Texas Building and Procurement Commission
Request for Proposals
The Texas Building and Procurement Commission (TBPC), on behalf of the
Department of Family and Protective Services, announces the issuance of Request
for Proposals (RFP) #303-7-10912. TBPC seeks a five year lease of approximately
5,248 square feet of office space in Lockhart, Caldwell County, Texas.
The deadline for questions is January 8, 2007 and the deadline for proposals
is January 17, 2007 at 3:00 p.m. The award date is February 1, 2007. TBPC
reserves the right to accept or reject any or all proposals submitted. TBPC
is under no legal or other obligation to execute a lease on the basis of this
notice or the distribution of a RFP. Neither this notice nor the RFP commits
TBPC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting
TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded
from the Electronic State Business Daily at
http://esbd.tbpc.state.tx.us/bid_show.cfm?bidid=68562
.
TRD-200606899
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: December 27, 2006
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §§303.003,
303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of January 1, 2007 - January 7, 2007 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of January 1, 2007 - January 7, 2007 is 18% for Commercial over
$250,000.
The monthly ceiling as prescribed by §303.005
3
for the period of January 1, 2007 - January 31, 2007 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by §303.005 for the period of January
1, 2007 - January 31, 2007 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-200606898
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: December 27, 2006
Request for Applications Concerning Texas High Schools that Work Enhanced Design Network Grants, Cycle 2
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-07-105 from eligible school districts
or open-enrollment charter schools. A school district or open-enrollment charter
school may apply on behalf of an eligible campus, which includes: (1) a campus
serving students in Grades 9 - 12 (A campus serving Grade 9 or Grades 9 -
10 may combine with a senior high school campus to submit one application
on behalf of both campuses.); (2) a campus that is not a Disciplinary Alternative
Education Program campus or a Juvenile Justice Alternative Education Program
campus; (3) a campus that is not a recipient of: (a) a Texas High School Redesign
and Restructuring Grant, Cycle 1, Cycle 2, or Cycle 3; (b) a Comprehensive
School Reform (CSR)--Texas High School Initiative grant; (c) an Early College
High School grant; (d) a Middle College/Early College High School Expansion
grant; (e) a Texas Science, Technology, Engineering, and Math (T-STEM) Academy
Startup or Implementation grant; or (f) a Redesign, Early College High School,
or T-STEM grant from the Communities Foundation of Texas or the Bill and Melinda
Gates Foundation; (4) a campus that is not a recipient of a 2006-2008 Texas
High Schools That Work Enhanced Design Network Program grant (SAS-A432-06);
and (5) a campus either: (a) within a district with a Stage 3 or Stage 4 intervention
level for Career and Technology Education under the 2006-2007 TEA Performance-Based
Monitoring System; (b) with a final rating of
Academically
Unacceptable
in 2006 under the state accountability rating system;
or (c) that participated as an official member of the High Schools That Work
(HSTW) statewide network during the 2005-2006 school year.
A school district or open-enrollment charter school applying for this grant
must be financially viable as determined through fiscal review by the TEA
Division of Financial Audits. Additionally, to maintain eligibility for this
grant, both the school district or open-enrollment charter school and the
campus under the school district or open-enrollment charter school must be
in compliance with all intervention requirements as established by the TEA
Division of Program Monitoring and Interventions. An open-enrollment charter
high school campus shall become ineligible for grant funding (or if a campus
has applied for and received funding for this grant, will have its grant funding
placed on hold) if the commissioner of education notifies the campus' charter
holder of the commissioner's intent to revoke or non-renew such charter under
Texas Education Code (TEC), Chapter 12, or to close the campus under TEC,
Chapter 39, for any of the reasons set forth in either statutory provision.
If the commissioner of education ultimately revokes or denies renewal of an
open-enrollment charter or closes a campus that has been awarded funds under
this grant program, grant funding shall be discontinued.
Description. The purpose of the Texas High Schools That Work Enhanced Design
Network Grants, Cycle 2, is to support under-performing high schools in the
use of the HSTW school improvement design as a framework to improve academic
and career/technology instruction and overall student achievement. The primary
goal of this grant program is for high schools to implement the following
HSTW key design principles: (1) a challenging curriculum for all high school
students, including four credits of mathematics, four credits in a career/technology
concentration, and four credits in an academic concentration, with at least
one of those credits being Advanced Placement (AP), International Baccalaureate
(IB), or dual credit; (2) schoolwide literacy goals across the curriculum;
(3) intervention strategies for equipping under-prepared students for challenging
high school work; (4) programs to reduce the failure rate at ninth grade;
and (5) links to postsecondary. Applicants will be required to demonstrate
how school district resources, including in-kind resources, will be dedicated
toward the project; how the campus will use the HSTW school improvement consultants
and incorporate identified professional development into their campus improvement
plans; and how the program will be sustained using other funding sources,
including federal, state, local, or private funds, beyond the life of the
project period.
Dates of Project. The Texas High Schools That Work Enhanced Design Network
Grants, Cycle 2, will be implemented during the 2007-2008 and 2008-2009 school
years. Applicants should plan for a starting date of no earlier than May 1,
2007, and an ending date of no later than May 31, 2009.
Project Amount. A total of approximately $900,000 is available for funding
Texas High Schools That Work Enhanced Design Network Grants, Cycle 2. Each
high school campus will receive a maximum of $60,000 to implement HSTW key
design principles. This project is funded 100 percent from general revenue
funds appropriated by Rider 59, General Appropriations Act, 2005.
Selection Criteria. Applications will be selected based on expert reviewers'
assessment of each applicant's ability to carry out all requirements contained
in the RFA. Reviewers will evaluate applications based on the overall quality
and validity of the proposed grant programs and the extent to which the applications
address the primary objectives and intent of the project. Applications must
address each requirement as specified in the RFA to be considered for funding.
