Texas Department of Agriculture
Texas Administrative Code, Title 4, Part 1, Chapter 1, §1.56(c)(2)(B)(vi), provides that the Texas Department of Agriculture (TDA) may, by written notice published in the In Addition section of the Texas Register waive late fees for a class of licensees if, due to malfunctions in the renewal generation process, a class of license renewals are mailed less than 30 days prior to the normal expiration date for that class of licensees. In accordance with §1.56(c)(2)(B)(vi), TDA hereby provides notice that it is waiving late fees for 2,105 accounts of various types whose renewal notices were mailed less than 30 days prior to the expiration date due to a data transmission error that occurred during the printing of the renewal notices for accounts expiring on or around July 31, 2007. This late fee waiver is effective beginning August 1, 2007, and will be valid for the affected accounts until September 1, 2007.
Please contact Tim Speer at (877) 542-2474 if you have any questions regarding this notice.
TRD-200703430
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: August 7, 2007
Notice of Intent to Amend and Extend Consultant Services Contract
The Child Support Division (CSD) of the Office of the Attorney General (OAG) currently has a consulting services contract with Deloitte Consulting, LLP of 400 West 15th Street, Suite 1700, Austin, Texas 78701. Deloitte Consulting is providing consulting services related to:
• Assessing Child Support Division (CSD) business processes
• Recommending how CSD processes should change to meet the vision for the future of child support
• Recommending technologies and/or services that could best support future business processes
• Recommending a new organization required to support future business processes
• Reviewing the existing business strategy and review and identify metrics to support that strategy
• Recommending a plan or roadmap to implement new processes, technologies and services
• Planning and possibly overseeing the implementation of the new processes, services, and supporting technology
The contract was executed on January 22, 2007, and will expire on August 31, 2007, with options to extend. The original contract amount is for $1,790,000.00.
Deloitte Consulting was selected as the consultant for this project after a competitive process whereby the OAG evaluated four proposals that were submitted as a result of the invitation to submit proposals that was published in the September 15, 2006, issue of the Texas Register (31 TexReg 8019).
The OAG intends to extend this consulting services contract and amend it to describe Deloitte Consulting's role after submitting Business Process Redesign (BPR) recommendations. Pursuant to Texas Government Code, Chapter 2254, Subchapter B, before extending and amending the contract with Deloitte Consulting, the OAG publishes this notice and invitation to qualified and experienced consultants interested in providing the consulting services described in this notice.
SCOPE OF SERVICES:
To provide "Development and Implementation Continuity Assurance" by preparing, planning, developing and deploying the management and technical infrastructure necessary to implement the recommendations made by Deloitte Consulting pursuant to its consulting contract regarding new processes, organizational changes, performance metrics and supporting technologies identified during the initial term of the contract.
FINDING OF FACT:
The OAG has submitted a request to the Budget, Planning & Policy Division of the Governor's Office for a Finding of Fact that the requested consulting services are necessary. Extension of the contract or execution of a new contract is contingent upon receipt of this Finding of Fact.
CRITERIA FOR SELECTION:
The OAG intends to negotiate with Deloitte Consulting the extension and amendment to its consulting services contract to include this scope of work, unless the OAG receives a better offer for the desired consulting services. The OAG will make its selection based on demonstrated competence, knowledge, and qualifications, considering the reasonableness of the proposed fees for consulting services.
SUBMITTING OFFERS:
Any consultant submitting an offer in response to this notice must provide the following with the offer:
(1) The consultant's legal name and address
(2) A description of the consultant's experience in the business process redesign field
(3) Information regarding the qualifications, education, and experience of the team(s) proposed to provide these consulting services
(4) The price to perform the entire scope of services
(5) The earliest date on which the consultant could begin to provide services
(6) A list of three references, including any Child Support customers for which the consultant has performed services
(7) A previous or sample BPR implementation plan that represents the consultant's work
(8) A completed Historically Underutilized Businesses subcontracting plan (the forms can be found at http://www.tbpc.state.tx.us/communities/procurement/prog/hub/hub-subcontracting-plan)
(9) The following completed forms (available from the OAG Contact identified below): Certification Regarding Lobbying, Consultant Assurances with Certification, and Consultant Release of Liability (to References)
In order to be considered for this Consulting Services contract, a Response should be submitted, in accordance with the instructions in this notice to the OAG by 2:00 p.m. CST on September 7, 2007.
Telephone and facsimile responses will not be accepted. Responses may be submitted by mail to the mailing address listed below; or may be hand delivered to the physical address listed below.
Mailing Address:
Office of the Attorney General
Child Support Division
Attn: Ron Pigott, Assistant Attorney General
P.O. Box 12017
Austin, TX 78711-2017
Physical Address:
Office of the Attorney General
Child Support Division
Attn: Ron Pigott, Assistant Attorney General
5500 E. Oltorf St., Room 375
Austin, TX 78741-7400
E-mail: Ron.Pigott@oag.state.tx.us
QUESTIONS:
Questions concerning this notice and invitation should be submitted in writing or by email to the point of contact listed above.
OAG RIGHTS:
The OAG reserves the right to accept or reject any or all offers submitted. The OAG is under no obligation to execute any contract on the basis of this notice. The OAG will not pay for any costs incurred by any entity in responding to this notice.
For questions regarding this notice, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200703442
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 8, 2007
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of July 27, 2007, through August 2, 2007. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on August 8, 2007. The public comment period for this project will close at 5:00 p.m. on September 7, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: MB Harbor, Ltd.; Location: The project is located at the intersection of the Genco outfall canal and Clear Lake. The project can be located on the U.S.G.S. quadrangle map entitled: League City, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 301075; Northing: 3270147. Project Description: This public notice is for modifications to the proposed project plans included in a previous Public Notice, dated 5 April 2007. The applicant proposes to discharge fill material into 0.012 acre of adjacent wetlands and 0.35 acre of jurisdictional open water of Clear Lake to construct a marina and residential community. The project will also include 4.08 acre of impact to jurisdictional open water resulting from dredging/excavation activities. The project involves the construction of 79 single family homes sites with waterway access, 21 non-marina lots, and a commercial/retail area as well as one acre of parklands and open spaces.
The proposed project site consists of a 37.7-acre parcel east of the canal, a 9.19-acre parcel north of the canal, a 2.19-acre tract west of Marina Way, and a 14.04-acre open water area comprised of the Glen Cove Marina and existing canal.
Operations associated with the construction of the project will include the dredging of an existing 3,635-linear-foot cooling channel from the mouth of the existing Glen Cove channel to FM 2094, as well as 2,119 linear feet of the channel within Clear Lake. Approximately 16,380 cubic yards of material will be dredged (mechanical or hydraulic, depending on equipment availability) from the bottom and sides of the existing jurisdictional canal from the downstream side of the Seminole Bridge out into Clear Lake. Approximately 7,105 cubic yards of material will be dredged from Seminole Bridge to FM 2094; and 145,000 cubic yards of material will be excavated to create the new canal. The 7,105 cubic yards of dredged material from the existing canal upstream of the Seminole Drive Bridge and the 16,380 cubic yards of dredged material from the existing canal between Seminole Drive Bridge and the Clear Creek Channel will be dredged using either a dragline or a hydraulic dredge, depending upon the availability of equipment. The dredged material and material excavated to construct the new canal will be placed within the bermed area subsequent to dewatering activities and spreading of the sediments on the proposed lots. The dredged material from future maintenance dredging activities will be placed on a site located south of FM 517 just east of its intersection with the Highway 35 by-pass.
After the dredging and dewatering operations are complete, the existing channel upstream of Seminole Drive will be widened. Approximately 50,515 cubic yards of upland soils will be excavated from the sides of the existing canal between FM 2094 and the Seminole Drive Bridge and will be placed on all of the designated fill sites. Soils excavated from the east side of the existing canal and from the new canal will be incorporated with the dewatered dredged material and spread on the larger tract to the designated elevations. Upland soils excavated from the west side of the existing canal will be spread on the two northern tracts to the designated elevations.
Based on the Corps of Engineers (Corps) jurisdictional determination D-17791, the two smaller tracts north of the canal have been verified to not contain any waters of the United States, including adjacent wetlands. The larger tract was determined to contain adjacent wetlands; however, these wetlands were not verified by the Corps to determine the exact extent and location of waters of the United States within the project site. A second determination on the property confirmed that the existing canal is a navigable water of the United States.
The applicant is proposing to offset the jurisdictional impacts of the project by opening the upper reach of the cooling canal to tidally influenced conditions and enhancing the existing canal after the removal of the existing water control structure. A second canal will be excavated to the east, joining with the existing canal near the lift station. The amount of open water that will be created in the two canals is 4.54 acres Water quality functions in the two upper channels will be enhanced by installing 5,800 linear feet of bulkhead along the shoreline and by creating 1.37 acres of wetland marsh (vegetation) benches instead of the 0.39 acre proposed in the initial public notice.
The marsh benches will be compensatory mitigation for impacts to jurisdictional waters and will be designed into the channel cross sections as part of the channel widening phase and the construction of the bulkheads. Instead of a four-foot-wide marsh bench with 3:1 slopes on one side of the canal, the applicant will create a ten-foot-wide bench on both sides of the canals within the intertidal zones of Clear Lake. The tops of the benches will be planted with smooth Cordgrass (Spartina alterniflora) sprigs at an initial planted spacing sufficient to achieve coverage of the intertidal benches. To assist with dissolved oxygen levels in the water columns of the upper channels, the applicant originally proposed a pumping and aeration system will be installed to circulate waters between the upper reaches of the existing and new canals. In addition to the pumping and aeration system, the applicant is proposing to install a 24-inch storm water pipe upstream of the proposed water control structure to bring fresh water to the most eastern channel. The plan was modified to reduce the number of boat ramps from three to one. In addition, bio-swales are proposed to be installed at storm water discharge points into the canal. These freshwater bio-swales will create an additional 0.168 acre of freshwater wetlands within the project site. To summarize, the mitigation will consist of the creation of 5.91 acres of additional jurisdictional areas. Of this total acreage, 4.54 acres of jurisdictional open water will be created during the new canal construction and the removal of the existing dam structure. In addition to the creation of jurisdictional open water, 1.37 acres of wetlands will be created by constructing vegetated benches along the sides of the canals. An additional 0.168 acres of freshwater wetlands (bio-swales) will be created to filter water from the development before it enters the canals. CCC Project No.: 07-0258-F1; Type of Application: U.S.A.C.E. permit application #SWG-2006-2532 (Rev.) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Tortuga Harbor Planning, LLC; Location: The project is located at North Padre Island on the west side of Packery Channel, north of the State Highway 361 Bridge, in Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: CRANE ISLANDS SW, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 676000; Northing: 3056100. Project Description: The applicant proposes to construct a marina with single family homes, multi-family units, and retail/commercial space within an approximate 54-acre tract of land adjacent to Corpus Christi Bay and Packery Channel. The marina would include a 10-acre harbor with an access channel, marina area, ships store with fuel, dry stack boat storage, and 175 floating dock boat slips. Boat slips would be designed for double occupancy, vary in length from 30 feet to 40 feet, vary in width from 24 feet to 36 feet, and contain a central mooring pile. Walkways to the slips would be 6 to 8 feet in width and finger piers on either side of the slips would be 4 feet in width.
