In Addition

In Addition

Texas Department of Agriculture

Notice of Successful Completion of Mexican Fruit Fly Eradication

On March 6, 2007, a mated female Mexican fruit fly was detected in a McPhail trap located on a sour orange tree at the Laredo Community College campus, Webb County, Texas. Consequently, the Texas Department of Agriculture (the department) adopted on an emergency basis a Mexican fruit fly quarantine to prevent spread of this pest into other areas of Texas and to facilitate eradication. That quarantine was published as Title 4, Texas Administrative Code, §§19.190 - 19.198, in the March 30, 2007, issue of the Texas Register (32 TexReg 1817). As of June 16, 2007, no additional Mexican fruit flies were detected for a time period equal to three consecutive generations of this pest after the initial detection on March 6, 2007. Consequently, the Mexican fruit fly eradication criterion established in §19.191 of the Mexican fruit fly quarantine has been met and the department has lifted the quarantine from that part of Webb County described in §19.192(a)(2) of the quarantine as a quarantined infested area. Furthermore, the department does not intend to adopt this quarantine on a permanent basis. For more information, please call Dr. Shashank Nilakhe, State Entomologist, at (512) 463-1145.

TRD-200702576

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: June 21, 2007

Office of the Attorney General

Notice of Settlement of a Texas Solid Waste Disposal Enforcement Action

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Solid Waste Disposal Act. Before the State may settle a judicial enforcement action, pursuant to the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Acts.

Case Title and Court: Settlement Agreement in Harris County, Texas and State of Texas v. Henry T.T. Lucky, Inc., Choon Hae Kim dba Bell Dry Cleaners, the Estate of Dae Kim, and Jimmy Kim, Cause No. 2003-03457, 152nd Judicial District of Harris County, Texas.

Background: This suit alleges violations of the Texas Solid Waste Disposal Act at a dry cleaners in Harris County, Texas. The defendant is Jimmy Kim. The suit seeks civil penalties, attorney's fees, and court costs for failing to keep records of dry cleaning waste disposal and failing to properly label and store dry cleaning waste.

Nature of Settlement: The settlement awards the State and Harris County a $98,750 civil penalty, $78,750 of which may be forgiven upon timely payment of $20,000 of the civil penalty and attorney's fees. The settlement also awards the State and Harris County a total of $5,500 in attorney's fees.

For a complete description of the proposed settlement, the proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgments and written comments on the proposed settlement should be directed to Mary Smith, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

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

TRD-200702651

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: June 25, 2007

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of June 15, 2007, through June 21, 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 June 27, 2007. The public comment period for this project will close at 5:00 p.m. on July 27, 2007.

FEDERAL AGENCY ACTIONS:

Applicant: Hall-Houston Exploration II, LP ; Location: The project is located in Galveston Area Block 151 of the Galveston Anchorage Area, in federal waters of the Gulf of Mexico, Offshore Texas. The State Plane, Texas South Central Coordinates in NAD 27 (feet) are X=3397645.81; Y=532470.00. Project Description: The applicant proposes to install, operate, and maintain a jack-up drilling rig and/or caisson well protector, production platform, and appurtenant structures and equipment necessary to conduct drilling and production operations for one well in Galveston Block 151 (Lease OCS-G 15740) within the Galveston Anchorage Area. The applicant proposes to install a 6-inch gas/condensate pipeline from the proposed Galveston 151, Well No. 6 Platform B to an existing Platform A (owned by Apache Corporation) located in High Island Block 179 (OCS-G 03236). The total length of the pipeline would be approximately 44,163-feet with approximately 10,975-feet buried to a minimum depth of 16.5-feet in the Anchorage Area, prior to paralleling the Galveston Entrance Fairway 32,631-feet (at which time burial would meet the 10-foot requirement. Approximately 94,063 cubic yards of soft silty clay would be discharged by jetting the pipeline. CCC Project No.: 07-0223-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-927 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: Listowski-Hatmaker, LP; Location: The project is located along Galveston West Bay at the Ponticello Subdivision, Teichman Road at 93rd Street in Galveston County, Galveston Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 317795; Northing: 3240786. Project Description: The applicant proposes to construct 6 private common piers with 12 attached boathouses, one community walkover, bridge and pier. The applicant proposes to construct a navigational channel and place approximately 2,618 cubic yards of sand fill into a 0.39-acre of fill into wetlands. The applicant proposes to discharge approximately 5,714 cubic yards of hydraulically dredged material (sand) into 1.25-acres of shallow unvegetated waters of the U.S. for beneficial use of dredged material to create a shoreline preservation barrier island for shoreline stabilization. CCC Project No.: 07-0224-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-555 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-200702656

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: June 26, 2007

Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapter 403, Texas Government Code, and Chapter 2254, Subchapter A, Texas Government Code; and Chapters 72-75, Property Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP #179b) from qualified, independent firms to provide professional unclaimed property auditing services to Comptroller. One or more successful respondents will assist Comptroller in conducting audits of unclaimed property holders and providing other related services, as directed by Comptroller. Comptroller reserves the right to award one or more contracts under this RFP. The successful respondent(s) will be expected to begin performance of the contract(s), if any, awarded under this RFP on or about September 1, 2007.

Contact: Parties interested in submitting a proposal should contact 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 Friday, July 6, 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 after 10:00 a.m. (CZT), Friday, July 6, 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, July 20, 2007. Prospective respondents are encouraged to fax Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. The responses to questions and other information pertaining to this procurement will be posted on Friday, July 27, 2007, or as soon thereafter as practical, on the Electronic State Business Daily at: http://esbd.tbpc.state.tx.us. Letters of Intent and Questions received after the foregoing 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, August 3, 2007. Proposals received in the Issuing Office after this time and date will not be considered. Respondents are solely responsible for verifying the 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 - July 6, 2007, 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - July 20, 2007, 2 p.m. CZT; Official Questions and Responses posted - July 27, 2007 (or as soon thereafter as practical); Proposals Due - August 3, 2007, 2 p.m. CZT; Contract Execution - September 1, 2007, or as soon thereafter as practical; Commencement of Project Activities - September 1, 2007, or as soon thereafter as practical.

TRD-200702671

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: June 27, 2007

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. 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 August 6, 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 August 6, 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: Ballater, Ltd.; DOCKET NUMBER: 2007-0451-WQ-E; IDENTIFIER: RN105153266; LOCATION: Magnolia, Montgomery County, Texas; TYPE OF FACILITY: single-family home construction site; RULE VIOLATED: 30 Texas Administrative Code (TAC) §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $2,700; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: BFI Waste Services of Texas, LP dba Allied Waste Services of Houston; DOCKET NUMBER: 2007-0231-IHW-E; IDENTIFIER: RN103765053; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: commercial waste hauling company; RULE VIOLATED: 30 TAC §335.2(b), by failing to prevent the transportation of nonhazardous Class I industrial waste; 30 TAC §335.6(c), by failing to update the notice of registration (NOR); and 30 TAC §205.6 and the Code, §5.702, by failing to pay the outstanding general permits storm water fee; PENALTY: $1,100; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Broadmore Custom Homes LP; DOCKET NUMBER: 2007-0158-WQ-E; IDENTIFIER: RN104951322; LOCATION: Aurora, Wise County, Texas; TYPE OF FACILITY: construction site for single family housing development; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activity; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: City of Cleveland; DOCKET NUMBER: 2007-0645-MWD-E; IDENTIFIER: RN102179892; LOCATION: Liberty County, Texas; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10766001, Effluent Limitations and Monitoring Requirements No. 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations; and 30 TAC §305.125(17) and TPDES Permit No. 10766001, Monitoring and Reporting Requirements No. 1, by failing to submit monitoring results at the intervals specified in the permit; PENALTY: $1,287; Supplemental Environmental Project (SEP) offset amount of $1,030 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Davis Petroleum Pipeline LLC; DOCKET NUMBER: 2007-0401-AIR-E; IDENTIFIER: RN100211739; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: oil and gas production plant; RULE VIOLATED: 30 TAC §116.110(a) and §122.130(b)(1) and Texas Health & Safety Code (THSC), §382.085(b), by failing to obtain new source review authorization for air emissions and failed to submit an abbreviated Title V Operating Permit application; THSC, §382.085(a) and (b), by failing to prevent an off-site impact of 140 parts per billion by volume of benzene; and 30 TAC §101.10(a)(1) and THSC, §382.085(b), by failing to submit annual emissions inventories for the years 2003, 2004, and 2005; PENALTY: $30,000; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Dial Lubricants, Inc.; DOCKET NUMBER: 2007-0340-IHW-E; IDENTIFIER: RN100525286; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: transporter of industrial solid waste; RULE VIOLATED: 30 TAC §335.2(b), by failing to prevent the transportation of industrial hazardous waste to an unauthorized facility; PENALTY: $900; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Dillard Dry Cleaning & Restoration, Inc. dba Marvel Cleaners; DOCKET NUMBER: 2006-0934-DCL-E; IDENTIFIER: RN104028444; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: dry cleaner; RULE 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; PENALTY: $889; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Diocese of Galveston-Houston; DOCKET NUMBER: 2007-0384-MWD-E; IDENTIFIER: RN101523215; LOCATION: Montgomery County, Texas; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit No. 14218001, Effluent Limitations and Monitoring Requirements No. 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations; PENALTY: $6,080; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2007-0210-AIR-E; IDENTIFIER: RN102450756; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery and lubrication manufacturing plant; RULE VIOLATED: 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to notify the commission of a reportable emission event; 30 TAC §101.20(3) and §116.115(c), Permit Numbers 1202, 18277, 19566/PSD-TX-768M1/PSD-TX-932, 49134, and 49151, Special Condition 1, and THSC, §382.085(b), by failing to properly operate emission control equipment during normal operations; 30 TAC §116.110(a), Standard Exemption 69, and THSC, §382.085(b) and §382.0518(a), by emitting unauthorized emissions of hydrogen sulfide; and 30 TAC §116.110(a), Standard Exemption 69, and THSC, §382.085(b) and §382.0518(a), by emitting unauthorized emissions of volatile organic compounds; PENALTY: $24,139; Supplemental Environmental Project (SEP) offset amount of $9,656 applied to Jefferson County: Retrofit/Replacement of Heavy Equipment and Vehicles with Alternative Fueled Equipment and Vehicles; ENFORCEMENT COORDINATOR: Lindsey Jones, (512) 239-4930; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(10) COMPANY: Forest Water Supply Corporation; DOCKET NUMBER: 2007-0482-PWS-E; IDENTIFIER: RN101183465; LOCATION: Cherokee County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes; 30 TAC §290.113(f)(5) and THSC, §341.0315(c), by failing to comply with the MCL for haloacetic acids; PENALTY: $1,214; ENFORCEMENT COORDINATOR: Christopher Miller, (512) 239-6580; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(11) COMPANY: Fossil Rim Wildlife Center, Inc.; DOCKET NUMBER: 2007-0697-PWS-E; IDENTIFIER: RN101190197; LOCATION: Somervell County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(d)(2)(B)(ii) and THSC, §341.0315(c), by failing to provide ground storage capacity equal to 50% of the maximum daily demand; PENALTY: $315; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: G & W Water Supply Corporation; DOCKET NUMBER: 2007-0378-PWS-E; IDENTIFIER: RN101266930; LOCATION: Waller, Grimes County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1), by failing to issue boil water notice; 30 TAC §290.46(d)(2)(A) and THSC, §341.0315(c), by failing to maintain a free chlorine residual of at least 0.2 milligrams per liter throughout the distribution system; 30 TAC §290.45(b)(1)(D)(v) and THSC, §341.0315(c), by failing to provide emergency power to deliver a rate of 0.35 gallons per minute (gpm) per connection; and 30 TAC §290.45(b)(1)(D)(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; PENALTY: $840; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 7510335.