The TEA reserves the right to select from the highest-ranking applications
those that address all requirements in the RFA, contain a comprehensive plan
that will fundamentally change and improve the high school campus, and demonstrate
an ability to sustain the changes after the grant period ends.
Technical Assistance. Through the Region 5 Education Service Center (ESC),
the TEA will provide pre-grant support and guidance in the development of
plans that address both campus needs and grant requirements. Through the Region
5 ESC, the TEA will also provide direct training, on-going regional training,
and networking activities to those high school campuses that receive the Texas
High Schools That Work Enhanced Design Network Grants, Cycle 2.
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 #701-07-105 may be obtained
by writing the Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us.
Please refer to the RFA number and title in your request. Provide your name,
complete mailing address, and phone number including area code. The announcement
letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/opge/disc/index.html
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Karen Harmon, Division of Discretionary Grants, TEA, (512) 463-9269. In order
to assure that no prospective applicant may obtain a competitive advantage
because of acquisition of information unknown to other prospective applicants,
any information that is different from or in addition to information provided
in the RFA will be provided only in response to written inquiries. Copies
of all such inquiries and the written answers thereto will be posted on the
TEA website in the format of Frequently Asked Questions (FAQs) at http://www.tea.state.tx.us/opge/disc/index.html.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday,
March 1, 2007, to be considered for funding.
TRD-200700011
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: January 3, 2007
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-07-104 from organizations that qualify
for exemption from federal income tax under the Internal Revenue Code, 501(c)(3),
and that do not distribute net earnings to any private shareholder or other
individual. The organization must serve groups of women or minority group
members who, considering their percentages of the Texas population, are underrepresented
at institutions of higher education in programs of engineering and applied
sciences.
Description. The purpose of this program is to allocate funds to eligible
organizations to establish or operate educational programs. The programs will
support the recruitment of women and members of ethnic minority groups to
assist them in preparing for, or participating in, programs leading to an
undergraduate degree in engineering or applied science from an institution
of higher education. Funding shall also be used to disseminate information
concerning career opportunities in engineering and science, as well as information
about these programs that are funded under Texas Education Code, §§51.601
- 51.608, and Senate Bill 1, General Appropriations Act, Article III, Rider
18, 79th Texas Legislature, 2005.
Dates of Project. The State Engineering and Science Recruitment (SENSR)
grant will be implemented during the 2007-2008 school year. Applicants should
plan for a starting date of no earlier than June 1, 2007, and an ending date
of no later than May 31, 2008.
Project Amount. Funding will be provided for approximately 16 projects.
Each project will receive a maximum of $25,000 for the 2007-2008 school year.
For the first year, this project will distribute a total amount of approximately
$394,920 subject to the availability of funds and approval of the commissioner
of education. Project funding in the second year will be based on satisfactory
progress of the first-year objectives and activities and on budget approval
by the commissioner of education.
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 program and the extent to which
the application addresses the primary objective(s) and intent of the project.
Applications must address each requirement as specified in the RFA to be considered
for funding. Preference shall be given to projects that emphasize the development
of mathematical and scientific competence. Projects in the social sciences
will not be considered. The TEA reserves the right to select from the highest
ranking applications those that would serve the most participants who are
women and underrepresented minority group members in the objectives specified.
Other project quality indicators are specified throughout the RFA. To be approved
for funding, projects offered by eligible organizations must meet the following
guidelines: (1) use professional volunteers at each level of instruction;
(2) require parental involvement; (3) coordinate with public schools' preparation
for scientific and mathematics careers; (4) coordinate with post-secondary
educational institutions; (5) involve organizations of women and minority
group members; (6) provide demonstrated professional leadership in educational
activities for women and minority group members; and (7) be compatible with
state and federal laws governing education.
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 #701-07-104 may be obtained
by writing the Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us.
Please refer to the RFA number and title in your request. Provide your name,
complete mailing address, and phone number including area code. The announcement
letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/opge/disc/index.html
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Kathy Mihalik, Division of Discretionary Grants, Texas Education Agency, (512)
463-7322. In order to assure that no prospective applicant may obtain a competitive
advantage because of acquisition of information unknown to other prospective
applicants, any information that is different from or in addition to information
provided in the RFA will be provided only in response to written inquiries.
Copies of all such inquiries and the written answers thereto will be posted
on the TEA website in the format of Frequently Asked Questions (FAQs) at http://www.tea.state.tx.us/opge/disc/index.html.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central
Time), Tuesday, February 27, 2007, to be eligible to be considered for funding.
TRD-200700012
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: January 3, 2007
Notices of District Petition
Notices issued December 20 and December 21, 2006
TCEQ Internal Control No. 05152006-D02; Texas National Municipal Utility
District of Montgomery County has applied to the Texas Commission on Environmental
Quality (TCEQ) for authority to adopt and impose an annual uniform operations
and maintenance standby fee up to $84 per equivalent single family connection
per year for calendar years 2007-2009, on unimproved property within the District.
Also, the District will allow a maintenance tax rate not exceeding $.75 per
$100 taxable valuation. The application was filed pursuant to Chapter 49 of
the Texas Water Code, 30 Texas Administrative Code Chapter 293, and under
the procedural rules of the TCEQ. The TCEQ may approve the annual standby
fees as requested, or it may approve a lower annual standby fee, but it shall
not approve an annual standby fee greater than the amount requested. The standby
fee is a personal obligation of the person owning the undeveloped property
on January 1 of the year for which the fee is assessed. A person is not relieved
of his pro-rated share of the standby fee obligation on transfer of title
to the property. On January 1 of each year, a lien is attached to the undeveloped
property to secure payment of any standby fee imposed and the interest or
penalty, if any, on the fee. The lien has the same priority as a lien for
taxes of the District. The purpose of standby fees is to distribute a fair
portion of the cost burden for operations and maintenance costs and debt service
of the District facilities to owners of property who have not constructed
vertical improvements but have water, wastewater or drainage facilities or
services available. Any revenues collected from the operations and maintenance
standby fees shall be used to supplement the District's operations and maintenance
account.