A total of 196,031 cubic yards of material would be mechanically excavated to construct a harbor/marina area with a final depth of -6 feet mean high water. Approximately 1,278 cubic yards of material would be mechanically dredged from a 0.39-acre area that begins at the shoreline and extends out to Packery Channel. Approximately 0.17 acre of Packery Channel shoreline and shallow water zone would be converted to deeper water to form the channel entrance to the harbor. All excavated and dredged material would be placed in on-site uplands and used as fill for the remainder of the project. Approximately 0.11 acre of tidal shoreline would be filled for construction of a sheetpile breakwater structure to protect the property and the wetlands along the shoreline. The breakwater would contain open cuts in the sheet pile to allow tidal water exchange to the wetlands behind the breakwater. There would be a total of 32 feet of openings along the southern breakwater and 46 feet of openings in the northern breakwater. In addition to the 0.11 acre of tidal shoreline that would be filled, approximately 0.07 acre of brackish water wetlands would be filled for contouring and grading near a proposed drainage swale, and 0.17 acre of tidal wetland would be excavated for the entrance channel. Approximately 0.337 acre of freshwater wetlands would be filled for the marina and dry stack boat storage, with 0.55 acre of wetlands excavated for the harbor, and 0.98 acre of wetlands filled for the retail facilities. As compensation for these impacts, the applicant proposes to create 1.08 acres of shallow water marsh behind the proposed breakwater and inside the harbor, restore a breach in Shamrock Island using sand, and protect 1.33 acres of existing tidal wetlands adjacent to the proposed harbor entrance channel by construction of the proposed breakwater. A Habitat Conservation and Management Plan would protect 6.22 acres of oak brush habitat and 2.41 acres of tidal to brackish marsh wetlands (including existing and created wetlands). Best management practices to be used at the project site include storm water sediment catch traps at all storm water outfalls, silt fencing around all construction areas and all protected wetland areas, mulch and hay bales to control rainfall runoff and prevent erosion, and construction access roads would be constructed of rock road bed. In addition, a drainage swale and sediment catch trap would also be constructed to maintain storm water drainage into the existing protected tidal and brackish wetland along Packery Channel. The restoration of the breach in Shamrock Island would include the placement of sand and shell hash into an area that is 100 feet long and 30 feet wide. Approximately 333 cubic yards of sand would be placed to a depth of 3 feet in the breach, and approximately 55 cubic yards of shell hash would be placed over the sand to a depth of 0.5 feet. The sand and shell hash would be brought from off-site sources and small work barges, and board mats would be used to place the material into the breach. CCC Project No.: 07-0259-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-925 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: D H Palacios Development, LP; Location: The project is located along Turtle Bay and Tres Palacios Bay at the former Camp Hulen site, near Palacios, Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Turtle Bay, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 768649; Northing: 3176170. Project Description: The proposed "Beachside" development is a master-planned waterfront residential/resort community to be located on a portion of the former Camp Hulen military facility near Palacios, Texas. The applicant proposes to construct a community pedestrian pier, an inland marina, inland canals, and two access channels to Tres Palacios Bay and jetties that would protect the channels from sedimentation.
The community pedestrian pier would be constructed in the southwest portion of the site for nature viewing. The proposed pier measurements are 8 by 200 feet with a 10-by-46-foot T-head.
Two channels (comprising 5.74 acres of bay bottom) would be either mechanically or hydraulically dredged (20,000 cubic yards) into Tres Palacios Bay. The east channel would be approximately 130 feet wide by 1,300 feet long and the west channel would be approximately 130 feet wide by 1,200 feet long. To protect the channels from sedimentation, two jetties (timber breakwaters filled with crushed concrete) would be placed along the boundary of each access channel. Approximately 6,700 cubic yards of fill would be placed into 2.09 acres of bay bottom during the construction of the jetties and toe protection. If the channels are mechanically dredged, the excavated material would be placed on a barge and off-loaded on land to be used as fill for the subdivision on uplands. If hydraulic dredging is used, the material would be transported by a 6,000-foot pipeline to the existing Matagorda County Navigation District Number 1 (MCND#1)/U.S. Army Corps of Engineers (Corps) Dredge Material Placement Area (DMPA) Number 15. After decanting the dredged material, it would be mechanically removed from the DMPA and used as fill for the proposed subdivision on uplands.
A 20-acre small craft marina and inland canals would be constructed from uplands. These inland features would be connected to Tres Palacios Bay by the aforementioned proposed channels. The applicant proposes that lot owners adjacent to the inland canals would be allowed to construct docks with specific design requirements behind their homes. However, land owners adjacent to Tres Palacios would not be allowed to construct individual docks or piers.
Maintenance dredging is anticipated to occur every 7 to 10 years after project completion. The applicant proposes to hydraulically dredge approximately 20,000 cubic yards per maintenance event. The maintenance dredged material would be transported to the existing MCND#1/Corps DMPA#15. If the applicant is unable to use the aforementioned facility, an approximate 15-acre DMPA would be constructed north of the Beachside development in uplands. No impacts to wetlands, seagrass beds, or oyster beds are proposed. CCC Project No.: 07-0260-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-412 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200703389
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: August 6, 2007
Notice of Request for Proposals
Pursuant to Chapters 403, 2155, and 2156, §2155.001 and §2156.121, Texas Government Code and Chapter 2305, §2305.038, Texas Government Code, the Comptroller of Public Accounts (Comptroller), State Energy Conservation Office (SECO), announces the issuance of its Request for Proposals (RFP #180c) from qualified, independent firms and institutions to provide technical assistance, energy outreach and related services (Services) for the Texas Energy Partnership Program (Program). One or more successful respondents will assist Comptroller in providing technical energy assistance, conducting energy education outreach and training, and related services, to local governments as directed by Comptroller. Comptroller reserves the right to award one or more contracts under this RFP. The successful respondent(s), if any, will be expected to begin performance of the contract(s), if any, on or about September 25, 2007, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774 (Issuing Office), telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on or after Friday, August 17, 2007, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller will also make the complete RFP available electronically on the Electronic State Business Daily (ESBD) after 10:00 a.m. (CZT), Friday, August 17, 2007.
All written inquiries, questions, and Non-Mandatory Letters of Intent to propose must be received in the Issuing Office prior to 2 p.m. (CZT) on Friday, August 31, 2007. Prospective respondents are encouraged to fax Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The responses to questions and other information pertaining to this procurement will be posted on September 7, 2007, or as soon thereafter as practical, on the ESBD at: http://esbd.tbpc.state.tx.us. Questions and inquiries received after the deadline will not be considered; respondents are solely responsible for verifying timely receipt in the Issuing Office of Non-Mandatory Letters of Intent and Questions.
Closing Date: Proposals must be received in the Issuing Office at the location specified above no later than 2 p.m. (CZT), on Friday, September 14, 2007. Proposals received in the Issuing Office after this time and date will not be considered; respondents are solely responsible for verifying timely receipt of Proposals in the Issuing Office.
Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Comptroller shall pay for no costs incurred by any entity in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - August 17, 2007; Non-Mandatory Letters of Intent and Questions Due - August 31, 2007, 2 p.m. CZT; Official Questions and Responses posted - September 7, 2007 (or as soon thereafter as practical); Proposals Due - September 14, 2007, 2 p.m. CZT; Contract Execution - September 25, 2007, or as soon thereafter as practical; Commencement of Project Activities - September 25, 2007, or as soon thereafter as practical.
TRD-200703446
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: August 8, 2007
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, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/13/07 - 08/19/07 is 18% for Consumer1 /Agricultural/Commercial 2 /credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/13/07 - 08/19/07 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.0053 for the period of 08/01/07 - 08/31/07 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.
The monthly ceiling as prescribed by §303.005 for the period of 08/01/07 - 08/31/07 is 18% for Commercial over $250,000.
1 Credit for personal, family or household use.
2 Credit for business, commercial, investment or other similar purpose.
3 For variable rate commercial transactions only.
TRD-200703416
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: August 7, 2007
Request for Applications Concerning the Texas Science, Technology, Engineering, and Math (T-STEM) Academies - Startup Cycle 3 Grants
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-07-122 from eligible school districts and open-enrollment charter schools. An eligible school district or open-enrollment charter school shall serve a student population of greater than 40 percent economically disadvantaged students and shall have received a rating of Exemplary, Recognized, or Academically Acceptable under the 2007 state accountability rating system. An eligible school district or open-enrollment charter school shall also demonstrate how it will meet all of the requirements in this RFA for opening a Texas Science, Technology, Engineering, and Math (T-STEM) Academy no later than the fall of 2008. A T-STEM Academy shall (1) be an autonomous school located on a stand-alone facility or sharing a facility with an existing school; (2) serve Grades 6-12 or Grades 9-12 with an active relationship with the feeder middle school(s); (3) be small, serving approximately 100 students per grade; (4) be open enrollment, hosting lotteries for admission; (5) serve a student population of greater than 50 percent economically disadvantaged students; (6) be located on a new campus or be located on a campus that exhibited characteristics that strongly correlate with high school dropout rates (including, but not limited to, high 9th grade retention rates) during the 2004-2005, 2005-2006, and 2006-2007 school years; (7) not share a facility with a campus that received a rating of Academically Unacceptable under the state accountability rating system in 2005, 2006, or 2007; and (8) follow all requirements and indicators outlined in the RFA and in the T-STEM Academy Design Blueprint included as an attachment to the RFA. Campuses receiving funding from the TEA, the Communities Foundation of Texas (CFT), or the Bill & Melinda Gates Foundation (BMGF) under any of the following grant programs are not eligible to receive funds under this grant program: a TEA Texas High School Redesign and Restructuring Grant, Cycle 2 or Cycle 3; a TEA or CFT Early College High School Grant; a TEA or CFT T-STEM Academy Grant; a CFT Redesigned High School Grant; a CFT New Schools Grant; or a BMGF Redesign Grant.
Description. The purpose of T-STEM Academies is to increase student achievement by engaging students in and exposing students to innovative science and mathematics instruction while simultaneously acting as demonstration sites to inform mathematics and science teaching and learning statewide. To that end, every academy will provide a rigorous, well-rounded education with outstanding science and mathematics instruction, integrating technology across the curriculum. The goals of this program for the T-STEM Academies are to (1) develop the nation's leading innovation economy workforce by aligning high school courses, postsecondary education, and economic development activities; (2) establish T-STEM Academies in high-need areas across the state that will prepare Texas high school graduates from diverse backgrounds to pursue careers in STEM-related fields; and (3) establish a statewide best-practices network for STEM education to promote broad dissemination and adoption of promising practices from the initiative and improve mathematics and science performance for students across Texas.
Dates of Project. The T-STEM Academies - Startup Cycle 3 Grants will be implemented during the 2008-2009 and 2009-2010 school years. Applicants should plan for a starting date of no earlier than March 1, 2008, and an ending date of no later than May 31, 2010. Schools districts or open-enrollment charter schools selected will be required to open a T-STEM Academy no later than the fall of 2008.
Project Amount. A total of approximately $3,045,000 is available for funding the T-STEM Academies - Startup Cycle 3 Grants. Each project will receive a maximum of $480,000 for a campus serving Grades 9-12, or $840,000 for a campus serving Grades 6-12, for the 2008-2009 and 2009-2010 school years. The funding will be available in two phases. For the Planning Phase, each project may receive a maximum award amount of $80,000. Upon approval of the project's Academy Design Proposal, an additional amount not to exceed $400,000 for a campus serving Grades 9-12, or $760,000 for a campus serving Grades 6-12, will be made available for the Implementation Phase. This project is funded 100 percent from general revenue funds appropriated by the state legislature.
Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project.
The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of RFA #701-07-122 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms/.
Further Information. For clarifying information about the RFA, contact Vicki Logan, Division of Discretionary Grants, TEA, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms/.
Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, October 16, 2007, to be considered for funding.
TRD-200703454
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: August 8, 2007
Eligible Applicants. The Texas Education Agency (TEA) is requesting eGrants applications under Request for Applications (RFA) #701-07-115 from school districts and open-enrollment charter schools on behalf of an individual campus. A multi-campus school district or open-enrollment charter school may submit more than one application; however, each application must address strategies and activities for a single campus and its community. The school must have demonstrated a commitment to campus deregulation and to restructuring educational practices and conditions at the school by entering into a partnership with school staff; parents of students at the school; community and business leaders; school district officers; and a nonprofit community-based organization that has a demonstrated capacity to train, develop, and organize parents and community leaders into a large, nonpartisan constituency that will hold the school and the school district accountable for achieving high academic standards. Campuses currently participating in the 2006-2007 Investment Capital Fund Grant Program, Cycle 16 (SAS #ICFGAA07) are not eligible to participate in this project.
Description. The purposes of the Investment Capital Fund are to (1) assist eligible public schools to implement practices and procedures consistent with deregulation and school restructuring so as to improve student achievement, and (2) help schools identify and train parents and community leaders who will hold the school and the school district accountable for achieving high academic standards. The primary objective of the Investment Capital Fund grant program is to improve academic performance through the following program goals: train school staff, parents, and community leaders to understand academic standards; develop and implement effective strategies to improve student performance; organize a large constituency of parents and community leaders who will hold the school and school district accountable for achieving high academic standards; and engage in ongoing planning to help ensure the success of the grant program.
Dates of Project. The Investment Capital Fund Grant, Cycle 17, will be implemented during the 2007 - 2008 and 2008 - 2009 school years. Applicants should plan for a starting date of no earlier than March 1, 2008, and an ending date of no later than August 31, 2009.
Project Amount. Funding will be provided for approximately 89 projects. Each project will receive a maximum of $50,000 for the grant period.
Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project.
The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Obtaining Access to the eGrants Application. This grant is available only through eGrants and may not be submitted through any other means. A Texas Education Agency Secure Environment (TEA SE) user name and password are required for each user of eGrants. To request a TEA SE username and password, or for information on how to apply for eGrants access once a TEA SE account has been established, go to http://www.tea.state.tx.us/opge/egrant/index.html. Requestors will receive a username and password via email within approximately two weeks.
To access the information and requirements for this grant, enter the TEA Grant Opportunities webpage at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the program/RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Grant Writer's Designation Form. As part of the TEA eGrants system, the Grant Writer Designation Form has been introduced as a mechanism for identifying users who will have access to view and complete the Investment Capital Fund, Cycle 17, Grant Application. Due to the competitive nature of some grants, certain users will be designated to have access to a grant application by the superintendent or the organization's authorized official. Only the superintendent or the organization's authorized official may complete the form, and he or she must denote agreement with the authorization statement on the bottom of the form before the schedule is complete. The information submitted on the form is considered to be binding, and only the users identified on the form will have access to the grant application. The organization must select the eligible campuses so that the designated individuals will have access to the grant application. All applicants must complete and submit the Grant Writer Designation Form, available at http://maverick.tea.state.tx.us:8080/Guidelines/Template%20Forms/GWD%20Form.pdf. The form will close 10 to 15 days before the deadline for receipt of applications, and access to the application will not be available if the form has not been completed and submitted.
Deadline for Receipt of eGrants Applications. The eGrants application will be available on or about Friday, August 17, 2007. The eGrants application must be certified and submitted by the official authorized to enter the applicant organization into a legally binding contractual agreement by 5:00 p.m. (Central Time), Thursday, September 27, 2007, to be considered for funding.
Further Information. For clarifying information about this notice or the RFA, contact Carlos Garza, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQ) at http://burleson.tea.state.tx.us/GrantOpportunities/forms/.
TRD-200703444
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: August 8, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 17, 2007 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 17, 2007 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: Airborn, Inc.; DOCKET NUMBER: 2007-0835-IHW-E; IDENTIFIER: RN100647551; LOCATION: Addison, Dallas County, Texas; TYPE OF FACILITY: electrical connector manufacturing; RULE VIOLATED: 30 Texas Administrative Code (TAC) §335.2(b), by failing to send the waste to an authorized facility for disposal/management; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Severiano M. Anguiano; DOCKET NUMBER: 2007-0464-PST-E; IDENTIFIER: RN101802353; LOCATION: Junction, Kimble County, Texas; TYPE OF FACILITY: property with underground storage tanks (USTs); RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, two USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(3) COMPANY: Bond-Coat, Inc.; DOCKET NUMBER: 2007-0667-AIR-E; IDENTIFIER: RN105193411; LOCATION: Odessa, Midland County, Texas; TYPE OF FACILITY: oilfield drill pipe custom coating plant; RULE VIOLATED: 30 TAC §116.110(a)(1) and Texas Health & Safety Code (THSC), §382.085(b) and §382.0518(a), by failing to obtain a permit prior to construction or operation of a regulated operation; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Lindsey Jones, (512) 239-4930; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(4) COMPANY: Channel Shipyard Company, Inc.; DOCKET NUMBER: 2007-0701-AIR-E; IDENTIFIER: RN100218429; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: barge cleaning operation; RULE VIOLATED: 30 TAC §115.121(a)(1) and §115.122(a)(1)(A) and THSC, §382.085(a) and (b), by failing to operate the thermal oxidizer properly and control a vent gas stream containing benzene; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2007-0322-AIR-E; IDENTIFIER: RN103919817; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.115(c) and §115.722(c)(1), Air Permit Number 37063, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(a)(2)(D) and THSC, §382.085(b), by failing to report the date of the January 15, 2006, incident correctly in the emissions event notification submitted to the TCEQ; and 30 TAC §101.20(1) and §116.115(c), Air Permit Number 1504A, Special Condition Numbers 1 and 11.B, 40 Code of Federal Regulations (CFR) §60.18(c), and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $60,283; Supplemental Environmental Project (SEP) offset amount of $30,141 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Eastman Chemical Company; DOCKET NUMBER: 2007-0699-AIR-E; IDENTIFIER: RN100219815; LOCATION: Longview, Harrison County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c) and §122.143(4), Federal Operating Permit (FOP) Number O-01978, Special Terms and Conditions 6A, Air Permit Number 18104, Special Condition 1, and THSC, §382.085(b), by failing to comply with the volatile organic compound (VOC) maximum allowable emission rate of 0.22 pounds per hour (lbs/hr) for the vacuum system condenser outlet; 30 TAC §116.115(c) and §122.143(4), FOP Number O-01978, Special Terms and Conditions 6A, Air Permit Number 20567, Special Condition 6E, and THSC, §382.085(b), by failing to equip two open-ended lines and valves with a cap, blind flange, plug, or second valve; 30 TAC §122.143(4), FOP Number O-01978, Special Terms and Conditions 3A(iv)(1), and THSC, §382.085(b), by failing to perform quarterly visible emissions observations on a natural gas-fired heater; and 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O-01978, General Condition, and THSC, §382.085(b), by failing to report deviations on the semi-annual deviation report; PENALTY: $31,964; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(7) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2007-0672-AIR-E; IDENTIFIER: RN102579307; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: refining and supply company; RULE VIOLATED: 30 TAC §111.111(a)(1)(A) and §116.715(a), Permit Number 18287, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $70,400; Supplemental Environmental Project (SEP) offset amount of $35,200 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2007-0729-IWD-E; IDENTIFIER: RN102450756; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 03424, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations; and 30 TAC §305.125(1) and TPDES Permit Number 03424, 24-Hour Acute Biomonitoring Requirements, by failing to comply with the semi-annual reporting requirements; PENALTY: $2,880; Supplemental Environmental Project (SEP) offset amount of $1,152 applied to Audubon Society-Tyrrell Park and Cattail Marsh Habitat Improvement; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(9) COMPANY: Harris County Municipal Utility District No. 286; DOCKET NUMBER: 2007-0586-MWD-E; IDENTIFIER: RN102944030; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13020001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a), by failing to comply with the permit effluent limits; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: Hull Fresh Water Supply District; DOCKET NUMBER: 2007-0664-MWD-E; IDENTIFIER: RN102094729; LOCATION: Liberty County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(4) and (5), TPDES Permit Number 13544002, Operational Requirements Number 1, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater from the collection system; 30 TAC §305.125(9) and TPDES Permit Number 13544002, Monitoring and Reporting Requirements, Noncompliance Notification Number 7, by failing to submit noncompliance notifications for all unauthorized discharges from the collection system; and 30 TAC §319.5(b) and TPDES Permit Number 13544002, Monitoring and Reporting Requirements, Self-Reporting Number 1, by failing to collect effluent samples at the required frequency; PENALTY: $22,425; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Lucite International, Inc.; DOCKET NUMBER: 2007-0750-AIR-E; IDENTIFIER: RN102736089; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: industrial organic chemical plant; RULE VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), FOP Number O-01437, General Conditions, Special Condition 2(1) and 12, Air Permit Number 19005/PSD-TX-753, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $3,050; Supplemental Environmental Project (SEP) offset amount of $1,220 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(12) COMPANY: Motiva Enterprises LLC; DOCKET NUMBER: 2007-0586-MLM-E; IDENTIFIER: RN100238898; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum storage; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), FOP Number O-00357, General Terms and Conditions and Special Condition 12, Air Permit Number 56286, Special Condition 4, and THSC, §382.085(b), by failing to maintain records of the weight percentage Benzene content in the gasoline loaded on each barge; 30 TAC §116.115(b)(2)(E)(i) and (c) and §122.143(4), FOP Number O-00357, General Terms and Conditions and Special Condition 12, Air Permit Number 56286, General Condition 7 and Special Condition 3, and THSC, §382.085(b), by failing to maintain the hourly throughput loading records; 30 TAC §116.115(c) and §122.143(4), FOP Number O-00357, General Terms and Conditions, Air Permit Number 56286, Special Condition 8, 40 CFR §61.305(h), and THSC, §382.085(b), by failing to maintain records of leak tests performed; 30 TAC §116.110(a)(1) and THSC, §382.085(b), by failing to obtain authorization for hydrogen sulfide emissions; 30 TAC §116.110(a)(1) and THSC, §382.085(b), by failing to obtain authorization for the emissions associated with the sumps; 30 TAC §122.222(k)(2) and THSC, §382.085(b), by failing to revise FOP Number O-00357 when Tank 1546 was changed from an internal floating roof to external floating roof as reported on the deviation report; 30 TAC §335.4(1), by failing to properly collect and handle industrial solid waste; and 30 TAC §§122.143(4), 122.145(2)(A), and 122.146(5)(D), FOP Number O-00357 General Terms and Conditions, and THSC, §382.085(b), by failing to report deviations on the semi-annual deviation report; PENALTY: $27,976; Supplemental Environmental Project (SEP) offset amount of $11,190 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(13) COMPANY: Post Oak Development of Texas, Inc.; DOCKET NUMBER: 2007-0762-PWS-E; IDENTIFIER: RN103172078; LOCATION: Medina County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q), by failing to issue a boil water notification; 30 TAC §290.46(e)(2)(A), by failing to insure that all new or repaired water distribution facilities are not placed into service without the prior guidance and approval of a licensed water works operator; 30 TAC §290.42(e)(4)(C), by failing to provide an adequate ventilation for all enclosures in which gas chlorine is being stored or fed; and 