. David Gornet at the Grand Parkway Association, at (713) 965-0871. Paper copies of the Revised DEIS may also be reviewed at the following locations: Grand Parkway Association, 4544 Post Oak Place, Suite 222, Houston, TX; TxDOT Houston District Office, 7721 Washington Avenue, Houston, TX; Houston Public Library Bibliographic Information Center, 500 McKinney, Houston, TX; Harris County Public Library, Barbara Bush Branch, 6817 Cypresswood Dr., Spring, TX; Harris County Public Library, Tomball Branch, 1226 W. Main St., Tomball TX; and Montgomery County Library, South Branch, 2101 Lake Robbins Dr., The Woodlands, TX. A digital version of the Revised DEIS may be downloaded from the Grand Parkway website at www.grandpky.com .

TRD-200602945

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 30, 2006


Texas Water Development Board

Notice of Public Hearing

An attorney with the Texas Water Development Board will conduct a public hearing beginning at 9:00 a.m., July 10, 2006, Room 1-111, William Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, on the proposed Fiscal Year 2007 Intended Use Plan for the Drinking Water State Revolving Fund (DWSRF).

The Intended Use Plan contains a combined list of projects for large and small communities, including projects for privately owned water systems and projects for entities which have qualified as disadvantaged communities. Projects are listed in priority order. The Intended Use Plan describes the sources and uses of funds for projects as well as set-aside activities The proposed Intended Use Plan has been prepared pursuant to rules for the DWSRF as adopted by the Texas Water Development Board in 31 Texas Administrative Code, Chapter 371.

Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the proposed Intended Use Plan. In addition, persons may participate in the hearing by mailing written comments before July 10, 2006 to Bruce E. Crawford, Office of Project Finance and Construction Assistance, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711. Written comments will also be accepted for thirty (30) days following the July 10, 2006 hearing. Copies of the proposed 2007 Intended Use Plan will be available in Room 580 of the Stephen F. Austin Building or may be obtained from the Office of Project Finance and Construction Assistance, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711.

The hearing is being conducted pursuant to 31 Texas Administrative Code, §371.11 and 40 Code of Federal Regulations Part 25.

TRD-200602975

Jonathan Steinberg

Deputy Counsel

Texas Water Development Board

Filed: May 31, 2006


Notice of Public Hearing

An attorney with the Texas Water Development Board will conduct a public hearing beginning at 9:00 a.m., July 24, 2006, Room 170, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 78711, on the proposed Fiscal Year 2007 Intended Use Plan for the Clean Water State Revolving Fund (CWSRF).

The Intended Use Plan contains a listing of treatment works projects in prioritized order which will be considered for funding in FY 2007 through the CWSRF program. The proposed Intended Use Plan has been prepared pursuant to rules for the CWSRF as adopted by the Texas Water Development Board in 31 Texas Administrative Code, Chapter 375.

Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the proposed Intended Use Plan. In addition, persons may participate in the hearing by mailing written comments before August 15, 2006 to Bruce E. Crawford, Office of Project Finance and Construction Assistance, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711. Copies of the proposed 2007 Intended Use Plan will be available in Room 580 of the Stephen F. Austin Building or may be obtained from the Office of Project Finance and Construction Assistance, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711.

This hearing is being conducted pursuant to 31 Texas Administrative Code, §375.11 and 40 Code of Federal Regulations Part 25.

TRD-200602976

Jonathan Steinberg

Deputy Counsel

Texas Water Development Board

Filed: May 31, 2006