TCEQ Internal Control No. 06212006-D01; Northeast Uvalde Partners, Ltd.,
Land Development Company, Ltd., and Sowell Equities-Forestwood, L.P. (Petitioner)
filed a petition for the creation of Harris County Municipal Utility District
No. 421 (District) with the Texas Commission on Environmental Quality (TCEQ).
The petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states the following: (1) the Petitioner is the holder of title to
a majority in value of the land to be included in the proposed District; (2)
RFC Construction Funding Corporation is the only lien holder on the property
to be included in the proposed District, and has signed the petition evidencing
its consent to the creation of the proposed District; (3) the proposed District
will contain approximately 229.978 acres located in Harris County, Texas;
and (4) the proposed District is within the extraterritorial jurisdiction
of the City of Houston, Texas, and no portion of land within the proposed
District is within the corporate limits or extraterritorial jurisdiction of
any other city, town or village in Texas. By Ordinance No. 2004-1276, effective
December 21, 2004, the City of Houston, Texas, gave its consent to the creation
of the proposed District.
TCEQ Internal Control No. 12072006-D05; FRM/MRA Holdings #1, Ltd., (Petitioner)
filed a petition for creation of Harris County Municipal Utility District
No. 424 (District) with the Texas Commission on Environmental Quality (TCEQ).
The petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TCEQ. The
petition states the following: (1) the Petitioner is the owner of a majority
in value of the land to be included in the proposed District; (2) there are
no lien holders on the property to be included in the proposed District, (3)
the proposed District will contain approximately 316.45 acres located within
Harris County, Texas; and (4) the proposed District is within the extraterritorial
jurisdiction of the City of Houston, Texas, and no portion of land within
the proposed District is within the corporate limits or extraterritorial jurisdiction
of any other city, town or village in Texas. By Ordinance No. 2006-339, effective
April 18, 2006, the City of Houston, Texas, gave its consent to the creation
of the proposed District.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on this petition if a written
hearing request is filed within 30 days after the newspaper publication of
this notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the Petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed District's
boundaries. You may also submit your proposed adjustments to the petition.
Requests for a contested case hearing must be submitted in writing to the
Office of the Chief Clerk at the address provided in the information section
below. The Executive Director may approve the petition unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of this notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court. Written hearing requests
should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Districts Review Team, at (512) 239-4691. Si desea información
en Español, puede llamar al (512) 239-0200. General information regarding
TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200606900
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: December 27, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations, the proposed penalty, and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP or requests a hearing and fails to participate at the hearing. Similar
to the procedure followed with respect to Agreed Orders entered into by the
executive director of the commission, in accordance with Texas Water Code
(TWC), §7.075, this notice of the proposed order and the opportunity
to comment is published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
February 12, 2007
.
The commission will consider any written comments received; and the commission
may withdraw or withhold approval of a DO if a comment discloses facts or
considerations that indicate that consent to the proposed DO 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 DO is not required to be published
if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Written comments about the DO should be sent to
the attorney designated for the DO at the commission's central office at P.O.
Box 13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on February 12, 2007
. Comments may also be sent
by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys
are available to discuss the DOs and/or the comment procedure at the listed
phone numbers; however, §7.075 provides that comments on the DOs shall
be submitted to the commission in
writing
.
(1) COMPANY: Alex, Inc. dba Brothers II Cleaners; DOCKET NUMBER: 2006-0908-DCL-E;
TCEQ ID NUMBER: RN100687896; LOCATION: 3939 Boat Club Road, Lake Worth, Tarrant
County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED:
30 TAC §337.11(e) and Texas Health and Safety Code (THSC), §374.102,
by failing to renew the facility's registration by completing and submitting
the required registration form to the TCEQ for a dry cleaning and/or drop
station facility; PENALTY: $955; STAFF ATTORNEY: Mary Hammer, Litigation Division
MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional Office,
2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Ali Bukhari dba Honey Stop and Sue Bukhari dba Honey Stop;
DOCKET NUMBER: 2004-1803-PST-E; TCEQ ID NUMBER: RN102716024; LOCATION: 401
East Avenue, Baytown, Harris County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate financial assurance for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases arising from the operation of petroleum underground
storage tanks (USTs); PENALTY: $1,090; STAFF ATTORNEY: Shannon Strong, Litigation
Division, MC 175, (512) 239-0972; REGIONAL OFFICE: Houston Regional Office,
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Dennis A. Holmes; DOCKET NUMBER: 2006-0265-WTR-E; TCEQ ID
NUMBER: RN103372447; LOCATION: 4525 Brookside Drive, Vidor, Hardin County,
Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §30.381(b)
and THSC, §341.034(a), by failing to operate the facility on a contract
basis without an adequate license or registration issued by the commission;
PENALTY: $313; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512)
239-0063; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: First Gatesville Venture, Inc. dba Amigos 3; DOCKET NUMBER:
2005-1246-PST-E; TCEQ ID NUMBER: RN102357019; LOCATION: 3102 South Presa Street,
San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b),
by failing to provide acceptable financial assurance for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases arising from the operation of petroleum USTs;
and 30 TAC §334.22(a) and Texas Water Code (TWC), §5.702, by failing
to pay UST fees for TCEQ Account No. 0062750U for Fiscal Year 2005; PENALTY:
$3,150; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210)
403-4016; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road,
San Antonio, Texas 78233-4480, (210) 490-3096.