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of manual disinfectant residual analyzers in the chlorine residual test kit; PENALTY: $744; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(14) COMPANY: Red River Redevelopment Authority; DOCKET NUMBER: 2007-0711-PWS-E; IDENTIFIER: RN100224104; LOCATION: Bowie County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4), Agreed Order Docket No. 2004-0968-PWS-E, Ordering Provision Number 2, and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes; and 30 TAC §290.113(f)(5) and THSC, §341.0315(c), by failing to comply with the MCL for haloacetic acids; PENALTY: $2,600; ENFORCEMENT COORDINATOR: Amy Martin, (512) 239-2540; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(15) COMPANY: Bobby G. Rowland Homes, Inc. dba Rowland & Donnell Homes; DOCKET NUMBER: 2007-0861-WQ-E; IDENTIFIER: RN104016746; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: residential construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), 40 CFR §122.26(a), and TPDES General Permit Number TXR150000 Part III Section F(2)(a)(ii), (v), and 3(b), by failing to properly install and maintain structural controls; and 30 TAC §281.25(a)(4), 40 CFR §122.26(a), and TPDES General Permit Number TXR150000 Part III Section F(2)(a)(iv), by failing to remove accumulations of sediment that had escaped from the construction site; PENALTY: $3,575; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(16) COMPANY: Sparta Oaks Water Corporation; DOCKET NUMBER: 2007-0669-PWS-E; IDENTIFIER: RN101456556; LOCATION: Bell County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(f)(4), by failing to obtain a purchase water contract; 30 TAC §290.46(f)(2), by failing to provide water system records to be reviewed at the time of the investigation; 30 TAC §290.46(n)(2), by failing to maintain and make available an up-to-date map of the distribution system; and 30 TAC §290.42(l), by failing to provide an up-to-date and thorough plant operations manual for operator review and reference; PENALTY: $787; ENFORCEMENT COORDINATOR: Thomas Barnett, (713) 767-3500; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(17) COMPANY: Texas Westmoreland Coal Co.; DOCKET NUMBER: 2007-0660-IWD-E; IDENTIFIER: RN101610749; LOCATION: Leon, Limestone, and Freestone Counties, Texas; TYPE OF FACILITY: lignite surface mine; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 02653, Effluent Limitations and Monitoring Requirements Number 1 for Outfall 104A and Outfall 001A, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; PENALTY: $10,625; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(18) COMPANY: Trigeant, Ltd.; DOCKET NUMBER: 2007-0806-IWD-E; IDENTIFIER: RN100214188; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0002720000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $2,220; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(19) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2007-0604-AIR-E; IDENTIFIER: RN100219310; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.615(2), Standard Permit Number 50232, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §116.115(c), Air Permit Number 2501A, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $46,150; Supplemental Environmental Project (SEP) offset amount of $23,075 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(20) COMPANY: Bill Mayhew dba Wood Trail Water Supply; DOCKET NUMBER: 2007-0881-PWS-E; IDENTIFIER: RN101244523; LOCATION: Kerr County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of two gallons per minute per connection; 30 TAC §290.45(b)(1)(C)(iv) and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection; and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay all annual and late public health service fees; PENALTY: $312; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(21) COMPANY: Mohammad Amin dba ZP Mart; DOCKET NUMBER: 2007-0333-PWS-E; IDENTIFIER: RN102038924; LOCATION: Cleveland, Montgomery County, Texas; TYPE OF FACILITY: convenience store with public water supply; RULE VIOLATED: 30 TAC §290.110(c)(5)(A), by failing to monitor the disinfectant residual at representative locations in the distribution system; 30 TAC §290.41(c)(3)(O), by failing to protect completed well units with intruder-resistant fences; 30 TAC §290.39(e)(1), by failing to submit water system plans and specifications prepared by a licensed, professional engineer; 30 TAC §290.46(n)(3), by failing to maintain copies of well completion data; and 30 TAC §290.121(a), by failing to develop an up-to-date chemical and microbiological monitoring plan; PENALTY: $825; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
TRD-200703413
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 7, 2007
The Texas Commission on Environmental Quality (TCEQ) proposes to amend and renew a general permit (TCEQ Permit No. WQG200000) authorizing the disposal of wastewater generated by manure compost operations adjacent to water in the state. The proposed general permit applies to the entire state of Texas. General permits are authorized by §26.040 of the Texas Water Code.
PROPOSED GENERAL PERMIT. The Executive Director has prepared a draft amendment with renewal of an existing general permit that authorizes the disposal of wastewater generated by manure compost operations. The permit amendment is to revise buffer zone requirements for retention ponds. The Executive Director proposes to require regulated facilities to submit a Notice of Intent (NOI) to obtain authorization for disposal.
The Executive Director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council (CCC) regulations, and has determined that the action is consistent with applicable CMP goals and policies.
A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ's Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's sixteen (16) regional offices and on the TCEQ website at http://www.tceq.state.tx.us/permitting/water_quality/wastewater/general/WQ_general_permits.html.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting about this proposed general permit. The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit. Generally, the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a local legislator. A public meeting is not a contested case hearing.
Written public comments must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date this notice is published in the Texas Register.
APPROVAL PROCESS. After the comment period, the Executive Director will consider all the public comments and prepare a written response. The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled Commission meeting when the Commission will consider approval of the general permit. The Commission will consider all public comment in making its decision and will either adopt the Executive Director's response or prepare its own response. The Commission will issue its written response on the general permit at the same time the Commission issues or denies the general permit. A copy of any issued general permit and response to comments will be made available to the public for inspection at the agency's Austin and regional offices. A notice of the Commission's action on the proposed general permit and a copy of its response to comments will be mailed to each person who made a comment. Also, a notice of the Commission's action on the proposed general permit and the text of its response to comments will be published in the Texas Register.
MAILING LISTS. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific general permit; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address above. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.
INFORMATION. If you need more information about this general permit or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at: www.tceq.state.tx.us.
Further information may also be obtained by calling the TCEQ's Water Quality Division, Industrial Permits Team, at (512) 239-4671.
Si desea información en Español, puede llamar 1-800-687-4040.
TRD-200703415
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 7, 2007
The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity for public comment and a notice and comment hearing (hearing) on rescission of the Bulk Fuel Terminal General Operating Permit (GOP) Number 515 and Site-Wide GOP Number 516. In accordance with Title 30 Texas Administrative Code Chapter 122, Subchapter F, General Operating Permits, if a GOP is rescinded and not replaced, authorizations to operate under the GOP are revoked and any permit holder authorized under the GOP must apply for another operating permit no later than the date the GOP is rescinded. However, GOP Numbers 515 and 516 were last revised in February 2004 with revisions to qualification criteria requiring all permit holders authorized to operate under GOP Number 515 or GOP Number 516 to submit a site operating permit (SOP) application by September 1, 2004. The executive director has determined that affected permit holders previously operating under GOP Number 516 have submitted the required application and the resulting SOPs have been issued. Hence, all authorizations to operate under GOP Number 516 have been voided. In addition, GOPs are required to be renewed at least every five years. GOP Number 515 expired in October 2006 and was not renewed. Hence, no permit holders should currently be authorized to operate under GOP Numbers 515 or 516. The executive director is, therefore, proposing to rescind GOP Numbers 515 and 516.
The GOP rescissions are subject to a 30-day comment period. During the comment period, any person may submit written comments on the GOP rescissions. A hearing will be held in Austin on September 18, 2007, at 2:00 p.m. in Room 131E of TCEQ, Building C, located at 12100 Park 35 Circle, Austin, Texas. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TCEQ staff member will be available to discuss the GOP rescissions 30 minutes prior to the hearing and will also be available to answer questions after the hearing.
Information relating to the GOP rescissions may be obtained from the TCEQ Web site at http://www.tceq.state.tx.us/permitting/air/nav/air_genoppermits.html or by contacting the TCEQ Office of Permitting, Remediation, and Registration, Air Permits Division at (512) 239-1250. Si desea información en Español, puede llamar al (800) 687-4040.
Written comments may be mailed to Ms. Tara Capobianco, Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division, MC-163, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-1070. All comments should reference the GOP rescissions. Comments must be received by 5:00 p.m., September 24, 2007. For further information, contact Ms. Capobianco at (512) 239-1117.
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Ms. Capobianco at (512) 239-1117. Requests should be made as far in advance as possible.
TRD-200703434
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: August 7, 2007
The following notices were issued on August 2, 2007.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to TCEQ, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
ALDINE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 12070-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 63,000 gallons per day. The facility is located on school property at 14910 Aldine Westfield Road in the City of Houston in Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 412 has applied for a renewal of TPDES Permit No. WQ0014527001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 640,000 gallons per day. The facility is located approximately 1.8 miles southeast of the intersection of Will Clayton Parkway and Timber Forest Drive in Harris County, Texas.
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.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about 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-200703447
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 8, 2007
Notice of Public Hearing on Proposed Medicaid Payment Rates
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on September 4, 2007, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for the 2007 annual procedure codes relating to physician-administered drugs and biologicals and Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) listed below. These changes are part of the annual review of the procedure codes under the Healthcare Common Procedure Coding System (HCPCS). The public hearing will be held in the Big Bend Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code, §32.0282, and Texas Administrative Code (TAC), Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. The proposed payment rates for the physician-administered drugs and biologicals and DMEPOS procedure codes are included in the table that follows this notice. The proposed payment rates will be retroactively effective to January 1, 2007. All claims submitted on or after January 1, 2007, will be reprocessed.
Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8021(c), which addresses reimbursement for durable medical equipment (DME) and expendable medical supplies; 1 TAC §355.8085, which addresses the Reimbursement Rates for Physicians and Certain Other Practitioners; 1 TAC §355.8441 (9) - (10), which addresses reimbursement to Texas Health Steps (THSteps) providers for immunizations and vaccines; and the specific fee guidelines published in Section 2.2.1.2 of the 2007 Texas Medicaid Provider Procedures Manual. Rule §355.8085 requires HHSC to review the fees for individual services at least every two years.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after August 17, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
*Required Notice: The five character codes included in this notice are obtained from the Current Procedural Terminology (CPT®), copyright 2006 by the American Medical Association (AMA). CPT is developed by the AMA as a listing of descriptive terms and five character identifying codes and modifiers for reporting medical services and procedures performed by physicians. The responsibility for the content of this notice is with HHSC, and no endorsement by the AMA is intended or should be implied. The AMA disclaims responsibility for any consequences or liability attributable or related to any use, nonuse, or interpretation of information contained in this notice. Fee schedules, relative value units, conversion factors, and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. Any use of CPT outside of this notice should refer to the most recent Current Procedural Terminology, which contains the complete and most current listing of CPT codes and descriptive terms. Applicable FARS/DFARS apply. CPT is a registered trademark of the American Medical Association.