(13) COMPANY: Grant Rd Enterprises, LLC; DOCKET NUMBER: 2007-0894-PST-E; IDENTIFIER: RN102492766; LOCATION: Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Lighthouse Land Ventures, Ltd.; DOCKET NUMBER: 2007-0330-EAQ-E; IDENTIFIER: RN105135354; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: commercial development site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Water Pollution Protection Plan; PENALTY: $58,000; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(15) COMPANY: Los Betos Caliche Pit, L.L.C.; DOCKET NUMBER: 2007-0273-MSW-E; IDENTIFIER: RN105109151; LOCATION: Hidalgo County, Texas; TYPE OF FACILITY: caliche pit; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Marlin Bullard, (254) 751-0335; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 4256010.

(16) COMPANY: Mesa Canyon Springs, Ltd.; DOCKET NUMBER: 2007-0483-EAQ-E; IDENTIFIER: RN104162474; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a Water Pollution Abatement Plan modification; PENALTY: $750; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 238-5806; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(17) COMPANY: Paul Mullin dba Paul Mullin's Septic Tank Service; DOCKET NUMBER: 2006-0685-SLG-E; IDENTIFIER: RN103150629; LOCATION: Lufkin, Angelina County, Texas; TYPE OF FACILITY: sludge transportation operation; RULE VIOLATED: 30 TAC §312.143 and the Code, §26.121(a), by failing to deposit wastes at a facility designated by or acceptable to the generator; 30 TAC §312.144(a), by failing to prominently mark the truck used in transportation of wastes with the company name, telephone number, and current authorization stickers; 30 TAC §312.144(d), by failing to have a sight gauge on the transporter truck's tank; and 30 TAC §312.145(a), by failing to maintain a record of each individual collection and deposit of waste transported to the use of five-part trip tickets; PENALTY: $7,000; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(18) COMPANY: City of Newcastle; DOCKET NUMBER: 2007-0517-PWS-E; IDENTIFIER: RN102691748; LOCATION: Newcastle, Young County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(h), by failing to implement a backflow prevention program; 30 TAC §290.46(f)(3)(E)(iv), by failing to maintain copies of customer service inspection reports; and 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan; PENALTY: $495; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (210) 490-3096; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(19) COMPANY: Owens Corning; DOCKET NUMBER: 2007-0537-AIR-E; IDENTIFIER: RN100222140; LOCATION: Amarillo, Randall County, Texas; TYPE OF FACILITY: fiberglass manufacturing plant; RULE VIOLATED: 30 TAC §122.145(2)(A) and (B) and THSC, §382.085(b), by failing to submit a timely deviation report and failed to include all instances of deviations in the associated deviation report; PENALTY: $2,925; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(20) COMPANY: James E. Post; DOCKET NUMBER: 2007-0611-LII-E; IDENTIFIER: RN105194591; LOCATION: Rockport, Aransas County, Texas; TYPE OF FACILITY: landscape irrigation business; RULE VIOLATED: 30 TAC §30.5(a) and §344.4(a), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to hold a valid irrigator license; PENALTY: $250; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 8253100.

(21) COMPANY: Reagent Chemical & Research, Inc.; DOCKET NUMBER: 2007-0705-IWD-E; IDENTIFIER: RN102409570; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 04552, Effluent Limitations and Monitoring Requirements Nos. 1 and 2 at Outfall Number 003, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; PENALTY: $2,940; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Rio Brazos Water Supply Corporation; DOCKET NUMBER: 2007-0663-PWS-E; IDENTIFIER: RN101457604; LOCATION: Parker County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(m)(4), by failing to maintain the storage and pressure maintenance facilities and related appurtenances in a watertight condition; and 30 TAC §290.46(t), by failing to post a legible sign at each of the system's production, treatment, and storage facilities; PENALTY: $154; ENFORCEMENT COORDINATOR: Amy Martin, (512) 239-2540; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: Shaded Lane Water Company, Inc.; DOCKET NUMBER: 2007-0351-PWS-E; IDENTIFIER: RN101260420; LOCATION: Johnson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(i) and THSC, §341.0315(c), by failing to provide a well capacity of 0.6 gpm per connection; 30 TAC §290.43(c)(5), by failing to locate inlet connections on the ground storage tank so as to prevent short-circuiting or stagnation of water; and 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more pumps having a total capacity of two gpm per connection at each pump station or pressure plane; PENALTY: $472; ENFORCEMENT COORDINATOR: Amy Martin, (512) 239-2540; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: Shell Pipeline Company, LP; DOCKET NUMBER: 2007-0369-AIR-E; IDENTIFIER: RN102027174; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: pipeline station; RULE VIOLATED: 30 TAC §122.143(4), Operating Permit O-02733, Special Condition 3(A)(iv)(1), and THSC, §382.085(b), by failing to perform quarterly opacity observations of the stationary vents; 30 TAC §122.143(4) and §122.145(2)(A) and (B), Operating Permit O-02733, General Conditions, and THSC, §382.085(b), by failing to submit a semi-annual deviation report; and 30 TAC §122.146(1) and §122.146(5)(C)(v) and (D) and THSC, §382.085(b), by failing to accurately report all deviations; PENALTY: $6,534; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(25) COMPANY: Joe Sotelo; DOCKET NUMBER: 2007-0593-LII-E; IDENTIFIER: RN103367991; LOCATION: McAllen, Hidalgo County, Texas; TYPE OF FACILITY: landscape irrigation business; RULE VIOLATED: 30 TAC §344.70 and Texas Occupations Code, §1903.251, by failing to comply with local requirements, ordinances, and regulations; PENALTY: $475; ENFORCEMENT COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5427, (956) 425-6010.

(26) COMPANY: South-Tex Concrete, Inc. dba South Tex Concrete Company; DOCKET NUMBER: 2007-0895-WQ-E; IDENTIFIER: RN102764867; LOCATION: Cameron County, Texas; TYPE OF FACILITY: concrete company; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a Multi-Sector General Permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5427, (956) 425-6010.

(27) COMPANY: Southwestern Public Service Company; DOCKET NUMBER: 2007-0521-AIR-E; IDENTIFIER: RN100224849; LOCATION: Amarillo, Potter County, Texas; TYPE OF FACILITY: electric power generation plant; RULE VIOLATED: 30 TAC §122.146(1) and THSC, §382.085(b), by failing to submit their compliance certification; PENALTY: $750; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(28) COMPANY: Texas Children's Hospital; DOCKET NUMBER: 2007-0189-MLM-E; IDENTIFIER: RN100583483; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: full-care pediatric hospital; RULE VIOLATED: 30 TAC §335.6(c), by failing to update the NOR; 30 TAC §335.6(h), by failing to notify the TCEQ of recycling activity; and 30 TAC §330.171(c)(6) and §335.2(b), by failing to prevent the unauthorized disposal of hazardous waste; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: University of Texas Medical Branch at Galveston; DOCKET NUMBER: 2005-1973-AIR-E; IDENTIFIER: RN101921138; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: hospital facility with incinerator and crematory stacks; RULE VIOLATED: 30 TAC §113.2072(a) and (b)(2) and §116.115(c), Permit Number 18655, Special Condition 4, and THSC, §382.085(b), by failing to operate within the permitted limits for opacity and emission limits for particulate matter; and 30 TAC §113.2075(a)(2)(B) and §116.115(c), Permit Number 18655, Special Condition 11C, and THSC, §382.085(b), by failing to perform annual performance stack test; PENALTY: $11,400; Supplemental Environmental Project (SEP) offset amount of $9,120 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30) COMPANY: Philip Wetzel; DOCKET NUMBER: 2007-0627-LII-E; IDENTIFIER: RN105071922; LOCATION: Rockwall, Rockwall County, Texas; TYPE OF FACILITY: landscape and irrigation installation business; RULE VIOLATED: 30 TAC §30.5(b) and §344.4(a), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to hold a current irrigator license or employ individuals who hold current irrigator licenses prior to advertising irrigation installation services; PENALTY: $237; ENFORCEMENT COORDINATOR: Cynthia McKaughan, (512) 239-0735; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200702655

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 26, 2007

Enforcement Orders

An agreed order was entered regarding Duininck Brothers, Inc. dba Duininck Brothers Construction Company, Docket No. 2004-1091-PST-E on June 19, 2007 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robert Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Mohammad Arshad dba The Eagle Stop, Docket No. 2004-1424-PST-E on June 19, 2007 assessing $3,150 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Sallans, Staff Attorney at (512) 239-2053, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Goree, Docket No. 2005-0441-MWD-E on June 19, 2007 assessing $2,320 in administrative penalties with $464 deferred.

Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Wallach Concrete, Inc., Docket No. 2005-0586-AIR-E on June 19, 2007 assessing $20,000 in administrative penalties.

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

An agreed order was entered regarding Transit Mix Concrete & Materials Company, Docket No. 2005-0609-MLM-E on June 19, 2007 assessing $27,500 in administrative penalties.

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

An agreed order was entered regarding Erik Howard dba Howard Ranch Subdivision, Docket No. 2005-1244-EAQ-E on June 19, 2007 assessing $36,000 in administrative penalties.

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

An agreed order was entered regarding Wood Processing Services, Inc., Docket No. 2005-1314-MSW-E on June 19, 2007 assessing $3,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mark Curnutt, Staff Attorney at (512) 239-0624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Alishan, Inc. dba Super Stop 16, Docket No. 2005-1477-PST-E on June 19, 2007 assessing $17,550 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shawn Slack, Staff Attorney at (512) 239-0063, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Winters, Docket No. 2005-1506-PWS-E on June 19, 2007 assessing $9,016 in administrative penalties with $1,803 deferred.

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

An agreed order was entered regarding Naide Enterprises, Inc. dba Big Star Mart, Docket No. 2005-1562-PST-E on June 19, 2007 assessing $6,825 in administrative penalties.

An agreed order was entered regarding The Goodyear Tire & Rubber Company, Docket No. 2005-1671-AIR-E on June 19, 2007 assessing $283,654 in administrative penalties.

An agreed order was entered regarding AGA Enterprises, Inc. dba Chevron Food Mart 2, Docket No. 2006-0299-PST-E on June 19, 2007 assessing $2,625 in administrative penalties.

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

A default order was entered regarding Demecio Chavez, Docket No. 2006-0311-LII-E on June 19, 2007 assessing $625 in administrative penalties.

An agreed order was entered regarding AMK Enterprises, LLC dba The Olde Tymer, Docket No. 2006-0381-PWS-E on June 19, 2007 assessing $2,640 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rachael Gaines, Staff Attorney at (512) 239-0078, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding David Paul Smith and Stacy Wershing dba R&J Recycling Center and Construction Services, LLC, Docket No. 2006-0435-MSW-E on June 19, 2007 assessing $3,050 in administrative penalties with $610 deferred.

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

An agreed order was entered regarding B-F Utilities, Inc., Docket No. 2006-0445-PWS-E on June 19, 2007 assessing $158 in administrative penalties with $32 deferred.

Information concerning any aspect of this order may be obtained by contacting Christopher Miller, Enforcement Coordinator at (512) 239-6580, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Bertha Vonderau dba Wharton Steam Laundry DS, Docket No. 2006-0654-DCL-E on June 19, 2007 assessing $1,185 in administrative penalties.

An agreed order was entered regarding RM Walsdorf, Inc., Docket No. 2006-0756-MLM-E on June 19, 2007 assessing $15,625 in administrative penalties with $3,125 deferred.

An agreed order was entered regarding Five Star Legacy, Inc. dba Bell Cleaners, Docket No. 2006-0995-DCL-E on June 19, 2007 assessing $1,185 in administrative penalties.

An agreed order was entered regarding Cowtown Petroleum Limited dba Cowtown Plaza, Docket No. 2006-1089-PST-E on June 19, 2007 assessing $2,000 in administrative penalties with $400 deferred.

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

An agreed order was entered regarding Asmaou B. Malone dba AM Cleaners, Docket No. 2006-1152-DCL-E on June 19, 2007 assessing $889 in administrative penalties with $178 deferred.

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

An agreed order was entered regarding Ha Yen dba 1.25 Super Cleaners, Docket No. 2006-1169-DCL-E on June 19, 2007 assessing $1,185 in administrative penalties with $237 deferred.

Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2006-1196-AIR-E on June 19, 2007 assessing $10,000 in administrative penalties.

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

An agreed order was entered regarding Aly Mohammad, Inc. dba Dapper Dan Cleaners, Docket No. 2006-1200-DCL-E on June 19, 2007 assessing $3,319 in administrative penalties with $663 deferred.

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

An agreed order was entered regarding BK Services Inc. dba US 59 Fuel Mart, Docket No. 2006-1367-PST-E on June 15, 2007 assessing $7,315 in administrative penalties with $1,463 deferred.

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

An agreed order was entered regarding City of West, Docket No. 2006-1436-MWD-E on June 19, 2007 assessing $11,825 in administrative penalties with $2,365 deferred.

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

An agreed order was entered regarding Littlerado, Inc. dba One Hour Pronto Cleaners, Docket No. 2006-1454-DCL-E on June 19, 2007 assessing $1,185 in administrative penalties with $237 deferred.

An agreed order was entered regarding Yong Baek O. dba 2 EZ Cleaners, Docket No. 2006-1463-DCL-E on June 19, 2007 assessing $1,185 in administrative penalties with $237 deferred.

An agreed order was entered regarding Hoon Chin dba Welcome Cleaners, Docket No. 2006-1466-DCL-E on June 19, 2007 assessing $1,185 in administrative penalties with $237 deferred.

An agreed order was entered regarding Eddie & Manal, LLC dba Café Natalie, Docket No. 2006-1509-PWS-E on June 19, 2007 assessing $1,487 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 403-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding A. Schulman, Inc., Docket No. 2006-1524-IWD-E on June 19, 2007 assessing $14,560 in administrative penalties with $2,912 deferred.

An agreed order was entered regarding Eastman Chemical Company, Docket No. 2006-1532-AIR-E on June 19, 2007 assessing $32,035 in administrative penalties with $6,407 deferred.

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

An agreed order was entered regarding ConocoPhillips Company, Docket No. 2006-1550-AIR-E on June 19, 2007 assessing $46,416 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jessica Rhodes, Enforcement Coordinator at (512) 239-2879, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WFC Company Inc. dba Warminster Fiberglass, Docket No. 2006-1552-AIR-E on June 19, 2007 assessing $14,400 in administrative penalties with $2,880 deferred.

Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Premier Cleaners Group, LP dba Premier Cleaners dba Perry's Cleaners dba Parkwood Cleaners dba Lakeside Cleaners, Docket No. 2006-1556-DCL-E on June 19, 2007 assessing $4,740 in administrative penalties with $948 deferred.

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

An agreed order was entered regarding Henry Handy dba Handy's Majestic Cleaners, Docket No. 2006-1581-DCL-E on June 19, 2007 assessing $3,555 in administrative penalties with $711 deferred.

An agreed order was entered regarding Lonzo Gale dba Lass Utility Service Company, Docket No. 2006-1595-MLM-E on June 14, 2007 assessing $1,446 in administrative penalties with $289 deferred.

Information concerning any aspect of this order may be obtained by contacting Amy Martin, Enforcement Coordinator at (512) 239-2540, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kim Oanh T. Nguyen dba US DC Alterations and Shoe Repair, Docket No. 2006-1618-DCL-E on June 19, 2007 assessing $1,185 in administrative penalties with $237 deferred.

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

An agreed order was entered regarding Benedum Gas Partners, LP and Upton Gas GP, Inc. dba Wilshire Treating Facility, Docket No. 2006-1632-AIR-E on June 19, 2007 assessing $41,726 in administrative penalties with $8,345 deferred.

An agreed order was entered regarding Champion Pet Foods, Inc., Docket No. 2006-1635-AIR-E on June 19, 2007 assessing $5,250 in administrative penalties.

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

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2006-1703-AIR-E on June 19, 2007 assessing $5,975 in administrative penalties with $1,195 deferred.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2006-1713-AIR-E on June 19, 2007 assessing $14,450 in administrative penalties.

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

An agreed order was entered regarding Jatra International, Inc., Docket No. 2006-1720-MWD-E on June 19, 2007 assessing $5,280 in administrative penalties with $1,056 deferred.

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

An agreed order was entered regarding Airline Conoco, Inc., Docket No. 2006-1768-PST-E on June 19, 2007 assessing $3,900 in administrative penalties with $780 deferred.

An agreed order was entered regarding Linh Nguyen dba P&H Food 2, Docket No. 2006-1803-PST-E on June 19, 2007 assessing $5,625 in administrative penalties with $1,125 deferred.

Information concerning any aspect of this order may be obtained by contacting Phillip DeFrancesco, Enforcement Coordinator at (817) 588-5933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Range Pipeline Systems, L.P., Docket No. 2006-1805-AIR-E on June 14, 2007 assessing $850 in administrative penalties with $170 deferred.

Information concerning any aspect of this order may be obtained by contacting Lindsey Jones, Enforcement Coordinator at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Maverick County, Docket No. 2006-1812-MSW-E on June 19, 2007 assessing $2,040 in administrative penalties with $408 deferred.