(5) COMPANY: Jim B. Clemons; DOCKET NUMBER: 2006-0470-OSI-E; TCEQ ID NUMBER:
RN103390274; LOCATION: 302 North Scruggs, Corsicana, Navarro County, Texas;
TYPE OF FACILITY: unlicensed on-site sewage facility; RULES VIOLATED: 30 TAC §285.61(1),
TWC, §37.003, and THSC, §366.071(a), by failing to obtain a license
prior to installing an on-site sewage facility; and 30 TAC §285.61(6)
and THSC, §366.004, by failing to meet the minimum criteria for an on-site
sewage facility; PENALTY: $1,125; STAFF ATTORNEY: Shawn Slack, Litigation
Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Kyo M. Chung dba VIP Cleaner; DOCKET NUMBER: 2006-0768-DCL-E;
TCEQ ID NUMBER: RN104097753; LOCATION: 1729 Greenville Avenue, Dallas, Dallas
County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30
TAC §337.11(e) and THSC, §374.102, by failing to renew the facility's
registration by completing and submitting to the TCEQ the required registration
form for a dry cleaning facility; and 30 TAC §337.14(c) and TWC, §5.702,
by failing to pay dry cleaner registration fees and associated late fees for
TCEQ Financial Administration Account No. 24002135 for Fiscal Year 2005; PENALTY:
$1,185; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019;
REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Marti M. Carder dba Pier 57; DOCKET NUMBER: 2005-1683-PWS-E;
TCEQ ID NUMBER: RN104393004; LOCATION: 27446 Farm-to-Market Road 457, Sargent,
Matagorda County, Texas; TYPE OF FACILITY: restaurant with a public water
supply system; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B)
and THSC, §341.033(d), by failing to collect routine water samples for
bacteriological analysis for the months of August and September 2004, and
February 2005, and by failing to post public notification of those sampling
violations; and TWC, §5.702, by failing to pay the Public Health Service
fee for Fiscal Year 2004 for TCEQ Financial Administration Account No. 91610042;
PENALTY: $1,118; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175,
(512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: North Bengal, Inc. dba Dry Clean Super Center; DOCKET NUMBER:
2006-0870-DCL-E; TCEQ ID NUMBER: RN104091012; LOCATION: 1301 North Main Street,
Euless, Tarrant County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES
VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew
the facility's registration by completing and submitting the required registration
form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY:
$1,185; STAFF ATTORNEY: Mary Hammer, Litigation Division MC 175, (512) 239-2496;
REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: OK Concrete Company; DOCKET NUMBER: 2005-1140-AIR-E; TCEQ
ID NUMBER: RN101302479; LOCATION: 319 South Avenue C, Olney, Young County,
Texas; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: THSC, §382.0518(a)
and §382.085(b), by failing to obtain authorization to operate a concrete
batch plant; PENALTY: $1,340,000; STAFF ATTORNEY: Shannon Strong, Litigation
Division, MC 175, (512) 239-0972; REGIONAL OFFICE: Abilene Regional Office,
1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(10) COMPANY: Robert (Bobby) Barton McCans, Jr. dba Aaron Irrigation and
Landscaping Co.; DOCKET NUMBER: 2002-0695-LII-E; TCEQ ID NUMBERS: RN103457198;
LOCATION: 1417 Broke Spoke Court, Fort Worth, Tarrant County, Texas; TYPE
OF FACILITY: landscape irrigation systems; RULES VIOLATED: 30 TAC §§30.5(a)
and (b), 30.125, and 344.4(a); Texas Occupational Code, §1903.251; and
TWC, §37.003 and §37.006, by installing landscape irrigation systems
without a valid license; PENALTY: $3,125; STAFF ATTORNEY: Alfred Oloko, Litigation
Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200700005
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 3, 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 (TWC), §7.075. Section
7.075 requires that, before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
February 12, 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 A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
attorney designated for the AO at the commission's central office at P.O.
Box 13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on February 12, 2007
. Comments may also be sent
by facsimile machine to the attorney at (512) 239-3434. The designated attorney
is available to discuss the AO and/or the comment procedure at the listed
phone number; however, §7.075 provides that comments on an AO shall be
submitted to the commission in
writing
.