Figure: Proposed Medicaid Payment Rates
TRD-200703411
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 7, 2007
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on September 4, 2007, at 3:00 p.m. to receive public comment on the proposed Medicaid payment rates for a sign language interpreter procedure code resulting from House Bill 3235, 79th Legislature, Regular Session, 2005, relating to providing interpreter services to certain recipients of medical assistance or their parents or guardians. The public hearing will be held in the Big Bend Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. The proposed payment rates will be retroactively effective September 1, 2007. The proposed rates are as follows:
Figure: Proposed Medicaid Payment Rates
Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners, and the specific fee guidelines published in Section 2.2.1.2 of the 2007 Texas Medicaid Provider Procedures Manual. Rule 355.8085 requires HHSC to review the fees for individual services at least every two years.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after August 17, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
*Required Notice: The five character codes included in this notice are obtained from the Current Procedural Terminology (CPT®), copyright 2006 by the American Medical Association (AMA). CPT is developed by the AMA as a listing of descriptive terms and five character identifying codes and modifiers for reporting medical services and procedures performed by physicians. The responsibility for the content of this notice is with HHSC and no endorsement by the AMA is intended or should be implied. The AMA disclaims responsibility for any consequences or liability attributable or related to any use, nonuse or interpretation of information contained in this notice. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. Any use of CPT outside of this notice should refer to the most recent Current Procedural Terminology, which contains the complete and most current listing of CPT codes and descriptive terms. Applicable FARS/DFARS apply. CPT is a registered trademark of the American Medical Association.
TRD-200703457
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 8, 2007
The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendment 19 to the Texas State Plan for the State Children's Health Insurance Program (SCHIP) under Title XXI of the Social Security Act. The proposed effective date of this amendment is September 1, 2007.
This amendment implements the changes made to Texas CHIP dental benefits due to provider rate increases. This amendment increases the amount of preventive and therapeutic dental benefits enrollees receive. Currently, all enrollees receive up to $175 in preventive services during their coverage period. The CHIP dental benefits consist of three tiers, with the following limits within a 12-month period as follows: (1) enrollees in Tier I receive up to $200 in therapeutic services; (2) enrollees in Tier II receive up to $300 in therapeutic services; and (3) enrollees in Tier III receive up to $400 in therapeutic services. All enrollees will receive up to $250 in preventive services during their 12-month coverage period. The amount of therapeutic services for enrollees will change as follows: (1) enrollees in Tier I will receive up to $280; (2) enrollees in Tier II will receive up to $425; and (3) enrollees in Tier III will receive up to $565 during their 12-month coverage period.
HHSC anticipates that the proposed amendment to the state plan will result in annual aggregate spending of approximately $22,704,673 for federal fiscal year (FFY) 2008, with approximately $16,435,913 in federal funds and approximately $6,268,760 in state general revenue, and annual aggregate spending of approximately $26,458,149 for FFY 2009, with approximately $19,126,596 in federal funds and approximately $7,331,553 in state general revenue.
For additional information, please contact Kendra Sippel in the Acute Care Policy Development unit for the Medicaid and CHIP Division by telephone at (512) 491-5594 or by e-mail at kendra.sippel@hhsc.state.tx.us.
TRD-200703383
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 3, 2007
The Texas Health and Human Services Commission announces its intent to submit Amendment 765, Transmittal Number TX 07-0066, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2007.
The amendment eliminates the 2.5 percent payment reduction for Medicaid services delivered by physicians and certain other practitioners that was implemented effective September 1, 2003. The 2.5 percent payment reduction was implemented as a result of the 2004-05 General Appropriations Act (Article II, Special Provisions, Section 28, H.B. 1, 78th Legislature, Regular Session, 2003) and Section 2.03 of H.B. 2292, 78th Texas Legislature, Regular Session, 2003. A 2.5 percent payment reduction factor was applied to Medicaid rates for Medicaid professional services at the end of the claims payment process, as the last step before calculating the actual payment. The elimination of the 2.5 percent payment reduction is a result of increased appropriations under the 2008-09 General Appropriations Act (Article II, Special Provisions, Section 57(a)(3)(i), H.B. 1, 80th Texas Legislature, Regular Session, 2007).
The amendment also eliminates high-volume provider payments for physicians and certain other practitioners effective September 1, 2007. High-volume payments for physicians and certain other practitioners were effective January 18, 2002, as a result of increased appropriations from the 2002-03 General Appropriations Act (Article II, Special Provisions, Section 29, S.B. 1, 77th Legislature, Regular Session, 2001). The elimination of the high-volume provider payments is the result of the 80th Legislature not continuing the funding for these payments; rather, those general revenue funds were redistributed for other provider rate increases. There is no fiscal impact associated with ending these high-volume provider payments, as the funding will be used for increased rates for services provided.
The amendment also provides general guidelines used when updating Medicaid fees for services provided by physicians and certain other practitioners, including, but not limited to: (1) updating the Medicaid relative value units (RVUs) to those currently in effect for Medicare and multiplying the updated RVUs by the current Medicaid conversion factor to result in an updated resource-based fee (RBF); (2) increasing the Medicaid conversion factor to increase RBFs for which no RVU update is required in order to increase access to services; (3) changing an existing RBF to an access-based fee (ABF) when the RBF methodology does not provide sufficient access to care; and (4) changing an existing ABF to an RBF as appropriate.
The proposed amendment is estimated to result in additional annual aggregate expenditures of $68,573,863 for the remainder of federal fiscal year (FFY) 2007, with approximately $41,679,194 in federal funds and approximately $26,894,669 in state general revenue. For FFY 2008, the estimated additional aggregate expenditures will be $818,296,222, with approximately $495,560,192 in federal funds and approximately $322,736,030 in state general revenue. For FFY 2009, the estimated additional aggregate expenditures will be $877,372,335, with approximately $530,108,365 in federal funds and approximately $347,263,970 in state general revenue.
Interested parties may obtain copies of the proposed amendment or submit written comments by contacting Eileen Kreh, Rate Analyst, by mail at the Rate Analysis Department, by mail at the Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1347; by facsimile at (512) 491-1998; or by e-mail at Eileen.Kreh@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200703410
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 6, 2007
The Texas Health and Human Services Commission announces its intent to submit Amendment 769, Transmittal Number TX 07-010, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2007.
The amendment eliminates the 2.5 percent Medicaid payment reduction for Medicaid services delivered by clinical diagnostic laboratory providers that was implemented effective September 1, 2003. The 2.5 percent payment reduction was implemented as a result of the 2004-05 General Appropriations Act (Article II, Special Provisions, Section 28, H.B. 1, 78th Legislature, Regular Session, 2003) and Section 2.03 of H.B. 2292, 78th Texas Legislature, Regular Session, 2003. A 2.5 percent payment reduction factor was applied to Medicaid rates for Medicaid professional and outpatient facility services at the end of the claims payment process, as the last step before calculation of the actual payment. The elimination of the 2.5 percent payment reduction is a result of increased appropriations under the 2008-09 General Appropriations Act (Article II, Special Provisions, Section 57(a)(3)(i), H.B. 1, 80th Texas Legislature, Regular Session, 2007).
The proposed amendment is estimated to result in additional annual aggregate spending of $294,480 for the remainder of federal fiscal year (FFY) 2007 of which $178,985 is federal expenditures and $115,495 is state general revenue expenditures. For FFY 2008, the estimated additional annual aggregate spending is $3,533,761, of which $2,140,046 is federal expenditures and $1,393,715 is state general revenue expenditures. For FFY 2009, the estimated additional annual aggregate spending is $3,802,327, with $2,297,366 in federal expenditures, and $1,504,961 in state general revenue expenditures.
Interested parties may obtain copies of the proposed amendment or submit written comments by contacting Gary Crane, Rate Analyst, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1361; by facsimile at (512) 491-1998; or by e-mail at Gary.Crane@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200703373
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 2, 2007
The Texas Health and Human Services Commission (HHSC) announces its intent to submit Amendment Number 773, Transmittal Number 07-014, to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed amendment will be effective September 1, 2007.
The proposed amendment will revise the reimbursement methodology and adjust payment rates for non-state operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR). These changes are a result of the 2008-09 General Appropriations Act (Article II, Special Provisions, Section 57, House Bill 1, 80th Legislature, Regular Session, 2007), which appropriated general revenue funds for provider rate increases for the ICF/MR Program. The proposed amendment will delete the reimbursement methodology used prior to the effective date of this amendment and will have the end result of updating the reimbursement methodology to be used effective September 1, 2007.
The current plan language states that, for rates effective June 1, 2007 through August 31, 2009, the total recommended payment rate will be equal to the rates in effect on May 31, 2007 plus 4.77 percent. As a result of deleting this language, non-state operated ICF/MR rates effective September 1, 2007, will be calculated as per the ICF/MR reimbursement methodology described in Attachment 4.19-D, ICF/MR, (X)(B) of the state plan, and rates effective September 1, 2007 will be 7.37 percent above May 31, 2007 rates rather than the 4.77 percent detailed in the current language. As a result of the proposed amendment, payment rates for non-state operated ICF/MRs will increase by an average of 2.6 percent over current payment rates.
The proposed amendment is expected to result in additional annual aggregate expenditures of $813,416 for the remainder of federal fiscal year (FFY) 2007 (September 1, 2007 through September 30, 2007), with approximately $494,394 in federal funds and approximately $319,022 in state general revenue. For FFY 2008, the proposed amendment is estimated to result in additional annual aggregate expenditures of $9,760,972, with approximately $5,911,245 in federal funds and approximately $3,849,727 in state general revenue. For FFY 2009, the proposed amendment is estimated to result in additional annual aggregate expenditures of $9,760,972 with approximately $5,897,579 in federal funds and approximately $3,863,393 in state general revenue.
To obtain additional information or copies of the proposed amendment or to submit written comments, interested parties may contact Pam McDonald by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1373; or by e-mail at pam.mcdonald@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200703439
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 8, 2007
The Texas Health and Human Services Commission announces its intent to submit Amendment 776, Transmittal Number TX 07-017, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2007.
The proposed amendment corrects the current Texas Medicaid State Plan for Early Childhood Intervention (ECI) Developmental Rehabilitation Services (DRS) by removing language citing a 2.5 percent Medicaid payment reduction in the rates for these services. The 2.5 percent Medicaid payment reduction was implemented September 1, 2003, as a result of the 2004-05 General Appropriations Act (Article II, Special Provisions, Section 28, H.B. 1, 78th Legislature, Regular Session, 2003) and Section 2.03 of House Bill 2292, 78th Texas Legislature, Regular Session, 2003. The 2.5 percent Medicaid payment reduction was not applicable to ECI DRS; however, the language was inadvertently added to the Texas Medicaid State Plan.
The proposed amendment will have no fiscal impact to the state or the federal budgets since the payment reduction was never implemented.
Interested parties may obtain copies of the proposed amendment or submit written comments by contacting Barbara Davenport, Policy Analyst, by mail at Policy Development Support, Medicaid and CHIP Division, Texas Health and Human Services Commission, P.O. Box 85200, H-600, Austin, Texas 78708-5200; by telephone at (512) 491-1104; by facsimile at (512) 491-1953; or by e-mail at Barbara.Davenport@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200703372
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 2, 2007
The Texas Health and Human Services Commission announces its intent to submit Amendment 785, Transmittal Number TX 07-026, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2007.
The amendment eliminates the 2.5 percent Medicaid payment reduction factor for Medicaid services delivered by Physician Assistants (PAs) Nurse Practitioners (NPs), Clinical Nurse Specialists (CNSs), and Certified Nurse Midwives (CNMs) that was implemented effective September 1, 2003. The 2.5 percent payment reduction was implemented as a result of the 2004-05 General Appropriations Act (Article II, Special Provisions, Section 28, H.B. 1, 78th Legislature, Regular Session, 2003) and Section 2.03 of H.B. 2292, 78th Texas Legislature, Regular Session, 2003. A 2.5 percent payment reduction factor was applied to Medicaid rates for Medicaid professional and outpatient facility services at the end of the claims payment process, as the last step before calculation of the actual payment. The elimination of the 2.5 percent payment reduction is a result of increased appropriations under the 2008-09 General Appropriations Act (Article II, Special Provisions, Section 57(a)(3)(i), H.B. 1, 80th Texas Legislature, Regular Session, 2007).