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

An agreed order was entered regarding City of Oglesby, Docket No. 2006-1836-MWD-E on June 19, 2007 assessing $13,350 in administrative penalties with $2,670 deferred.

An agreed order was entered regarding Mercer Construction Company, Docket No. 2006-1848-WQ-E on June 19, 2007 assessing $1,800 in administrative penalties with $360 deferred.

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

An agreed order was entered regarding City of Coolidge, Docket No. 2006-1878-MWD-E on June 19, 2007 assessing $9,680 in administrative penalties with $1,936 deferred.

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

An agreed order was entered regarding Fas Mart Inc., Docket No. 2006-1909-PST-E on June 19, 2007 assessing $2,040 in administrative penalties with $408 deferred.

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

An agreed order was entered regarding Monarch Utilities I L.P., Docket No. 2006-1935-MWD-E on June 19, 2007 assessing $6,000 in administrative penalties with $1,200 deferred.

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

An agreed order was entered regarding Santos Construction, Inc., Docket No. 2006-1944-WQ-E on June 19, 2007 assessing $3,750 in administrative penalties.

An agreed order was entered regarding Larry E. Hutton, Docket No. 2006-1955-LII-E on June 19, 2007 assessing $625 in administrative penalties with $125 deferred.

An agreed order was entered regarding Chapel Hill Independent School District, Docket No. 2006-1956-MWD-E on June 19, 2007 assessing $9,240 in administrative penalties with $1,848 deferred.

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

An agreed order was entered regarding Rental Service Corporation, Docket No. 2006-1969-AIR-E on June 19, 2007 assessing $1,200 in administrative penalties with $240 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Bobby Sonny Johnson dba Blastmasters, Docket No. 2006-1971-AIR-E on June 19, 2007 assessing $4,200 in administrative penalties with $840 deferred.

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

An agreed order was entered regarding Econo Lube N' Tune, Inc., Docket No. 2006-1976-PST-E on June 19, 2007 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Phillip DeFrancesco, Enforcement Coordinator at (817) 588-5800, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding IBM, Inc. dba Stop & Save, Docket No. 2006-1977-PST-E on June 19, 2007 assessing $3,325 in administrative penalties with $665 deferred.

Information concerning any aspect of this order may be obtained by contacting Phillip DeFrancesco, Enforcement Coordinator at (817) 588-5833, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Pflugerville, Docket No. 2006-2000-MWD-E on June 19, 2007 assessing $10,350 in administrative penalties with $2,070 deferred.

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

An agreed order was entered regarding James L. Emmot, Docket No. 2006-2019-LII-E on June 19, 2007 assessing $625 in administrative penalties with $125 deferred.

An agreed order was entered regarding ASA Management, Inc. dba ASA Brownsville, Docket No. 2006-2034-PST-E on June 19, 2007 assessing $3,000 in administrative penalties with $600 deferred.

An agreed order was entered regarding PD Glycol LP, Docket No. 2006-2102-AIR-E on June 19, 2007 assessing $2,875 in administrative penalties with $575 deferred.

An agreed order was entered regarding Lucite International, Inc., Docket No. 2006-2104-AIR-E on June 19, 2007 assessing $2,600 in administrative penalties with $520 deferred.

An agreed order was entered regarding Dechard A. Hulcy, Docket No. 2006-2106-LII-E on June 19, 2007 assessing $200 in administrative penalties with $40 deferred.

An agreed order was entered regarding Energy Transfer Fuel, LP, Docket No. 2006-2255-AIR-E on June 19, 2007 assessing $1,875 in administrative penalties with $375 deferred.

A field citation was entered regarding Kent Distributors, Incorporated dba Kent Kwik 431, Docket No. 2007-0294-PST-E on June 19, 2007 assessing $1,750 in administrative penalties.

Information concerning any aspect of this citation may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding Jefferson County Correctional Facility, Docket No. 2007-0295-PST-E on June 19, 2007 assessing $875 in administrative penalties.

A field citation was entered regarding Lube Center Management, LTD. dba Jiffy Lube 823, Docket No. 2007-0357-PST-E on June 19, 2007 assessing $1,750 in administrative penalties.

TRD-200702691

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 27, 2007

Notice of Water Quality Applications

The following notices were issued on June 21, 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, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.

PERMIT NO. WQ0001923000; City of Garland, which operates the Ray Olinger Steam Electric Station, a power plant, has applied for a renewal of TPDES Permit No. WQ0001923000, which authorizes the discharge of once through cooling water commingled with steam condensate and storm water at a daily average flow not to exceed 404,000,000 gallons per day via Outfall 001; and low volume wastes and metal cleaning wastes on an intermittent and flow variable basis via evaporation. The draft permit authorizes the discharge of once through cooling water from Units 1, 2, and 3 commingled with steam condensate and storm water at a daily average flow not to exceed 404,000,000 gallons per day via Outfall 001; and low volume wastes and metal cleaning wastes on an intermittent and flow variable basis via evaporation. The facility is located four miles west of State Highway 78 at 13835 County Road 489 on the east shore of Lavon Lake, at Little Ridge Park, two and three eighths miles southwest of the City of Copeville, Collin County, Texas.

PERMIT NO. WQ0002449000; CHEMCENTRAL Southwest, L.P., which operates the CHEMCENTRAL Houston FM 529 facility, a bulk storage terminal for chemicals and allied products, has applied for a major amendment to TPDES Permit No. WQ0002449000 to authorize the addition of Outfall 003 which will discharge storm water on an intermittent restricted flow basis. The current permit authorizes of storm water on an intermittent and flow variable basis via Outfall 001 and wash water and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located 11235 Farm-to-Market Road 529, approximately 0.5 mile southwest of the intersection of U.S. Highway 290 and Farm-to-Market Road 529, near the City of Jersey Village, Harris County.

PERMIT NO. WQ0003099000; The Whitmore Manufacturing Company, which operates a facility that produces specialty lubricating oils greases and coatings has applied for a renewal of TPDES Permit No. WQ0003099000, which authorizes the discharge of storm water, once through noncontact cooling water, and boiler blowdown water on an intermittent and flow variable basis via Outfall 001. The authorization to discharge boiler blowdown has been removed from the draft permit at the request of the permittee.

PERMIT NO. WQ0003150000; South Coast Terminals, LP., which operates Wallisville Road WWTP a bulk storage and blending/packaging facility, has applied for a renewal of TPDES Permit No. WQ0003150000, which authorizes the discharge of hydrostatic test water, clean water rinsate and treated storm water on an intermittent and flow variable basis via Outfall 001, and clean water rinsate and storm water on an intermittent and flow variable basis via Outfall 002.

PERMIT NO. WQ0003749000; Hillman Shrimp and Oyster Company, which operates a fresh and frozen seafood processing and wholesale facility, has applied for a renewal of TPDES Permit No.WQ0003749000, which authorizes the discharge of seafood washwater, domestic wastewater, and effluent from Hillman's Seafood and Café, Inc. at a daily average flow not to exceed 70,000 gallons per day via Outfall 001. The facility is located at 10700 Hillman Drive, approximately 0.7 miles south-southeast of the intersection of State Highway 146 and Farm-to-Market Road 517, in the City of Texas City, Galveston County, Texas.

PERMIT NO. WQ0003987000; Jerry Lynn Cooper, 13510 Aldine Westfield Road, Houston, Texas 77039, which operates the Texas Remediation Service Wastewater Treatment Plant, a facility collecting and processing wastes from trucks handling septic and holding tank wastes, grease and grit trap wastes, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0003987000, which authorizes the discharge of treated wastewaters from trucks handling septic and holding tank wastes, grease and grit trap wastes at a daily average flow not to exceed 200,000 gallons per day via Outfall 001. The facility is located approximately 600 feet east-northeast of the intersection of Wallisville Road and Loop 610 East, in the City of Houston, Harris County, Texas.

PERMIT NO. WQ0010404004; City of Dilley has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0010404004, to authorize the discharge of filter backwash water from a water treatment plant at a daily average flow not to exceed 15,000 gallons per day. The facility is located approximately 200 feet east of U.S. Highway 81, approximately one mile south of the intersection of Miller Street (U.S. Highway 85) and Main Street (U.S. Highway 81) in Frio County, Texas.

PERMIT NO. WQ0010706001; City of Katy has applied for a major amendment to TPDES Permit No. 10706-001 to authorize a decrease in the discharge of treated domestic wastewater from an annual average flow not to exceed 3,450,000 gallons per day to an annual average flow not to exceed 3,075,000 gallons per day and to remove effluent limitations, and monitoring and reporting requirements for zinc. The facility is located at 25839 Interstate Highway 10 on the east bank of Cane Island Branch of Buffalo Bayou, approximately 1,000 feet south of Interstate Highway 10 in the City of Katy in Fort Bend County, Texas.

PERMIT NO. WQ0011180002; Texas Department of Criminal Justice has applied for a renewal of TPDES Permit No. WQ0011180002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located outside the southeast corner of the security compound of the Estelle Unit and approximately one mile east of the intersection of Farm-to-Market Road 3478 and the Estelle Unit entrance road in Walker County, Texas.

PERMIT NO. WQ0011367001; Stanley Lake Municipal Utility District has applied for a renewal of TPDES Permit No. 11367-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 972,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 972,000 gallons per day in the interim and final phases. The draft permit includes effluent limitations for ammonia-nitrogen in the final phase. The facility is located approximately 2,000 feet north of State Highway 105 and adjacent to Lake Conroe, approximately 10 miles west of the City of Conroe in Montgomery County, Texas.