(1) COMPANY: Chilton Water Supply and Sewer Service Corporation; DOCKET
NUMBER: 2005-0887-MWD-E; TCEQ ID NUMBER: RN102285814; LOCATION: approximately
0.7 miles east of State Highway 77 and one mile south of the City of Chilton,
Falls County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED:
30 TAC §305.125(1); Texas Water Code (TWC), §26.121(a)(1); and Texas
Pollutant Discharge Elimination System (TPDES) Permit No. 10811-001, Effluent
Limitations and Monitoring Requirements Nos. 1, 2, and 4, Operational Requirements
No. 1 and Permit Conditions No. 2.g., by failing to prevent the discharge
and accumulation of solids in the receiving stream and unauthorized discharges
which occurred around the influent bar screen and aeration basin; 30 TAC §305.125(1)
and (5) and TPDES Permit No. 10811-001, Operational Requirements No. 1, by
failing to ensure that all systems of collection, treatment, and disposal
were properly operated and maintained; 30 TAC §§305.125(1), 319.4,
319.7(a) and (c), and 319.11(b) and TPDES Permit No. 10811-001, Monitoring
and Reporting Requirements Nos. 2, 3.b. and 3.c., by failing to have records
available for review by a TCEQ representative during the investigation; 30
TAC §305.125(1) and (9) and TPDES Permit No. 10811-001, Monitoring and
Reporting Requirements Nos. 7.a. and 7.c., Section III. Requirements Applying
to All Sewage Sludge Disposed in a Municipal Solid Waste Landfill, and Paragraph
G., by failing to report exceedances which deviated from the permitted limit
by greater than 40%, failing to report an unauthorized discharge, and failing
to submit an annual sludge report; and 30 TAC §317.4(a)(8), by failing
to conduct the required annual testing of the drinking water backflow prevention
device; PENALTY: $22,750; STAFF ATTORNEY: Mark Curnutt, Litigation Division,
MC 175, (512) 239-0624; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger
Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(2) COMPANY: Eutemia Medina dba O.A. Gingrich; DOCKET NUMBER: 2002-0488-PST-E;
TCEQ ID NUMBER: 46358; LOCATION: 121 North Vineyard, Sinton, San Patricio
County, Texas; TYPE OF FACILITY: convenience store with four underground storage
tanks, that formerly dispensed gasoline for retail sales; RULES VIOLATED:
30 TAC §37.815(a) and (b), by failing to demonstrate the required financial
assurance for taking corrective action and for compensating third parties
for bodily injury and property damage caused by accidental releases from the
petroleum underground storage tanks (USTs); 30 TAC §334.50(b)(1)(A) and
(2)(A) and TWC, §26.3475, by failing to monitor USTs for releases at
a frequency of at least once per month (not to exceed 35 days between monitoring),
and by failing to monitor the piping connected to the UST system in a manner
designed to detect releases from any portion of the UST piping system; 30
TAC §334.7(d)(3), by failing to amend, update, or change the UST registration
information in order to reflect current operational status within 30 days
of the date on which the owner and/or operator became aware of the change;
30 TAC §334.49(a) and TWC, §26.3475, by failing to provide corrosion
protection for the UST system; and 30 TAC §334.22(a), by failing to pay
the required outstanding annual UST facility fees for Fiscal Years 1994-2001
(UST facility Account No. 0050099U); PENALTY: $7,000; STAFF ATTORNEY: Shawn
Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Corpus
Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas
78412-5503, (361) 825-3100.
(3) COMPANY: General Dynamics OTS (Garland), L.P.; DOCKET NUMBER: 2005-1672-AIR-E;
TCEQ ID NUMBER: RN102660909; LOCATION: 1200 North Glenbrook Drive, Garland,
Dallas County, Texas; TYPE OF FACILITY: ordnance production facility; RULES
VIOLATED: 30 TAC §116.115(b)(2)(F); Texas Health and Safety Code (THSC), §382.085(b);
and New Source Review (NSR) Permit No. 51412, General Condition No. 8, by
failing to comply with permitted Maximum Allowable Emission Rates for the
plaforization system at emission point number 7-PLAF-PRETREAT for volatile
organic compounds; 30 TAC §116.115(b)(2)(E) and (c); THSC, §382.085(b);
NSR Permit No. 51412, General Condition No. 7 and Special Condition Nos. 11B,
C, and D, by failing to maintain records and data to demonstrate compliance
with the permit in a readily available form for TCEQ; 30 TAC §106.433(8)(B),
(8)(C), and (8)(D) and THSC, §382.085(b), by failing to maintain and
make permit by rule (PBR) records for a surface coating facility immediately
available to TCEQ staff; and 30 TAC §106.8(c); THSC, §382.085(b),
by failing to maintain records containing sufficient information to demonstrate
compliance with PBR requirements; PENALTY: $86,775; STAFF ATTORNEY: Kathleen
Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(4) COMPANY: South Texas Chlorine, Inc.; DOCKET NUMBER: 2004-0142-MLM-E;
TCEQ ID NUMBER: RN100843044; LOCATION: 8600 East Harrison, Harlingen, Cameron
County, Texas; TYPE OF FACILITY: chemical repackaging plant; RULES VIOLATED:
30 TAC §116.115(c), THSC, §382.085(b), and NSR Permit No. 21286,
Special Condition No. 8, by failing to properly monitor the concentration
of the scrubbing solution at least once per shift as required by the permit;
30 TAC §116.115(c), THSC, §382.085(b), and NSR Permit No. 21286,
Special Condition No. 25, by failing to maintain the maximum allowed bleach
production limit of 120 batches per year; 30 TAC §116.115(c), THSC, §382.085(b),
and NSR Permit No. 21286, Special Condition Nos. 26(A), (D), and (F) - (H),
by failing to meet the record keeping requirements; 30 TAC §281.25(a)(4)
and §335.4; Multi Sector General Permit (MSGP) No. TXR05H669, Part III,
Section A(3)(a) and (b); and TWC, §26.121, by failing to identify and
obtain a permit for non-storm water discharge; 30 TAC §281.25(a)(4) and
MSGP No. TXR05H669, Part III, Sections A(4)(a), (b), and (c), by failing to
include items in the Storm Water Pollution Prevention Plan (SWP3); 30 TAC §281.25(a)(4)
and MSGP No. TXR05H669, Part III, Section A(5)(b), (f), and (h), by failing
to include a detailed description in the SWP3; and 30 TAC §335.62 and
40 Code of Federal Regulations (CFR) §262.11, by failing to complete
a hazardous waste determination of the two water waste streams generated as
a result of the washing of compressed gas cylinders and the one-ton containers
in the scrubber tanks; PENALTY: $5,100; STAFF ATTORNEY: Laurencia Fasoyiro,
Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Harlingen Regional
Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(5) COMPANY: Teer Plating Co., Inc.; DOCKET NUMBER: 2004-2109-IHW-E; TCEQ