The amendment also eliminates high-volume provider payments for NPs, CNSs and CNMs effective September 1, 2007. High-volume payments for NPs, CNSs and CNMs were implemented effective January 18, 2002, as a result of increased appropriations from the 2002-03 General Appropriations Act (Article II, Special Provisions, Section 29, S.B. 1, 77th Legislature, Regular Session, 2001). The elimination of the high-volume provider payments is the result of the 80th Legislature not continuing the funding for these payments; rather, those general revenue funds were redistributed for other provider rate increases. There is no fiscal impact associated with ending these high-volume provider payments, as the funding will be used for increased rates for services provided.
The proposed amendment is estimated to result in additional annual aggregate spending for federal fiscal year (FFY) 2007 of $11,809, of which $7,178 is federal expenditures and $4,631 is state general revenue expenditures. For FFY 2008, the estimated additional annual aggregate expenditures are $150,210, with $90,967 in federal expenditures and $59,243 in state general revenue expenditures. For FFY 2009, the additional annual aggregate expenditures are $161,627, with $97,655 in federal expenditures, and $63,972 in state general revenue expenditures.
Interested parties may obtain copies of the proposed amendment or submit written comments by contacting Gary Crane, Rate Analyst, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1361; by facsimile at (512) 491-1998; or by e-mail at Gary.Crane@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200703388
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 6, 2007
The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 07-035, Amendment Number 794, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2007.
The proposed amendment will adjust payment rates for the Day Activity and Health Services program to reflect the 2008-09 General Appropriations Act (Article IX, Additional Contingency and Other Provisions, Section 19.82, House Bill 1, 80th Legislature, Regular Session, 2007), which appropriated general revenue funds for state fiscal year (SFY) 2008 for provider rate increases for the Day Activity and Health Services Program. As a result of this amendment, payment rates for the Day Activity and Health Services program will increase by an average of 3 percent over payment rates in effect July 31, 2007.
The proposed amendment is estimated to result in additional annual aggregate expenditures of $272,545 for the remainder of federal fiscal year (FFY) 2007 (September 1, 2007, through September 30, 2007), with approximately $165,653 in additional costs in federal funds and approximately $106,892 of additional costs in state general revenue. For FFY 2008, the proposed amendment is estimated to result in additional annual aggregate expenditures of $2,490,741, with approximately $1,508,393 of additional costs in federal funds and approximately $982,348 of additional costs in state general revenue.
To obtain copies of the proposed amendment or to submit written comments, interested parties may contact Pam McDonald by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1373; by facsimile at (512) 491-1998; or by e-mail at pam.mcdonald@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200703402
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 6, 2007
The Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of State Health Services (department), adopted an amendment to 25 TAC §2.1, concerning the Preparedness Coordinating Council. The notice in the August 3, 2007, issue of the Texas Register (32 TexReg 4765) contained an error.
The fifth paragraph under the heading "COMMENTS" stated that no comments were received during the comment period for the rule amendment; however, the preamble should have included the following text:
"One comment was received by Advocacy Incorporated, the Protection and Advocacy System designated for the State of Texas to protect, promote and advance the rights of individuals with disabilities. They commented that they should be represented on the Preparedness Coordinating Council (PCC), as a way to represent individuals with disabilities in planning for emergencies.
"After careful consideration, the department disagrees with the commenter. The rule, as proposed, was revised to enlarge the PCC and to allow maximum flexibility in the appointment of members. Special categories of membership were eliminated as part of this revision. This flexibility is necessary because federal guidelines on how such councils and committees are composed have changed over time, and the department wants to retain the ability to obtain appropriate membership without changing the rule.
"Advocacy Incorporated's suggestion of their inclusion is valid and will be taken into consideration when nominations and selections for the committee are made in the future."
TRD-200703437
Notice is hereby given that the Department of State Health Services issued Agreed Orders to the following registrants:
Ben Taub General Hospital (License #L01303) of Houston. A total penalty of $18,000 shall be paid by registrant for violations of Title 25, Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
METCO (License #L03018) of Houston. A total penalty of $2,750 shall be paid by registrant for violations of Title 25, Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
Wilson Inspection X-Ray Services (License #L04469) of Corpus Christi. A total penalty of $2,500 shall be paid by registrant for violations of Title 25, Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
Reinhart & Associates, Inc. (License #L03189) of Austin. A total penalty of $2,000 shall be probated for six months for violations of Title 25, Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
Spikes Imaging, Inc. (Registration #R27884) of Lubbock. A total penalty of $2,000 shall be paid by registrant for violations of Title 25, Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
Berry GP, Inc. (License #L01575) of Corpus Christi. A total penalty of $1,500 shall be paid by registrant for violations of Title 25, Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
Odessa Regional Hospital, LP (Registration #R04295) of Odessa. A total penalty of $4,000 was paid by registrant for violations of Title 25, Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
Paris Regional Medical Center (Mammography #M00503) of Paris. A total penalty of $8,000 shall be paid by registrant for violations of Title 25, Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
Randolph Family Dental (Registration #R24788) of Universal City. A total penalty of $500 shall be paid by registrant for violations of Title 25, Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, press "1", then press "0", Monday - Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200703382
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Filed: August 3, 2007
Multifamily Housing Revenue Bonds (Residences at Onion Creek) Series 2007
Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Akins High School Cafeteria, 10701 South 1st Street, Austin, Travis County, Texas 78748, at 6:00 p.m. on September 4, 2007, with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Onion Creek Housing Partners, 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: 224-unit multifamily residential rental development to be located approximately 2,500 feet east of the intersection of Interstate Highway 35 and East Slaughter Lane, on the north side of East Slaughter Lane, Travis County, Texas. Upon the issuance of the Bonds, the Development will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Teresa Morales at the Texas Department of Housing and Community Affairs, P.O. Box 13941 Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are invited to contact Teresa Morales in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Teresa Morales prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Teresa Morales at least three days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.
TRD-200703431
Michael G. Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: August 7, 2007
The Texas Department of Housing and Community Affairs (TDHCA) announces the public hearing schedule for the 2008 State of Texas Consolidated Plan One Year Action Plan (OYAP); HOME, HTC and HTF Affordable Housing Needs Score; HOME, HTC and HTF Regional Allocation Formula; Housing Tax Credit (HTC) Qualified Allocation Plan and Rules (QAP); TDHCA Housing Trust Fund (HTF) Rule; Underwriting, Market Analysis, Appraisal, Environmental Site Assessment, Property Condition Assessment, and Reserve for Replacement Rules; Multifamily Bond Program Rules; Compliance Monitoring, Fair Housing, and Administrative Penalties Rules; Texas First Time Homebuyer Program; TDHCA HOME Program Rule; and Providing Current Contact Information to the Department Rule. These hearings were consolidated to provide the public with an opportunity to more effectively provide comment on the Department's policy and planning documents and a variety of its programs. Copies of all relevant documents may be found on the TDHCA website (www.tdhca.state.tx.us) beginning September 10th, 2007. Hearings will be held at the following times and locations:
September 24th, 6:00 p.m. (Monday)
EL PASO
El Paso City Council Chambers
2 Civic Center Plaza, 2nd Floor
El Paso, TX 79901
September 26th, 6:00 p.m. (Wednesday)
HOUSTON
Houston City Hall Annex
901 Bagby St.
Houston, TX 77002
September 28th, 11:00 a.m. (Friday)
LUBBOCK
South Plains Association of Governments
1323 58th Street
Lubbock, TX 79412
October 1st, 11:30 a.m. (Monday)
DALLAS
Dallas Public Library Main, West Room
1515 Young Street
Dallas, TX 75201
October 3rd, 11:00 a.m. (Wednesday)
BROWNSVILLE
Brownsville City Council Chambers
1001 E. Elizabeth Street, 2nd Floor
Brownsville, TX 78521
October 4th, 6:00 p.m. (Thursday)
AUSTIN
Joe C. Thompson Conference Center
2nd Floor, Room 2.110
2405 Dedman Drive
Austin, TX 78713
Individuals who require auxiliary aids or services should contact Gina Esteves, ADA Responsible Employee, at least two days before the scheduled hearing, at (512) 475-3943, or Relay Texas at 1-800-735-2989, so that appropriate arrangements can be made.
Written comment should be addressed to the Texas Department of Housing and Community Affairs, 2008 Rule Comments, P.O. Box 13941, Austin, TX 78711-3941, or by email at 2008rulecomments@tdhca.state.tx.us. For more information on these hearings, please contact TDHCA at (512) 475-3976.
TRD-200703458
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: August 8, 2007
Application for admission to the State of Texas by NATIONAL GUARANTY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Gilbert, Arizona.
Application for admission to the State of Texas by SAFE HARBOR INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Tallahassee, Florida.
Application to change the name of REVIOS REINSURANCE U.S. INC. to SCOR GLOBAL LIFE RE INSURANCE COMPANY OF TEXAS, a foreign life, accident and/or health company. The home office is in Los Angeles, California.
Application for admission to the State of Texas by HERITAGE UNION LIFE INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Phoenix, Arizona.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200703449
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: August 8, 2007
Vacancies on Licensed Court Interpreter Advisory Board
The Texas Department of Licensing and Regulation announces three vacancies on the Licensed Court Interpreter Advisory Board established by Texas Government Code, Chapter 57. The purpose of the Licensed Court Interpreter Advisory Board is to advise the Texas Commission of Licensing and Regulation in adopting rules and designing a licensing examination.
The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of an active district, county, or statutory county court judge who has been a judge for at least the three years preceding the date of appointment; an active court administrator who has been a court administrator for at least the three years preceding the date of appointment; an active attorney who has been a practicing member of the state bar for at least the three years preceding the date of appointment; three active licensed court interpreters; and three public members who are residents of this state. Members serve staggered six-year terms with the terms of one third of the members expiring on February 1, of each odd numbered year. This announcement is for following positions: two active licensed court interpreters; and a public member who is a resident of this state.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department web site 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-200703455
William H. Kuntz
Executive Director
Texas Department of Licensing and Regulation
Filed: August 8, 2007
The Texas Department of Licensing and Regulation announces five vacancies on the Elevator Advisory Board established by Texas Health and Safety Code, Chapter 754. The pertinent rules may be found in 16 TAC §74.65. The purpose of the Elevator Advisory Board is to advise the Texas Commission of Licensing and Regulation on the adoption of appropriate standards for the installation, alteration, operation and inspection of equipment; the status of equipment used by the public in this state; sources of information relating to equipment safety; public awareness programs related to elevator safety, including programs for sellers and buyers of single-family dwellings with elevators, chairlifts, or platform lifts; and any other matter considered relevant by the Commission.