PERMIT NO. WQ0011371001; Montgomery County Municipal Utility District No. 8 has applied for a major amendment to TPDES Permit No. 11371-001 to authorize the discharge of treated wastewater via an additional outfall, Outfall 002. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility is located on the north side of Old River Road in the eastern section of the Walden Subdivision, approximately 300 feet east of the Lake Conroe shoreline, approximately 6 miles northwest of the City of Conroe in Montgomery County, Texas.

PERMIT NO. WQ0012073001; Fort Bend County Municipal Utility District No. 26 has applied for a renewal of TPDES Permit No. 12073-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located at 1403 Lazy Springs Drive within the corporate limits of Missouri City approximately 0.4 miles east of the intersection of Farm-to-Market Road 2234 and Court Road in Fort Bend County, Texas.

PERMIT NO. WQ0013457001; Trinity River Authority of Texas has applied for a major amendment to TPDES Permit No. 13457-001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 5,000,000 gallons per day to an annual average flow not to exceed 7,000,000 gallons per day. The application also includes a request for a temporary variance to the existing water quality standards for the dissolved oxygen criterion for the receiving water, Denton Creek and the transition zone area for Grapevine Lake. The variance would authorize a three-year period to allow time for the applicant to perform a dissolved oxygen study to determine if a site specific standard is justified. Prior to the expiration of the three-year variance period, the Commission will consider the site-specific standards and determine whether to adopt the standards or require the existing water quality standards to remain in effect. The facility is located at 1687 U.S. Highway 377 north of Roanoke, approximately 1.5 miles north-northeast of the intersection of State Highway 114 and U.S. Highway 377 in Denton County, Texas.

PERMIT NO. WQ0014109001; Katy-Hockley Corp. has applied for a renewal of TPDES Permit No. 14109-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The facility is located approximately 300 feet southeast of the intersection of Katy Hockley Cutoff Road and Morton Road in Harris County, Texas.

PERMIT NO. WQ0014323001; Upper Trinity Regional Water District has applied for a renewal of TPDES Permit No. WQ0014323001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day in the final phase. The application also includes a request for a temporary variance to the existing water quality standards for Total Copper. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located approximately 4,250 feet northeast of the intersection of Mar-Top Road and Naylor Road (Farm-to-Market Road 424) and approximately 6,300 feet southeast of the intersection of U.S. Highway 380 and Naylor Road (Farm-to-Market Road 424), (a site 500 feet east of Naylor Road) in Denton County, Texas.

PERMIT NO. WQ0014343001; Terrabrook Cinco Ranch Southwest, L.P. has applied for a renewal of TPDES Permit No. WQ0014343001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,250,000 gallons per day. The facility is located approximately 500 feet east and 3,250 feet north of the intersection of Farm-to-Market Road 1093 and Farm-to-Market Road 723 in Fort Bend County, Texas.

PERMIT NO. WQ0014415001; La Joya Water Supply Corporation has applied for a renewal of TPDES Permit No. 14415-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,400,000 gallons per day. The facility will be located approximately one mile south of U.S. Expressway 83 on Guadalupe Flores Road and approximately 1,000 feet east of Guadalupe Flores Road in Hidalgo County, Texas.

PERMIT NO. WQ0014751001; The City of Coolidge has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014751001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located 4,500 feet northeast of the intersection of Farm-to-Market Road 73 and Farm-to-Market Road 1951 in Limestone County, Texas.

PERMIT NO. WQ0014781001; The City of La Villa has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014781001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located approximately 1300 feet west of the western levee of North Floodway and 2,500 feet north of State Highway 107, east of La Villa in Hildago County, Texas.

PERMIT NO. WQ0014784001Skymark Development Company, Inc. has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014784001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed exceed 450,000 gallons per day in the final phase. The facility is located approximately 0.5 miles east of the intersection of John F. Kennedy Boulevard and Greens Bayou 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-200702692

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 27, 2007

Texas Ethics Commission

List of Late Filers

Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Miller at (512) 463-5780 or (800) 325-8506.

Deadline: Lobby Activities Report due January 10, 2007

E. J. Agbonayinma, P.O. Box 1111, Stafford, TX 7749

Clemon Maddox, 2951 Kinwest Pkwy, Irving, TX 75063-3134

Bee Moorhead, 221 East 9th St., Ste. 403, Austin, TX 78701-2512

Jim C. Terrell, 14543 Robert Walker Blvd., Austin, TX 78728-6708

Deadline: Lobby Activities Report due February 12, 2007

Anthony Haley, 919 Congress Ave., Ste. 1130, Austin, TX 78701-2157

Mark Seale, P.O. Box 301805, Austin, TX 78703-0031

Jim Warren, 710 W. 30th St., Austin, TX 78705-2206

Deadline: Lobby Activities Report due March 12, 2007

Anthony Haley, 919 Congress Ave., Ste. 1130, Austin, TX 78701-2157

John Kroll, 919 Congress Ave., Ste. 1130, Austin, TX 78701-2157

Deadline: Lobby Activities Report due April 10, 2007

Thomas Rene Aguillon, 1900 Blue Crest Lane, San Antonio, TX 78246

Anthony Haley, 919 Congress Ave., Ste. 1130, Austin, TX 78701-2157

Deadline: Personal Financial Statement due April 30, 2007

Elsa Alcala, 1533 W. Alabama St., Ste. 100, Houston, Texas 77006-4105

Christopher Barbic, 930 Cortlandt St., Houston, Texas 77008-7058

James W. Bass Jr., 215 W 2nd St., Tyler, Texas 75701-3038

Nora Castaneda, 2806 Becky Lane, Harlingen, Texas 78550

Robert Earl Childress, 1714 Sabine Lane, Richmond, Texas 77469-7939

Jose E. de Santiago Sr., 15927 Jove St., Houston, Texas 77060-4417

Hector Farias, 705 S. Texas Blvd., Weslaco, Texas 78596-7051

David Gutierrez, 4022 88th St., Lubbock, Texas 79423-2913

Harry E. Johnson Sr., 3606 Crow Valley Dr., Missouri City, Texas 77459-3239

L. Suzan Kedron, 25 Highland Park Village, Ste. 100-102, Dallas, Texas 75205-2789

Shannon K. McClendon, 1302 Overland Stage Rd., Dripping Springs, Texas 78620-2303

Isabel C., Menendez, M.D., P.O. Box 849, Portland, Texas 78374-0849

William C. Morrow, 200 W. Wall St., Ste. 105, Midland, Texas 79701-4541

Cliff Mountain, 2909 Meandering River Court, Austin, Texas 78746-1955

Juan Sanchez Munoz, PhD., 8303 County Road 6915, Lubbock, Texas 79407-5727

Bruce Priddy, 17194 Preston Rd., Ste. 102-347, Dallas, Texas 75248-1227

Cindy Ramos-Davidson, 520 Pinar Del Rio Dr., El Paso, Texas 79932-1912

John W. Riddle, 12615 Brandi Lane, Willis, Texas 77378-2783

Lawrence M. Sampleton, Jr., 2900 Bunny Run, Austin, Texas 78746-1702

Heriberto Silva, 401 N. Britton Ave., Rm. 417, Rio Grande City, Texas 78582-2620

Whitney Thompson Smith, 21006 Highway 7 West, Marquez, Texas 77865-5197

Arthur N. Sosa, 3926 Panama Dr., Apt. 219, Corpus Christi, Texas 78415-3352

Gene Stallings, 6508 County Road 43200, Powderly, Texas 75473-5320

Ronald J. Suchecki, Jr., 1237 Autumn Oaks Cir, China Spring, Texas 76633-3414

Michael D. Thamm, 301 Depot Pl, Cuero, Texas 77954-3007

TRD-200702571

David A. Reisman

Executive Director

Texas Ethics Commission

Filed: June 20, 2007

Department of State Health Services

Notice of Availability of Texas Community Mental Health Services State Plan (Federal Community Mental Health Block Grant)

The Federal Community Mental Health Block Grant statute (42 USC 300x-51) requires that the Department of State Health Services (DSHS) make the Texas Community Mental Health Services State Plan available for public comment during its development.

DSHS is currently preparing the plan for Fiscal Year (FY) 2008 to describe the intended use of the Federal Community Mental Health Block Grant funds. These funds must be utilized by DSHS to develop new initiatives and/or enhance already existing service delivery systems for adults with severe mental illness and children with serious emotional disturbance.

When the draft of the FY2008 Texas Community Mental Health Services State Plan is available (on or about July 20, 2007), it may be obtained on the DSHS web site at the following address:www.dshs.state.tx.us/cpi/mhbg; or by contacting Mike Maples at: (512) 206-4747, or by mail at the address listed below.

Comments regarding the FY2008 Texas Community Mental Health Services State Plan should be directed to: MHBG@dshs.state.tx.us; or Mike Maples, Director, Program Services Unit, Community Mental Health and Substance Abuse Section, Department of State Health Services, Mail Code: 2018, 909 West 45th Street, Austin, Texas 78751.

Comments must be received by 5:00 p.m. Central Daylight Saving Time, Friday, August 17, 2007.

TRD-200702573

Linda Wiegman

Deputy General Counsel

Department of State Health Services

Filed: June 20, 2007

Notice of Opportunity for Public Comment on the Fiscal Year 2008 Statewide Substance Abuse Block Grant (Federal Substance Abuse Prevention and Treatment Block Grant)

Federal statutes (42 USC 300x-21-64) governing the Substance Abuse Prevention and Treatment Block Grant (SAPTBG) include provisions that require the state to provide an annual report of current service activities and make available for public comment a description of the intended use of block grant funds in advance of each federal fiscal year.