ID NUMBER: RN100585520; LOCATION: 6111 Wyche Boulevard, Dallas, Dallas County,
Texas; TYPE OF FACILITY: electroplating and metal finishing facility; RULES
VIOLATED: 30 TAC §335.69(f)(4)(A), and (a)(2) and (3) and 40 CFR §262.34(d)(4),
by failing to keep hazardous waste closed during storage; and 30 TAC §335.4
and TWC, §26.121, by failing to prevent the unauthorized discharge of
waste or pollutants into or adjacent to waters in the state; PENALTY: $35,000;
STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053;
REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Uppal Bros., Inc. dba Save Way Food Mart; DOCKET NUMBER: 2003-1165-PST-E;
TCEQ ID NUMBER: RN102035367; LOCATION: 6620 Brentwood Stair Road, Fort Worth,
Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.49(a) and TWC, §26.3475(d),
by failing to install a method of corrosion protection for the UST systems;
30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial
assurance for taking corrective action and for compensating third parties
for bodily injury and property damage caused by accidental releases arising
from the operation of petroleum USTs; 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii)
and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a
frequency of at least once every month (not to exceed 35 days between each
monitoring); 30 TAC §334.48(c), by failing to conduct effective manual
or automatic inventory control procedures for the UST systems; 30 TAC §334.8(c)(5)(C),
by failing to ensure that a legible tag, label, or marking with the tank number
was permanently applied upon or affixed to either the top of the fill tube
or to a nonremovable point in the immediate area of the fill tube according
to the UST registration and self-certification form; 30 TAC §334.8(c)(4)(A)(vii)
and (c)(5)(B)(ii) and TWC, §26.346(c)(3), by failing to timely renew
the delivery certificate by submitting a properly completed UST registration
and self-certification form at least 30 days before the expiration date of
the delivery certificate; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a),
by failing to make available to a common carrier a valid, current TCEQ delivery
certificate before accepting delivery of a regulated substance into the petroleum
USTs; PENALTY: $35,100; STAFF ATTORNEY: Shawn Slack, Litigation Division,
MC 175, (512) 239-0063; REGIONAL OFFICE: Dallas-Fort Worth Regional Office,
2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200700004
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 3, 2007
Request for Proposals for Comprehensive Classification and Compensation Study
This RFP Notice Includes Revisions to the Due Date
Listed in the Original Posting in the December 29, 2006, Issue of the
Texas Higher Education Coordinating Board is soliciting proposals from
interested, highly qualified, and experienced consulting firms to design,
conduct, and assist in the implementation of a comprehensive classification
and compensation study of the agency's positions staffed by full-time and
part-time employees. A Request for Proposals (RFP), which includes instructions
for its completion, is available on the Electronic State Business Daily (ESBD)
at: http://esbd.tbpc.state.tx.us/bid_show.cfm?bidid=68527
Respondents to this RFP shall submit completed proposals in a sealed envelope,
clearly marked with "Proposal for THECB Classification and Compensation Study"
and the name of the bidder.
Seven (7) copies of the proposal must be submitted by 12:00 p.m., Central
Standard Time, on January 22, 2007 to the following address:
Texas Higher Education Coordinating Board
ATTN: Anthony O. Tegbe
1200 East Anderson Lane, Room 2.177
Austin, TX 78752
If you have any questions about the RFP, please submit your inquiries in
writing, preferably via e-mail to:
Betty Sharp
Director of Personnel
Texas Higher Education Coordinating Board
1200 East Anderson Lane
Austin, TX 78752
Email: betty.sharp@thecb.state.tx.us
TRD-200700003
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Filed: January 3, 2007
Company Licensing
Application for incorporation to the State of Texas by WELLCARE OF TEXAS,
INC., a domestic health maintenance organization (HMO). The home office is
in Austin, Texas.
Application to change the name of HOMEWISE PREFERRED INSURANCE COMPANY
to ATLANTIC & GULF STATES INSURANCE COMPANY, a foreign fire and/or casualty
company. The home office is in Tampa, Florida.
Application to change the name of NORTH AMERICA LIFE INSURANCE COMPANY
OF TEXAS to NORTH AMERICA LIFE INSURANCE COMPANY, a domestic life, accident
and/or health company. The home office is in Austin, Texas.
Application to change the name of ACE AMERICAN REINSURANCE COMPANY to R&O
REINSURANCE COMPANY, a foreign fire and/or casualty company. The home office
is in Philadelphia, Pennsylvania.
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-200700008
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: January 3, 2007
The following third party administrator application has been filed with
the Texas Department of Insurance and is under consideration.
Application of NORTHWEST DIAGNOSTIC CLINIC IPA, LLC, a domestic third party
administrator. The home office is HOUSTON, TEXAS.
Any objections must be filed within 20 days after this notice is published
in the
Texas Register
, addressed to the attention
of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200606901
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: December 27, 2006
Instant Game Number 801 "Break the Bank"
1.0 Name and Style of Game.
A. The name of Instant Game No. 801 is "BREAK THE BANK". The play style
is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 801 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 801.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the ticket
that is used to determine eligibility for a prize. Each Play Symbol is printed
in Symbol font in black ink in positive except for dual-image games. The possible
black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
$1.00, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $200, $1,000, $3,000,
$30,000, and MONEYSTACK SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00
or $20.00.
H. Mid-Tier Prize - A prize of $50.00 or $200.
I. High-Tier Prize - A prize of $1,000, $3,000 or $30,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (801), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001and end with 250 within
each pack. The format will be: 801 -0000001-001.
L. Pack - A pack of "BREAK THE BANK" Instant Game tickets contains 250
tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2).