The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of a representative of the insurance industry or a certified elevator inspector; a representative of equipment constructors; a representative of owners or managers of a building having fewer than six stories and having equipment; a representative of owners or managers of a building having six stories or more and having equipment; a representative of independent equipment maintenance companies; a representative of equipment manufacturers; a licensed or registered engineer or architect; a public member; and a public member with a physical disability. Members serve at the will of the Commission. This announcement is for the following positions: a representative of equipment constructors; a representative of owners or managers of a building having fewer than six stories and having equipment; a licensed or registered engineer or architect; a public member; and a public member with a physical disability.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or e-mail advisory.boards@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-200703456
William H. Kuntz
Executive Director
Texas Department of Licensing and Regulation
Filed: August 8, 2007
Notice to Cancel Request for Proposals to Assist in the Monitoring and Development of the North Central Texas Regional Outer Loop/Rail Bypass Study
Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments (NCTCOG) publishes this notice to cancel the Request for Proposals (RFP) to Assist in the Monitoring and Development of the North Central Texas Regional Outer Loop/Rail Bypass Study. The notice of the RFP for this study was originally published in the Texas Register on Friday, August 3, 2007, with responses to the RFP due on Friday, September 14, 2007. At this time, NCTCOG does not anticipate reissuing an RFP for this effort.
TRD-200703452
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: August 8, 2007
This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.
The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from consultant firm (s) to implement the Air Quality Public Awareness Campaign for Refueling Stations Displays. The Air Quality Public Awareness Campaign promotes transportation-related clean air strategies and activities in the Dallas-Fort Worth (DFW) nine-county nonattainment area (including Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties). This Request for Proposals (RFP) is to manage the operations of and activities related to displays at refueling stations, including assistance with developing artwork and messages, selecting locations, placing the displays and routine inspection and upkeep of the displays. This campaign will be a combination of several air quality programs, such as the Air Quality Public Education and Information Program (including Air North Texas and Try Parking It.com), AirCheck Texas and the Regional Smoking Vehicle Program. The purpose of this public awareness campaign is to educate the public on how they can positively impact air quality through everyday actions. Engineering services are not required for this campaign.
Due Date
Proposals must be received no later than 5 p.m., Central Daylight Time, on Friday, September 14, 2007, to Mindy Mize, Principal Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the RFP, contact Therese Bergeon, at (817) 695-9267.
Contract Award Procedures
The firm or individual selected to perform these activities will be recommended by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the CSC's recommendations and, if found acceptable, will issue a contract award.
Regulations
NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.
TRD-200703453
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: August 8, 2007
Notice of Hearing and Opportunity for Public Comment
This is a notice of an opportunity for public comment and a public hearing on Michael Jon Whitley dba Whitley Dozer's application for a Texas Parks and Wildlife Department (TPWD) permit to dredge state-owned sand and gravel from Johnson Creek in Kerr County at locations between State Highway 41 and State Highway 39.
The hearing will be held at 11:00 a.m. on Friday, September 7, 2007 at TPWD Headquarters, 4200 Smith School Rd., Austin, TX 78744.
The hearing is not a contested case hearing under the Administrative Procedure Act.
Written comments must be submitted within 30 days of the publication of this notice in the Texas Register or the newspaper, whichever is later, or at the public hearing.
Submit written comments, questions, or requests to review the application to: Beth Hilliard, TPWD, by mail: 4200 Smith School Rd., Austin, TX 78744; fax (512) 389-4482; or e-mail, beth.hilliard@tpwd.state.tx.us.
TRD-200703428
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: August 7, 2007
Request by Drug Manufacturer for Inclusion of a Drug on List of Narrow Therapeutic Index Drugs
On August 2, 2007, the Texas State Board of Pharmacy received a letter from Wyeth Pharmaceuticals requesting that all formulations of Rapamune7 Oral Solution and Rapamune7 Tablets be placed into consideration for inclusion on the list of narrow therapeutic index drugs.
This notice is posted in compliance with Senate Bill 625.
TRD-200703380
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Filed: August 3, 2007
Texas Public Finance Authority Charter School Finance Corporation Request for Applications Concerning Texas Credit Enhancement Program
Filing Date. August 8, 2007.
Filing Authority. Texas Public Finance Authority Charter School Finance Corporation.
Eligible Applicants. The Texas Public Finance Authority Charter School Finance Corporation (CSFC) is requesting applications from eligible entities to receive credit enhancement for eligible Texas open enrollment charter schools by funding a debt service reserve fund for bonds issued under Chapter 53 of the Texas Education Code. Eligible entities are open-enrollment charter schools that: (1) have earned an academic rating of acceptable or higher for two consecutive years, including 2007; (2) are fiscally sound as determined by a satisfactory rating under the 2007 Financial Integrity Rating System of Texas (FIRST) as adapted for charter schools; and (3) meet other criteria as outlined in the application.
Description. The Texas Credit Enhancement Program (TCEP) received a $10 million grant from the U.S. Department of Education (USDOE) to establish a credit enhancement program for charter schools facilities funding. Approximately $1,300,000 of the grant has not yet been awarded. TCEP is a consortium formed with the Resource Center for Charter Schools, the Texas Public Finance Authority Charter School Finance Corporation (TPFA CSFC), and the Texas Education Agency (TEA). The TPFA CSFC is a non-profit corporation created by the Board of Directors of the Texas Public Finance Authority (TPFA), a state agency, pursuant to §53.351 of the Texas Education Code. TPFA provides administrative and staff support for the CSFC. The CSFC is the entity responsible for awarding access to TCEP grant funds.
Dates of Project. Applications will be due by October 15, 2007, at 5:00 p.m. into the TPFA office at 300 West 15th Street, Suite 411, Austin, Texas 78701.
Prior to submitting the application, the charter schools should work with their financial advisors, bond counsel, and an underwriter to structure their bond issue and prepare preliminary bond documents. These services will not be provided by TCEP.
Project Amount. The TCEP has awarded approximately $8,700,000 of the $10 million grant; and approximately $1,300,000 in grant funds remain to be awarded. The grant funds are to be used to establish reserve funds for charter schools that are issuing municipal bonds to finance the acquisition, construction, repair, or renovation of Texas charter school facilities. Refinancing of facilities debt may be included if it falls within federal program guidelines. The debt service reserve funds will be held in the State treasury solely to provide security for repayment of the bonds. The funds will not be provided directly to the approved charter schools for construction.
Selection Criteria. Applications will be reviewed by consortium staff and approved by the CSFC board. Approved charters will be notified in early 2008.
Requesting the Application. An electronic version of the application will be available on the TPFA website (http://www.tpfa.state.tx.us) approximately August 7, 2007.
Further Information. For additional information, contact: Kim Edwards at kim.edwards@tpfa.state.tx.us; Mary Perry at mary.perry@tea.state.tx.us; or Katie Howell at Katie.howell@charterstexas.org.
TRD-200703441
Kimberly Edwards
Executive Director
Texas Public Finance Authority
Filed: August 8, 2007
Notice of Application for a Certificate to Provide Retail Electric Service
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 30, 2007, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of True Electric, LLC for Retail Electric Provider (REP) Certification, Docket Number 34574, before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 24, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34574.
TRD-200703407
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 6, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 3, 2007, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of En-Touch Systems, Inc. for Retail Electric Provider (REP) Certification, Docket Number 34598 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the geographic area of the Electric Reliability Council of Texas (ERCOT).
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477, no later than August 24, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34598.
TRD-200703414
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 7, 2007
On August 2, 2007, Pac-West Telecomm, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60740. Applicant intends to reflect discontinuation of all services, but does not seek to relinquish its SPCOA at this time.
The Application: Application of Pac-West Telecomm, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 34590.
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 August 22, 2007. 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 34590.
TRD-200703408
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 6, 2007
The staff of the Public Utility Commission of Texas (commission) will hold a workshop, for stakeholders interested in an energy efficiency rulemaking, on Wednesday, August 29, 2007 at 9:30 a.m. to 4:00 p.m. in Hearing Room Gee, 7th floor, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. The workshop will provide an opportunity for stakeholders to discuss the draft rule for implementation of HB 3693 (80th Legislative Session). The draft rule is available on the Public Utility Commission's Interchange under Project Number 33487.
Questions concerning this notice should be referred to Theresa Gross, Electric Division, (512) 936-7367. 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 comments should reference Project Number 33487.
TRD-200703412
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 7, 2007
As required by Texas Government Code, §2254.031 and §2254.028, the Public Utility Commission of Texas (PUCT) provides this notice of amendment of Contract Number 473-07-00311 between Boston Pacific Company, Inc. (Boston Pacific) and the PUCT.
On July 5, 2007, the PUCT and Boston Pacific entered into a contract for major consulting services associated with a review of the acquisition of TXU Corporation (TXU) by Texas Energy Future Holdings Limited Partnership (TEF). The contract for these services will end on August 31, 2007.
In the RFP, the PUCT advised offerors that the agency might later require the contractor to provide contested case services and described those services. The agency invited, but did not require, proposers to submit pricing for these services. The PUCT has determined that those services are necessary and is amending the contract by adding these services to the Statement of Work and extending the contract's term to the end of the contested case proceedings (currently estimated at December 15, 2007). Costs for these additional services are not to exceed $200,000.
For further information on Project Number 34288, contact:
Leticia E. Flores
Director of General Law
(512) 936-7146
leticia.flores@puc.state.tx.us
TRD-200703375
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 2, 2007
Notice is given to the public of AT&T Texas's application filed with the Public Utility Commission of Texas (commission) on July 23, 2007, to withdraw services pursuant to P.U.C. Substantive Rule §26.208.
Docket Title and Number: Application of AT&T Texas to Withdraw Bill Plus Service; Docket Number 34553.
The Application: AT&T Texas (AT&T Texas) filed an application to withdraw Bill Plus Service. AT&T proposes to discontinue AT&T Bill Plus CD analysis tool effective December 30, 2007. AT&T intends to offer two alternatives: the web based AT&T's Business Direct eBill and the AT&T Connections CD, which provide much of the functionality of the Bill Plus CD product.
Persons wishing to comment on this application should contact the Public Utility Commission of Texas, by September 17, 2007, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free 1-800-735-2989. All correspondence should refer to Docket Number 34553.
TRD-200703451
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 8, 2007
Notice is given to the public of the 2007 annual compliance affidavit proceeding initiated by the Public Utility Commission of Texas for eligible telecommunications providers (ETP) to attest to the proper use of Texas universal service funds.
Project Title and Number: Annual Compliance Affidavit Attesting to Proper Use of Texas Universal Service Fund Pursuant to PURA §56.030. Project Number 32567.
The Public Utility Commission of Texas (commission) initiated this proceeding pursuant to Public Utility Regulatory Act (PURA) §56.030 and P.U.C. Substantive Rule §26.417. PURA §56.030 requires that on or before September 1 of each year, a telecommunications provider that receives disbursements from the TUSF file with the commission an affidavit certifying that the telecommunications provider complies with the requirements for receiving money from the TUSF and requirements regarding the use of money from TUSF program for which the telecommunications provider receives disbursements.
This certification requirement applies to every ETP receiving support from the TUSF. In accordance with PURA §56.030 and P.U.C. Substantive Rule §26.417, each ETP receiving TUSF support must file with the commission a sworn affidavit (using the commission prescribed form) certifying that the provider complies with the requirements for receiving money from the TUSF and the requirements regarding the use of money from each TUSF program for which the provider receives funds.
Therefore, on or before September 1, 2007, carriers designated as ETPs should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989. Persons contacting the commission regarding this certification proceeding should refer to Project Number 32567.