The funds made available through the SAPTBG are to be used for maintaining and enhancing a quality statewide substance abuse service system and highlighting priority issues related to federally funded substance abuse prevention and treatment services statewide. The SAPTBG Intended Use Plan may be found at: http://www.dshs.state.tx.us/cpi/saptbg; or by contacting Mike Maples at: (512) 206-4747, or by mail at the address listed below.

Public comments received will be considered in the preparation and development of the FY08 Continuation Application.

Comments regarding the FY2008 Substance Abuse Prevention and Treatment Block Grant should be directed to: SAPTBG@dshs.state.tx.us; or Mike Maples, Director, Program Services Unit, Community Mental Health and Substance Abuse Section, Department of State Health Services, Mail Code: 2018, 909 West 45th Street, Austin, Texas 78751.

Comments must be received by 5:00 p.m. Central Daylight Saving Time, Friday, August 17, 2007.

TRD-200702572

Linda Wiegman

Deputy General Counsel

Department of State Health Services

Filed: June 20, 2007

Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on July 25, 2007, at 9:00 a.m. to receive public comment on proposed rate increases for the non-state operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR). The ICF/MR program is operated by the Texas Department of Aging and Disability Services (DADS). The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star 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. 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. HHSC proposes to increase rates for non-state operated ICF/MRs. The proposed payment rates, which will be effective September 1, 2007, are as follows:

Proposed Medicaid Payment Rates-ICF/MR

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodology codified at Texas Administrative Code (TAC) Title 1, Chapter 355, Subchapter D, §355.456, Rate Setting Methodology, as proposed to be amended. The proposed amendment, which will appear in the July 6, 2007, issue of the Texas Register, requires that the current modeled rates be updated based on audited cost reports to the extent possible within available appropriations. These rates were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101 (relating to Introduction) and §355.109 (relating to Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs). These changes are being made in accordance with the 2008-09 General Appropriations Act (Article II, Special Provisions, Section 57, H.B. 1, 80th Legislature, Regular Session, 2007), which appropriated $20.2 million general revenue funds for the State Fiscal Year 2008-2009 biennium for Medicaid rate increases for the DADS' ICF/MR program.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after July 10, 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.

TRD-200702697

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 27, 2007

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on July 25, 2007, at 1:30 p.m. to receive public comment on proposed Medicaid rate increases for the Nursing Facility and Hospice-Nursing Facility Programs operated by the Texas Department of Aging and Disability Services (DADS). The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star 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. 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. HHSC proposes to increase rates for nursing facility services for all providers under the Nursing Facility and Hospice-Nursing Facility Programs. The proposed rates were determined in accordance with the rate setting methodologies listed below under ''Methodology and Justification.'' The proposed payment rates, which will be effective September 1, 2007, are as follows:

Rates by TILE (Texas Index for Level of Effort) class:

Figure: Rates by TILE

Facilities participating in the Enhanced Direct Care Staff Rate will receive one of the following payment rates per day in addition to the above payment rates based upon their level of enrollment in the Enhanced Direct Care Staff Rate:

Figure: Proposed Rates Per Diem

Facilities that verify liability insurance coverage acceptable to HHSC will receive one of the following payment rates per day in addition to the above payment rates based upon the type of liability insurance coverage they maintain:

Figure: Liability Insurance Proposed Rate Per Diem

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodologies codified at 1 TAC Chapter 355, Subchapter C, §355.307, Reimbursement Setting Methodology; §355.308, Direct Care Staff Rate Component; and §355.312, Reimbursement Setting Methodology - Liability Insurance Costs. These rates were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101 (relating to Introduction) and §355.109 (relating to Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs). These changes are being made in accordance with the 2008-09 General Appropriations Act (Article IX, Section 19.82, H.B. 1, 80th Legislature, Regular Session, 2007), which appropriated $27.0 million in general revenue funds for State Fiscal Year 2008 for provider rate increases for the DADS Nursing Facility Program.

TRD-200702696

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 27, 2007

Public Notice

The Texas Health and Human Services Commission (HHSC) announces it has submitted to the Centers for Medicare and Medicaid Services (CMS) an amendment to the Women's Health Program (WHP) demonstration waiver, which is a Medicaid family planning waiver under the authority of §1115 of the Social Security Act. HHSC proposes to amend the demonstration program by covering additional benefits and enhancing the reimbursement system for Federally Qualified Health Centers while maintaining budget neutrality. The proposed effective date of this amendment is September 1, 2007.

The Women's Health Program provides a limited, family planning benefit through Medicaid to uninsured Texas women ages 18-44, who meet income requirements and are U.S. citizens or qualified immigrants. The waiver program is authorized under Human Resources Code §32.0248, which lists the general categories of services which may be covered under the program.

The waiver amendment proposes to include the following new benefits under the program at the 90 percent federal financial participation rate: lipid panel; tuberculosis skin test; HIV confirmatory test; syphilis screening; radiological exam of the abdomen related to an intrauterine device; and facility fees for tubal ligation. These specific benefits are allowable under the general categories of services provided under the current waiver and under Human Resources Code §32.0248. These additional benefits will make WHP coverage more similar to the family planning services offered through the Department of State Health Services family planning programs funded through Titles V and XX of the Social Security Act and Title X of the Public Health Service Act. Accompanying the waiver amendment, HHSC has submitted an updated list of allowable procedure codes that reflects the addition of the proposed new benefits.

The waiver amendment also proposes to change the method by which Federally Qualified Health Centers (FQHCs) are reimbursed for providing waiver services. HHSC proposes that FQHCs be reimbursed using the prospective payment system at a per-visit encounter rate not to exceed three encounter rate reimbursements per client per calendar year. Currently, WHP reimburses FQHCs one encounter rate per client per year for all family planning services provided, except for the provision of an intrauterine device (IUD). FQHCs are reimbursed an additional encounter rate for the provision of an IUD. This change in the reimbursement method aligns the Women's Health Program waiver with changes legislatively mandated in the 2008-09 General Appropriations Act (Article II, Health and Human Services Commission, Rider 48, H.B. 1, 80th Legislature, Regular Session, 2007).

This amendment to the demonstration waiver will maintain budget neutrality for each year that the waiver is in effect. The waiver has been approved for a five-year period from 2007 through 2011.

To obtain copies of the waiver amendment, interested parties may contact Carmen Samilpa-Hernandez by mail at Health and Human Services Commission, P.O. Box 85200, H-620, Austin, Texas 78708-5200; by telephone at (512) 491-1128; by facsimile at (512) 491-1953; or by e-mail at carmen.samilpa-hernandez@hhsc.state.tx.us. Comments on the proposed waiver amendment may be submitted by mail to Ms. Samilpa-Hernandez at the above address.

TRD-200702694

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 27, 2007

Texas Higher Education Coordinating Board

Request for Offers for Consulting Services

The Texas Higher Education Coordinating Board (hereinafter referred to as THECB) is soliciting offers from organizations (hereinafter referred to as Consultant) for consulting services to advise THECB on the Texas Association of Developing Colleges (hereinafter referred to as TADC) Centers for Teacher Education. The ultimate objectives of this Request for Offers (hereinafter referred to as RFO) are to 1) facilitate and coordinate a collaborative strategic planning process to involve TADC college administration in planning for collaborative distance education, upgrading of technology, curriculum development and redesign and improvement of TExES/ExCET preparation; 2) work in collaboration with the Texas Higher Education Coordinating Board and TADC college administration to identify training needs of college faculty in the centers for teacher education in the areas related to distance education, curriculum development and improvement of TExES/ExCET preparation; 3) facilitate and coordinate college administration and faculty professional development workshops to meet areas of need for delivery of distance education, curriculum development and redesign and improvement of TExES/ExCET preparation; and 4) report progress in TADC teacher education enrollment, level of participation in the distance education program, successful student placements, and other evaluative measures.

This Request for Offer is being made pursuant to authority granted under Texas Government Code, Chapter 2254, subchapter B, §2254.026 (relating to contracts with private consultants).

1. GENERAL BACKGROUND:

The Texas Legislature established the Centers for Teacher Education Program during the74th legislative session. The Texas Higher Education Coordinating Board was given the assignment of managing the program and has provided trusteed funds to support the programs at several historically Black Colleges. These institutions collectively form the Texas Association of Developing Colleges (TADC) and include Jarvis Christian College in Hawkins, Paul Quinn College in Dallas, Texas College in Tyler, Huston-Tillotson University in Austin, and Wiley College in Marshall. These colleges are private, general academic, minority-serving institutions and the funds appropriated are used for the purpose of supporting their centers for teacher education. The purpose of the Centers for Teacher Education at the participating institutions is to 1) recruit, train and place qualified minorities in the teaching profession; 2) integrate technology into the institutions? teacher preparation programs; and 3) provide and participate in at least two courses per semester via distance education technologies.

THECB retains a small percentage of the appropriations made for the teacher education centers for the costs of on-site monitoring and distribution of funds and, uses a portion of the amounts retained to obtain the services of a consultant to facilitate and coordinate the process of curriculum development and program redesign to improve teacher preparation at the participating institutions. The consultant assists with the administrative oversight of the various teacher education activities, coordinates the quarterly meetings that are held in Dallas, and works closely with THECB staff.

2. CONTRACT TERM:

2.1 The contract resulting from this RFO, shall commence on the execution date and shall terminate on August 31, 2008 or upon the completion of Consultant's work described herein, whichever occurs first, unless terminated earlier pursuant to terms and conditions of the anticipated contract resulting from this RFO.