Tickets 001 and 002 will be on the top page; tickets 003 and 004 on the next
page; etc.; and tickets 249 and 250 will be on the last page. Please note
the books will be in an A - B configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BREAK
THE BANK" Instant Game No. 801 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "BREAK THE
BANK" Instant Game is determined once the latex on the ticket is scratched
off to expose 19 (nineteen) play symbols. If the player matches any of YOUR
NUMBERS play symbols to any of the 3 LUCKY NUMBERS play symbols, the player
wins the prize shown for that number. If the player reveals a "moneystack"
symbol, the player wins the prize instantly. No portion of the display printing
nor any extraneous matter whatsoever shall be usable or playable as a part
of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 19 (nineteen) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 19 (nineteen)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 19 (nineteen) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 19 (nineteen) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. Non-winning prize symbols will not match a winning prize symbol on a
ticket.
C. No duplicate Lucky Numbers on a ticket.
D. There will be no correlation between the matching symbols and the prize
amount.
E. The auto win symbol will never appear more than once on a ticket.
F. No duplicate non-winning play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "BREAK THE BANK" Instant Game prize of $2.00, $4.00, $6.00,
$8.00, $10.00, $12.00, $20.00, $50.00 or $200, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not in some cases, required to
pay a $50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "BREAK THE BANK" Instant Game prize of $1,000, $3,000 or
$30,000, the claimant must sign the winning ticket and present it at one of
the Texas Lottery's Claim Centers. If the claim is validated by the Texas
Lottery, payment will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "BREAK THE BANK" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "BREAK THE
BANK" Instant Game, the Texas Lottery shall deliver to an adult member of
the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "BREAK THE BANK" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 25,200,000
tickets in the Instant Game No. 801. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 801 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 801,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200606902
Kimberly Kiplin
General Counsel
Texas Lottery Commission
Filed: December 27, 2006
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on December
22, 2006, to amend a state-issued certificate of franchise authority (CFA),
pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act
(PURA).
Project Title and Number: Application of Time Warner Cable for an Amendment
to a State-Issued Certificate of Franchise Authority, Project Number 33677
before the Public Utility Commission of Texas.
Information on the application may be obtained by contacting the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference
Project Number 33677.
TRD-200606904
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 28, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on December 21, 2006, for waiver from the requirements
in P.U.C. Substantive Rules §26.54(b)(3) and (4)(C).
Docket Title and Number: Application of Big Bend Telephone Company, Incorporated
for a Temporary Extension of Waiver from Requirements in P.U.C. Substantive
Rules §26.54(b)(3) and (4)(C); Docket Number 33676.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference
Docket Number 33676.
TRD-200606903
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 28, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on December 20, 2006, to amend a certificate
of convenience and necessity for a proposed transmission line in Randall County,
Texas.
Docket Style and Number: Application of Southwestern Public Service Company
to Amend a Certificate of Convenience and Necessity (CCN) for a Proposed Transmission
Line in Randall County, Texas. Docket Number 33602.
The Application: The application of Southwestern Public Service Company
(SPS) for a proposed transmission line is designated as the Amarillo South
Interchange to Spring Draw Substation 115-kV Transmission Line Project. These
facilities include approximately 5.41 miles of new 115 kV transmission line.
Persons wishing to intervene or comment on the action sought should contact
the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477.
The deadline for intervention in this proceeding is February 5, 2007. Hearing
and speech-impaired individuals with text telephone (TTY) may contact the
commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 33602.
TRD-200700009
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2007
Notice is given to the public of the filing with the Public Utility Commission
of Texas of a petition on November 22, 2006, for expanded local calling service
(ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory
Act (PURA). A summary of the application follows.
Project Title and Number: Petition for Expanded Local Calling Service from
the Mirando City Exchange to the Exchanges of Bruni, Hebbronville and Laredo,
Project Number 33530.
The petitioners in the Mirando City exchange request ELCS to the exchanges
of Bruni, Hebbronville, and Laredo.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
January 26, 2007. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2789.
All comments should reference Project Number 33530.
TRD-200700007
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2007
Correction of Error
The Office of the Secretary of State adopted new 1 TAC §81.60, concerning
Voting System Certification Procedures. The adoption notice appeared in the
January 5, 2007, issue of the
Texas Register
(32
TexReg 41).
Due to an error in Figure 1: 1 TAC §81.60(1), a sentence on page 107
reads: "Acknowledge which ITA has been notified to send 4 copies of the software
and source code and expected delivery date to our office." As corrected, this
sentence should read as follows:
"Acknowledge which voting system test laboratory has been notified to send
a copy of the software and source code and expected delivery date to our office."
Due to an error in §81.60(2) on page 41, the rule text reads that
the applicant must deliver four copies. In fact only one copy is required.
As corrected, the paragraph should read as follows.
''(2) The applicant must have the nationally accredited voting system test
laboratory deliver a copy of all nationally qualified software/firmware and
source codes for the system and/or system components requested for Texas certification,
directly to the Secretary of State no later than 45 days prior to examination.''
TRD-200700010
Aviation Division - Request for Proposals
The Airport Sponsors, through their agent the Texas Department of Transportation
(TxDOT), intend to engage aviation professional engineering firms for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division
will solicit and receive proposals for professional aviation engineering design
services described below:
Airport Sponsor: City of Corsicana, C. David Campbell Field-Corsicana Municipal
Airport. TxDOT CSJ No.:0718CORSI. Scope: Provide engineering/design services
to design and construct fueling pad; install supplemental windcone; repair
hangar access taxiway; and install cyclone fencing at the David C. Campbell
Field Airport, Corsicana, Texas. The DBE goal is set at 5%. TxDOT Project
Manager is Charles Graham. Grant Manager is Edie Stimach. Six completed, unfolded
copies of Form AVN-550
must be received
by TxDOT
Aviation Division at 150 E. Riverside Drive, 5th Floor, South Tower, Austin,
Texas 78704 no later than
February 6, 2007
,
4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted.
Please mark the envelope of the forms to the attention of Edie Stimach. The
consultant selection committee will be composed of local government members.
Airport Sponsor: Aransas County, Aransas County Airport. TxDOT CSJ No.