TRD-200703405
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 6, 2007
The Public Utility Commission of Texas (commission) will hold a workshop regarding the data request for the Scope of Competition in Telecommunications Markets of Texas - 2007 Interim Data Processing on Friday, September 7, 2007, at 9:00 a.m. in Hearing Room Gee, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. At this workshop, commission staff will discuss the filing requirements for all certificated telecommunication utilities (CTUs), review the various forms to be filed, answer questions regarding the proper completion of the data request forms, explain the filing of confidential documents pursuant to the P.U.C. Procedural Rules, and discuss other relevant matters. The workshop is expected to conclude at noon. Project Number 34434 has been assigned to this project.
This workshop is intended to be informational only. Commission staff will not discuss or entertain questions regarding any substantive changes or additions to the forms.
Questions concerning the workshop or this notice should be referred to Rick Talbot at (512) 936-7257 or Bryan Kelly at (512) 936-7216.
TRD-200703450
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 8, 2007
The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding a new rulemaking proceeding that will address the selection of Transmission Service Providers (TSPs) for Competitive Renewable Energy Zones (CREZs) and other special projects on Tuesday, August 28, 2007 at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 34560, Rulemaking Proceeding to Amend P.U.C. Substantive Rules Relating to Selection of Transmission Service Providers Related to Competitive Renewable Energy Zones and other Special Projects , has been established for this proceeding. No later than ten days prior to the workshop, a summary of the scope of the rulemaking and questions for discussion at the workshop will be filed in the Interchange and posted on the commission's website.
Questions concerning the workshop or this notice should be referred to Sean Farrell, Attorney, Legal Division at (512) 936-7290. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200703406
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 6, 2007
The Texas Residential Construction Commission's Advisory Committee on Warranties and Building and Performance Standards plans to meet on Wednesday, September 12, 2007 at 1:30 p.m. in the commission's hearing room at 311 E. 14th St., Suite 200, Austin, Texas. If you plan to attend and need, require auxiliary aids, services or materials in an alternate format, please contact the Texas Residential Construction Commission at least five (5) working days prior to the meeting date. Phone: (512) 463-1040, FAX: (512) 463-9507, E-MAIL: dora.rivera@trcc.state.tx.us. TDD Relay Texas: 1-800-relay-VV (for voice), 1-800-TX (for TDD).
Interested persons who have suggestions for amending the warranties and building and performance standards adopted by the commission pursuant to Title 16 of the Property Code must submit those suggestions in writing to the commission by the close of business Tuesday, September 4, 2007. The adopted warranties and building and performance standards can be located with the commission's adopted rules Chapter 304, which are on the commission's website at www.trcc.state.tx.us/Rules. The rules can also be located on the Secretary of State's website www.sos.state.tx.us under Texas Administrative Code, Title 10, Chapter 304.
Mail comments to "Standards Advisory Committee c/o Texas Residential Construction Commission, P.O. Box 13144, Austin, TX 78711-3144" or send comments electronically to comments@trcc.state.tx.us. Comments sent electronically must have "Standards Advisory Committee" in the subject line or they may not be considered. Comments should be organized consistent with the organization of the rules. Comments not received by 5 p.m. on Tuesday, September 4, 2007, will not be considered at the September 12, 2007 meeting.
TRD-200703438
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: August 7, 2007
Notice of Consultant Contract Availability
This request for consulting services is filed under the provisions of the Government Code, Chapter 2254.
PURPOSE: Stephen F. Austin State University (SFA or University) is seeking a contractor to plan, design, and prepare complete digital files for use in fabrication of wayside exhibit panels for the Pineywoods Nature Center and the Trail Between the Lakes to include design, art, production of digital "camera-ready" files to meet fabrication specifications for outdoor quality, phenolic resin panels. Contractor will also be responsible for having the signs fabricated and shipped to the University; the University will install the signs. Concept planning will include working with SFA to develop the thematic message for each panel and developing a unifying visual theme that creates a cohesive system of wayside signage based on logo, theme, color, and style. Contractor shall provide an artist to develop drawings for some panels and may be responsible to take the photographs where appropriate for other panels. The University is initially considering approximately 20 panels.
SELECTION CRITERIA: Since the University has received some initial guidance from Interpretive Communications, it is the University's intent to award the contract to Interpretive Communications unless a better offer is received. Evaluation will be made by the Coordinator of the Arboretum Education Program and a Forestry Professor based on evidence of the applicant's knowledge and experience in performing the specified services and costs. Interested parties must submit proposal with the following information: experience, qualifications, and cost for services to be provided.
CONTRACT COST: The contract amount is not to exceed $50,000.
DEADLINES & CONTACT INFORMATION: Proposals must be received in the Office of the Director of Purchasing, P.O. Box 13030, 2124 Wilson Drive, Nacogdoches, TX 75962 by August 20, 2007. For further information, contact Elyce Rodewald, (936) 468-1832, erodewald@sfasu.edu.
TRD-200703433
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: August 7, 2007
RFP 07-0022 Heat and Power Generation Financial Analysis
Texas A&M University is accepting proposals and intends to enter into an Agreement with a Financial Consultant Firm to conduct a financial analysis in conjunction with an engineering analysis (by others) to compare the viability, cost, and risk associated with various options to generate and/or procure electrical power and thermal energy at Texas A&M University in College Station. The project deliverables shall include an audit report to be followed with presentations of the results. The report shall verify the accuracy of the data provided by the engineering firm and the assumptions made.
Information may be obtained by contacting: Jeff Zimmermann, A.P.P., Senior Buyer, Dept. of Strategic Sourcing & Purchasing Services, Texas A&M University, P.O. Box 30013, College Station, Texas 77842-3013 or e-mail at j-zimmermann@tamu.edu.
Selection criteria will include methodology, qualifications, references, and cost. Proposals must be received on or before 2:00 p.m. CDT on August 31, 2007.
TRD-200703369
Vickie Burt Spillers
Executive Secretary to the Board
Texas A&M University System Board of Regents
Filed: August 1, 2007
Request for Proposal for Aviation Architectural/Engineering Services
The City of Grand Prairie, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional architectural/engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation architectural/engineering design services described below:
Current Project: TxDOT CSJ No. 08TBGNDPR. Scope: Provide architectural/engineering services to design new airport terminal building at Grand Prairie Municipal Airport.
The HUB goal is set at 5%. TxDOT Project Manager is John Greer, P. E.
To assist in your proposal preparation, the most recent Airport Layout Plan, 5010 drawing, and the criteria are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting Grand Prairie Municipal Airport. The proposal should address a technical approach for the current scope. Firms shall use page 4, Recent Airport Experience, to list relevant past projects.
Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Professional Architectural/Engineering Services Proposal". The form may be requested from TxDOT Aviation Division, 125 East 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 at www.dot.state.tx.us/services/aviation/consultant.htm . 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 a PDF Template.
Please note:
Five completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than September 7, 2007, 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 Edie Stimach.
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 architectural/engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.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 Edie Stimach, Grant Manager at 1-800-68-PILOT at extension 4518. For technical questions, please contact John Greer, at 1-800-68-PILOT at extension 4528.
TRD-200703432
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: August 7, 2007
Notice of Intent to Amend Consulting Contract
The University of North Texas System ("UNT System") intends to amend a contract for consulting services related to federal government relations. The consulting services are being provided by Congressional Solutions, Inc. under a contract with a term beginning May 17, 2005, and ending August 31, 2008.
At this time it is necessary for UNT System to amend its contract with Congressional Solutions, Inc. Additional compensation up to the amount of $90,000.00 will be necessary to compensate consultant for work during the next 12 month period related to additional services that were not anticipated when the original contract was executed.
As required by Chapter 2254 of the Texas Government Code, prior to amending its contract with Congressional Solutions, Inc., UNT System is posting this Notice of Intent to Amend Consulting Contract, and hereby extends this invitation to qualified and experienced consultants interested in providing the consulting services described in this notice.
Scope of Work:
The federal government relations consulting firm will provide services to UNT System in connection with research objectives and strategies in presenting opportunities to utilize the available resources of the University of North Texas - Center for Advanced Research and Technology.
How to Respond; Submittal Deadline:
To respond to this invitation, consultants must submit the information requested in the Specifications section of this invitation and any other relevant information in a clear and concise written format to: Carrie Stoeckert, Assistant Director for Bids and Contracts, University of North Texas System, P.O. Box 310499, Denton, TX 76203 (2310 North Interstate 35-E, Denton, TX 76201). Offers must be submitted in an envelope or other appropriate container and the name and return address of the consultant must be clearly visible. All offers must be received at the above address no later than 2:00 p.m., CST, September 17, 2007. Submissions received after the submittal deadline will not be considered.
Specifications:
Any consultant submitting an offer in response to this invitation must provide the following: (1) the consultant's legal name, type of entity (individual, partnership, corporation, etc.), and address; (2) background information regarding the consultant, including the number of years in business and the number of employees; (3) information regarding the qualifications, education, and experience of the team members proposed to conduct the requested services; (4) the monthly fee to be charged for providing the services and any applicable hourly rate for any team member providing services; (5) the earliest date by which the consultant could begin providing the services; (6) a list of five client references, including any complex institutions or systems of higher education for which the consultant has provided similar consulting services; (7) a statement of the consultant's approach to providing the services described in the Scope of Work section of this invitation, any unique benefits the consultant offers UNT System, and any other information the consultant desires UNT System to consider in connection with the consultant's offer; (8) information to assist UNT System in assessing the consultant's demonstrated competence and experience providing consulting services similar to the services requested in this invitation; (9) information to assist UNT System in assessing the consultant's experience performing the requested services for other complex institutions or systems of higher education; (10) information to assist UNT System in assessing whether the consultant will have any conflicts of interest in performing the requested services; (11) information to assist UNT System in assessing the overall cost to UNT System; and (12) information to assist UNT System in assessing the consultant's capability and financial resources to perform the requested services.
Selection Process:
The consulting services sought herein relate to consulting services currently provided to UNT System by Congressional Solutions, Inc. UNT System intends to amend its contract with Congressional Solutions, Inc. unless a better offer, as determined by UNT System in its sole discretion, is received in response to this invitation.
The successful offer must be submitted in response to this invitation no later than the submittal deadline and will be the offer that is the most advantageous to UNT System in UNT System's sole discretion. Offers will be evaluated by UNT System and member institution personnel. The evaluation of offers and the selection of the successful offer will be based on information provided to UNT System by the consultant in response to the Specifications section of this invitation. Consideration may also be given to any additional information and comments if such information or comments increase the benefits to UNT System. The successful consultant will be required to enter into a contract acceptable to UNT System.
Finding by Chancellor:
The Chancellor of UNT System finds that the consulting services are necessary because UNT System does not have the specialized experience or the staff resources available to present opportunities to utilize the available resources of the University of North Texas - Center for Advanced Research and Technology. UNT System believes that such expert consulting services will be cost effective by increasing research opportunities and expanding federal investment in research, teaching, and related programs in Texas throughout UNT System's member institutions.
Questions:
Questions concerning this invitation should be directed to: Carrie Stoeckert, Assistant Director for Bids and Contracts, University of North Texas System, P.O. Box 310499, Denton, TX 76203 (2310 North Interstate 35-E, Denton, TX 76201). UNT System may in its sole discretion respond in writing to questions concerning this invitation. Only UNT System's responses made by formal written addenda to this invitation shall be binding. Oral or other written interpretations or clarifications shall be without legal effect.
TRD-200703440
Randall J. Saxon
Director of Purchasing and Payments Services
University of North Texas System
Filed: August 8, 2007