3. SCOPE OF WORK:

3.1 Overview

Consultant shall facilitate and coordinate a collaborative strategic planning process to involve TADC college administration in planning for collaborative distance education, upgrading of technology, curriculum development and redesign and improvement of TExES/ExCET preparation; work in collaboration with the Texas Higher Education Coordinating Board and TADC college administration to identify training needs of college faculty in the centers for teacher education in the areas related to distance education, curriculum development and improvement of TExES/ExCET preparation; facilitate and coordinate college administration and faculty professional development workshops to meet areas of need for delivery of distance education, curriculum development and redesign and improvement of TExES/ExCET preparation; and report progress in TADC teacher education enrollment, level of participation in the distance education program, successful student placements and other evaluative measures.

Consultant shall be solely responsible and accountable for managing and completing all activities, tasks, milestones and deliverables in accordance with the Scope of Work and the deliverables commitment of this RFO. Assignment of THECB staff to assist Consultant in its responsibility shall in no way release the Consultant from its responsibility for completing any work or delivering any products set forth in this RFO, its Statement of Work or resulting contract.

3.2 Phase I - Proposal

Consultant shall provide to THECB a proposal of services to be performed, a proposed plan of action to be taken to achieve the goals set forth in this agreement, and evaluation of the attainment of the goals and objectives set forth by the agreement. The proposal must include specific objectives and timelines for meeting each phase of the plan. The proposal must also include consultant's travel costs to TADC schools named in Section 1 or other sites within Texas.

3.2.1 In response to this RFO, the Consultant must:

1. provide a detailed description of Consultant's suggested methodology, approach and alternatives to meeting Phase I objectives;

2. propose a detailed description of the tasks, activities, resources and time lines for performing Phase I objectives (the description should be sufficiently detailed to include in a Statement of Work for the contract);

3. provide a brief description of Consultant's qualifications to perform Phase I objectives;

4. describe Consultant's prior experience in performing Phase I type objectives, with an emphasis on prior experience with public sector contracts and describe how organizations responded to Consultant's recommendations; and

5. provide a list of references where Phase I type objectives were met, including for each reference: the name of the organization, the name, title, address and telephone number of a contact person and a brief description of the services performed.

3.3 Phase II - Progress Reports

3.3.1 Consultant shall submit to THECB a progress report providing information on 1) all records of evidence of expenditure of funds to assist the TADC school's efforts to improve student recruitment and retention; 2) evidence of professional development activities at the TADC schools to date; 3) report on the extent to which library, mathematics, science, technology laboratories and other facilities at the TADC schools have been enhanced; 4) evaluation of changes in curricula to better match TExES/ExCET competencies and outcomes at TADC schools; 5) evaluation of the effectiveness of technology integration to date at TADC schools; 6) summary of expenditures for personnel related to improved educator preparation at TADC schools; and 7) summary evidence that library holdings have been enhanced in the areas of certification at TADC schools.

3.3.2 In response to this RFO, the Consultant must:

1. provide a detailed description of Consultant's suggested methodology, approach and alternatives to meeting Phase II objectives;

2. propose a detailed description of the tasks, activities, resources and time lines for performing Phase II objectives (the description should be sufficiently detailed to include in a Statement of Work for the contract);

3. provide a brief description of Consultant's qualifications to perform the Phase II objectives;

4. describe Consultant's prior experience in performing Phase II type objectives with emphasis on prior experience with public sector contracts; and

5. provide a list of references where Phase II type objectives were met, including for each reference: the name of the organization, the name, title, address and telephone number of a contact person and a brief description of the services performed.

3.4 Phase III - Final Report

3.4.1 Consultant shall submit a final report to THECB evaluating the effectiveness of the funds for improving teacher education at the TADC schools and detailing their progress to date in achieving the following: 1) improving the TExES/ExCET pass rate for TADC initial test-takers and final pass rates; 2) increasing the number of students enrolled in the teacher preparation program at TADC schools; 3) increasing the graduation rate of teacher preparation candidates at TADC schools; 4) integrating existing technology into teacher preparation at TADC schools; and 5) summary evidence that courses are sent per semester via distance education technologies at TADC schools.

3.4.2 In response to this RFO, the Consultant must:

1. provide a detailed description of Consultant's suggested methodology, approach and alternatives to meeting Phase III objectives;

2. propose a detailed description of the tasks, activities, resources and time lines for performing Phase III objectives (the description should be sufficiently detailed to include in a Statement of Work for the contract);

3. provide a brief description of Consultant's qualifications to perform the Phase III objectives;

4. describe Consultant's prior experience in performing Phase III type objectives; and

5. provide a list of references where Phase III objectives were met, include for each reference: the name of the organization, the name, title, address and telephone number of a contact person and a brief description of the services performed.

3.5 Audit

Consultant understands that acceptance of state funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to audit or investigate the expenditure of state funds under this contract. Consultant further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Consultant will ensure that this clause concerning authority to audit state funds received indirectly by subcontractors through the Consultant and the requirement to cooperate is included in any subcontract it awards.

3.6 Contract Deliverables

3.6.1 Consultant shall, in a good and satisfactory manner, carry out the tasks necessary to provide analysis, advice, recommendations, performances and Deliverables as called for in this RFO and in accordance with the Scope of Work. Such performances shall be rendered at schools named in Section 1 or other sites within Texas as hereinafter named by THECB or its designee, unless THECB, or its designee, shall otherwise specify in writing.

3.6.2 Substantive Outlines. As an interim deliverable, Consultant shall produce and present to THECB, for review and approval, a substantive outline for the work and content for: Phase I, Phase II, and Phase III. The substantive content of each outline shall include at a minimum a proposed final report format and a substantive discussion of the approach and methodology for the work to be performed. THECB and Consultant shall adjust or revise the scope of each outline to more clearly define the Scope of Work.

3.6.3 Draft Reports. As an interim deliverable, Consultant shall produce and present to THECB, for review and approval, an interim draft report for: Phase I, Phase II, and Phase III. This deliverable shall include: appendices with statistical data supporting findings, conclusions and recommendations. Consultant shall also include: charts, graphs, and other visual representations of core findings, conclusions and recommendations. The Consultant shall make such corrections to substance and content as identified by THECB. The Consultant shall make such adjustments and modifications to draft report as identified by THECB.

3.6.4 Final Reports. As a final contract Deliverable, Consultant shall produce a written report for: Phase I, Phase II, and Phase III. The specific organization and substantive content of each report shall be resolved throughout the project, with emphasis during the interim deliverable stages. Each report shall include the following topics and such other topics, which are specifically agreed upon between THECB and Consultant and the report must thoroughly resolve the particular issues unique to each deliverable:

Table of Contents

Executive Summary

Scope and Objectives

Summary of Significant observations and Conclusions

Overall Conclusions and Recommendations

Background

Detailed Scope and Objectives

Methodology

Assumptions

Detailed Findings and Observations

Analysis

Recommendations

Conclusion

Appendices

3.6.5 Status Reporting. During scheduled bi-weekly meetings, Consultant shall provide oral reports on Project progress and schedule, and a schedule of the next period's activities. Consultant shall document by written minutes of the meetings. Details of the period's activities shall include:

planned schedule versus actual schedule;

any problems encountered and status;

any failures to meet deadlines and proposed solutions; and

any deviations from the Scope of Work;

The Consultant shall disclose at the meeting the impact that any problems, failures or deviations have on the scheduled completion of tasks and work segments, the Phase, and the entire Project. Bi-weekly meetings may be by telephone conference call.

The Consultant shall submit to THECB a written report of schedule and/or content variances from the Scope of Work for each Phase, at the deliverable, task and activity levels, within five (5) working days from the time of their occurrence.

The Consultant shall submit monthly written reports to THECB that shall encompass:

the overall status of the Project, including unanticipated problems and delays and the impact on Project completion;

the prior month's accomplishments;

any outstanding problems and/or issues and proposed solutions; and

upcoming activities.

At a minimum, Consultant shall illustrate all upcoming activities using work plans specifically identifying tasks, personnel and begin and end dates.

3.6.6 Consultant and THECB shall develop a tentative schedule for periodic meetings with THECB. The meetings shall be for the purpose of providing information and additional guidance to Consultant in the performance of the Scope of Work. THECB may request interim advice from Consultant at such meetings. If appropriate, such meetings may coincide with regularly scheduled meetings to report status.

3.6.7 THECB shall have thirty (30) business days following delivery of the interim or final products, Deliverables or Services ("Acceptance Period"), to accept or reject any products, Deliverables or Services ("Deliverable") tendered by Consultant in performance under this RFO or resulting contract. Tendering to THECB a Deliverable for Acceptance constitutes a certification by the Consultant that the Deliverable fully meets all of the requirements in the RFO, Scope of Work and any resulting contract. In the event THECB elects to reject a Deliverable during the Acceptance Period, THECB shall notify Consultant in writing of such rejection. THECB shall assist Consultant in identifying the error, type of error or inadequacy of the Deliverable, to permit Consultant to understand the cause of the error or inadequacy and correct the error or inadequacy. Upon Consultant's resolution of any errors or inadequacies, identified during the Acceptance Period, the Deliverable shall be resubmitted to THECB for acceptance or rejection as stated above. Acceptance of the Deliverable(s) shall be in writing by an authorized representative of THECB ("Acceptance").

3.6.8 Time is of the essence in completing the Deliverables Phases I-III Deliverables. Completion for the Deliverables for Phases I-III is required no later than August 8, 2008. Consultant should provide proposed completion dates in the format below in order to meet the project completion date of August 31, 2008.

Phase I:

Substantive Outline: tendered to THECB on or before September 21, 2007;

Interim Draft Report: tendered to THECB on or before October 5, 2007;

Final Report: tendered to THECB on or before October 26, 2007;

Status Reports, according to the schedule;

In-person-report(s).

Phase II:

Substantive Outline: tendered to THECB on or before November 9, 2007;

Interim Draft Report: tendered to THECB on or before January 11, 2008;

Final Report: tendered to THECB on or before March 3, 2008;

Status Reports, according to the schedule;

In-person-report(s).