0716RCKPT. Scope: Provide engineering/design services to Reconstruct Taxiway
"A" from Taxiway "B" to Runway 18 end; Reconstruct Taxiway "D"; Rehabilitate
Taxiway "E"; Overlay Taxiway "B"; Overlay Taxiway "A" from Taxiway "C" to
Runway 14 end; Overlay Taxiway "C"; Construct Partial Taxiway to Runway 14-32;
Install/Replace Signage and Install Erosion/Sedimentation Controls. The DBE
goal is set at 11%. TxDOT Project Manager is John Wepryk, P.E. Grant Manager
is Sheri Quinlan. Seven completed, unfolded copies of Form AVN-550
must be received
by TxDOT Aviation Division at 150 E. Riverside Drive,
5th Floor, South Tower, Austin, Texas 78704 no later than
February 6, 2007
, 4:00 p.m. Electronic facsimiles or forms sent by
email will not be accepted. Please mark the envelope of the forms to the attention
of Sheri Quinlan. The consultant selection committee will be composed of local
government members.
Interested firms shall utilize the latest version of Form AVN-550, titled
"Aviation Engineering Services Proposal". The form may be requested from TxDOT
Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number,
1-800-68-PILOT (74568). The form may be emailed by request or downloaded from
the TxDOT web site, URL address
http://www.dot.state.tx.us/forms/aviation/550.doc
. The form may not be altered in any way. All printing must be in black
on white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-550,
firms are encouraged to download Form AVN-550 from the TxDOT website as addressed
above. Utilization of Form AVN-550 from a previous download may not be the
exact same format. Form AVN-550 is an MS Word Template.
For more information on these Request for Proposals go to the Aviation
Consultant Contracts web page at
http://www.dot.state.tx.us/business/avnconsultinfo.htm
or contact the project specific Grant Manager for any procedural questions
and the Project Manager for technical questions at 1-800-68-PILOT (74568).
TRD-200606895
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: December 22, 2006
In accordance with 43 TAC §25.901, et seq., the Texas Department of
Transportation (TxDOT) is requesting project proposals to support the goals
and strategies of a traffic safety program to reduce the number of motor vehicle
related crashes, injuries and fatalities in Texas. These goals and strategies
form the basis for the Fiscal Year 2008 (FY08) Highway Safety Performance
Plan (HSPP).
The authority and responsibility of the traffic safety grant program derives
from the National Highway Safety Act of 1966 (23 USC §401, et seq.),
and the Texas Traffic Safety Act of 1967 (Transportation Code, Chapter 723).
Traffic Safety is an integral part of the Texas Department of Transportation
and works through the department's 25 districts for local projects. The program
is administered at the state level by the department's Traffic Operations
Division. The executive director of the department is the designated Governor's
Highway Safety Representative.
The following are the 2008 HSPP Program Areas for which projects may be
submitted: Planning and Administration; Alcohol and Other Drug Countermeasures;
Emergency Medical Services; Motorcycle Safety; Occupant Protection; Pedestrian/Bicycle
Safety; Police Traffic Services; Speed Control; Traffic Records; Driver Education
and Behavior; Railroad/Highway Crossing; Roadway Safety; Safe Communities;
and School Bus. Eligible organizations are state and local governments, educational
institutions, and non-profit organizations.
The Request for Proposals for Fiscal Year 2008, as well as the on-line
eGrants proposal application system, is available on the TxDOT website at
the following location:
http://www.dot.state.tx.us/services/traffic_operations/traffic_safety.htm
.
Proposals for FY08 must be completed using the eGrants system.
The new eGrants system can not presently accommodate Commercial Motor Vehicles
(CMV) projects. Therefore, at this time, Selective Traffic Enforcement Programs
(STEP) CMV proposals must be submitted in writing. Forms and instructions
for STEP CMV are available at the same link listed above. In the event that
STEP CMV is added to the eGrants System during the proposal period, then a
proposing agency may either submit proposals electronically or in writing.
Proposals submitted using the eGrants system must be submitted no later
than
5 p.m., March 9, 2007
. The eGrants system
will not allow proposal submission after this date and time. Proposals targeting
STEP CMV in writing must be submitted to the nearest TxDOT district office,
Attention Traffic Safety Specialist, or mailed directly to Terry Pence, Traffic
Operations Division, Texas Department of Transportation, 125 East 11th Street,
Austin, Texas 78702. Written STEP CMV proposals must be received by TxDOT
no later than
5 p.m., March 9, 2007
. Proposals
received after this due date will not be accepted.
Video Conference training on submitting proposals for the new web based
grants management system, eGrants, will be offered at various TxDOT locations
across the state. Please contact Traffic Safety Specialists in your area or
send a note to eGrants@dot.state.tx.us to learn about locations near you.
Potential subgrantees may attend eGrants proposal submittal training on
one of these dates:
January 17 and 18, 2007
February 14 and 15, 2007
If you have questions please contact Ms. Susan Warren at (512) 416-3177
or at swarre1@dot.state.tx.us in the TxDOT Traffic Operations Division, Traffic
Safety Section.
TRD-200606897
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: December 22, 2006
Office of Consumer Credit Commissioner
Texas Education Agency
Request for Applications Concerning the State Engineering and Science Recruitment (SENSR) Fund, 2007-2008
Texas Commission on Environmental Quality
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Texas Higher Education Coordinating Board
Texas Department of Insurance
Third Party Administrator Applications
Texas Lottery Commission
Public Utility Commission of Texas
Notice of Application for Waiver from Requirements
Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line in Randall County, Texas
Notice of Petition for Expanded Local Calling Service
Office of the Secretary of State
Texas Department of Transportation
Request for Proposals - Highway Safety Performance Plan
The University of Texas System