Phase III:

Substantive Outline: tendered to THECB on or before May 2, 2008;

Interim Draft Report: tendered to THECB on or before June 13, 2008;

Final Report: tendered to THECB on or before August 8, 2008

Status Reports, according to the schedule;

In-person-report(s).

3.6.9 As an additional Deliverable, Consultant shall make "in person" presentations of its findings, analysis, conclusions and recommendations on such dates, times, and places in Austin, Travis County, Texas as requested by THECB. Such presentations may include audiences internal or external to THECB. THECB anticipates that no more than two or three such presentations shall be required. These presentations may occur, within an 18-month time frame following the Acceptance of the final report(s).

4. OFFER PROCESS

4.1 Questions relating to the RFO. Consultant is expected to examine this Request for Offers (RFO) carefully, understand the terms and conditions for providing the pertinent services, and respond completely. Failure to respond completely may result in disqualification. Questions about this RFO shall be directed, in writing only, to the address provided below, on company letterhead or via e-mail. Verbal questions and explanations are not permitted. Electronic submissions by facsimile shall be accepted. THECB reserves the right to provide or not to provide additional clarification in response to Consultant's questions. To be eligible to receive Consultant questions and responses to this RFO, if any, the Consultant, must file a written letter of interest with THECB no later than 2:00 p.m. on Friday, August 3, 2007. No inquiries or questions shall be answered after 2:00 p.m. on Friday, August 3, 2007 to allow ample distribution time for any changes. Any questions or letters of interest regarding this RFO may be directed to:

Dr. Susan Hetzler, Program Director for Educator Preparation

Academic Affairs and Research Division

Texas Higher Education Coordinating Board

P. O. Box 12788

Austin TX 78711

4.2 Delivery of Offer. A signed original and five (5) copies of the offer must be received by THECB, no later than 5:00 p.m., Central Time, August 24, 2007. Any offer received after the specified time and date shall not be considered. Conditioned on THECB's receipt of the requisite finding of fact from the Governor's Budget and Planning Office pursuant to Texas Government Code §2254.028, THECB anticipates entering into the resultant contract on or about September 1, 2007. The Consultant's offers shall be delivered to:

Dr. Susan Hetzler, Program Director for Educator Preparation

Academic Affairs and Research Division

Texas Higher Education Coordinating Board

1200 East Anderson Lane

Austin TX 78752

P.O. Box 12788, Austin TX 78711

4.3 THECB Reservation of Rights. THECB has sole discretion and the absolute right to reject any and all offers, terminate this Request for Offers or amend, delay or re-issue this Request for Offers. THECB reserves the right to remedy technical errors in the RFO process, waive any informalities and irregularities relating to any or all Offers submitted in response to this request and to negotiate modifications necessary to improve the quality or cost effectiveness of any Offer to THECB. THECB further reserves the right to accept one or more offers and contract for any grouping or individual Deliverables described in this RFO. The issuance of this Request for Offers does not constitute a commitment by THECB to award any contract. THECB intends any material provided in this Request for Offers only and solely as a means of identifying the scope of services and qualifications sought.

4.4 Expenses for Preparing Offer. THECB shall not pay any cost incurred by a prospective Consultant in the preparation of a response to this Request for Offers and such costs shall not be included in the budget of the prospective Consultant submitted pursuant to this Request for Offers. The State of Texas assumes no responsibility for expenses incurred in the preparation of responses to this Request for Offers. In the event that the prospective Consultant is engaged to provide the services contemplated by this Request for Offers, any expenses incurred by the prospective Consultant associated with the negotiation and execution of the contract for the engagement shall remain the obligation of the Consultant.

4.5 Non-responsive Offers. Failure to respond to all required portions of this RFO may result in the Consultant's response being deemed non-responsive. If a Consultant's response is deemed non-responsive by THECB, the response shall be disqualified. Offers must be signed by an officer or principal of the Consultant, however, they may be signed by an agent if accompanied by written evidence of authority.

4.6 Duration of Offer. All provisions in Consultant's Offer, including any estimated or projected costs, shall remain valid for ninety (90) days following the deadline date for submissions or if an Offer is selected, throughout the entire term of the Contract. Offers may be withdrawn in writing prior to the date and time set for receipt of Offers.

4.7 Negotiation with Consultant. Preliminary and final negotiations with top-ranked prospective Consultants may be held at the discretion of THECB. THECB may decide, at its sole option and in its sole discretion, to negotiate with one, several, or none of the prospective Consultants submitting Offers pursuant to this request. During the negotiation process, THECB and any prospective Consultant(s) with whom THECB chooses to negotiate, may adjust the scope of the services, alter the method of providing the services, and/or alter the costs of the services so long as the changes are mutually agreed upon and are in the best interest of THECB. Statements made by a prospective Consultant in the Offer packet or in other appropriate written form shall be binding unless specifically changed by the Consultant, in writing, during final negotiations. A contract award may be made by THECB without negotiations if THECB determines that such an award is in THECB's best interest.

4.8 Selection Criteria. THECB shall conduct an evaluation of all offers that conform to the requirements of this RFO. In selecting a consultant, THECB shall: (1) base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and (2) if other considerations are equal, give preference to a consultant whose principal place of business is in the State of Texas or who shall manage the consulting contract wholly from an office in the State of Texas. Conforming offers shall be reviewed by a Selection Committee consisting of THECB staff members.

4.9 Award/Contract Subject to Available Appropriations. This Request for Offers and any contract which may result from it are subject to appropriation of State funds and the Request for Offers and/or contract may be terminated at any time if such funds are not available.

4.10 Public Information. All offers are considered to be public information subsequent to an award of the contract. All information relating to Offers shall be subject to the Public Information Act, Texas Government Code Annotated, Chapter 552, after the award of the contract. All documents shall be presumed to be public unless a specific exception in that Act applies. Prospective Consultants are requested to avoid providing information which is proprietary, but if it is necessary to do so, offers must specify the specific information which the prospective Consultant considers to be exempted from disclosure under the Act and those pages or portions of pages which contain the protected information must be clearly marked. The specific exemption that the prospective Consultant believes protects that information must be cited. THECB shall assume that an Offer submitted to THECB contains no proprietary or confidential information if the prospective Consultant has not marked or otherwise identified such information in the offer at the time of its submission to THECB.

4.11 Negotiation of Contract Terms and Conditions. At any time after the offers are opened, THECB may negotiate contract terms and conditions with one or more of the Consultants. An award of a contract is expressly conditioned upon THECB and Consultant reaching an agreement on contract terms and conditions. THECB reserves the sole right, in its discretion, to determine if contract terms and conditions are acceptable. If the Consultant and THECB are unable to reach an agreement on the contract terms and conditions, THECB shall disqualify that Consultant, and then THECB shall negotiate contract terms and conditions with the next best Consultant.

4.12 Return of Offers After Selection Process. All offers become property of THECB upon receipt and shall not be returned.

4.13 Ethics Standards. No person shall participate or assume a responsibility in the implementation and execution of this RFO process including, but not limited to, the evaluation of offers and selections of Consultant's, when such participation constitutes a conflict of interest as defined by state law or executive order. After the RFO is published, THECB or any employee shall not furnish any technical information, or solicit offers and/or prices for its requirements or take any type of action which would or could be construed to give a direct or indirect advantage or disadvantage to any potential Consultant.

4.14 Restrictions on Communication. After the RFO has been issued, Consultant is prohibited from communicating with THECB staff regarding the RFO or offers, with the following exceptions:

Dr. Susan Hetzler, in writing;

The Committee, if interviews are conducted;

THECB reserves the right to contact any Consultant for clarification after responses are opened and/or to further negotiate with any Consultant if such is deemed desirable by THECB.

THECB shall not schedule meetings with representatives of any Consultant to discuss offers, and Consultant should not contact THECB employees to explain, clarify or discuss their Offers before an award has been made except as set out in this section. Violation of this provision may lead to disqualification from this process.

5. CONTENT OF OFFERS

5.1 All Offers must be typed, double spaced, on 8 1/2" x 11" paper, clearly legible, with all pages sequentially numbered and bound or stapled together. The name of the prospective Consultant must be typed at the top of each page. Do not attach covers, binders, pamphlets, or other items not specifically requested.

5.2 A Table of Contents must be included with respective page numbers opposite each topic. The Offer must contain the following completed items in the following sequence:

Transmittal Letter: A letter addressed to Dr. Susan Hetzler, Program Director for Educator Preparation, Academic Affairs and Research Division, Texas Higher Education Coordinating Board, PO Box 12788, Austin, TX 78711 that identifies the person or entity submitting the Offer and includes a commitment by that person or entity to provide the services required by THECB. The letter must specifically identify that this Offer is in reference to THECB Texas Association of Developing Colleges-Centers for Teacher Education RFO. The letter must include "full acceptance of the terms and conditions of the contract resulting from this Request for Offers." Any exceptions must be specifically noted in the letter. However, any exceptions may disqualify the Offer from further consideration at THECB's discretion. The letter must state, "The Offer enclosed is binding and valid at the discretion of THECB."

Executive Summary: The Offer must include a summary of the contents of the Offer, excluding cost information. Address services that are offered beyond those specifically requested as well as those offered within specified deliverables. Explain any missing or other requirements not met, realizing that failure to provide necessary information or offer required service deliverables may result in disqualification of the Offer.

Project Offer: The Offer must track and reference each section number in Section 3 Scope of Work. Consultant should provide a substantive description of how Consultant proposes to satisfy each item. If Consultant cannot satisfy a particular item or requirement, then Consultant must clearly identify the items or requirements it cannot satisfy. If Consultant believes it can best meet the needs of THECB by suggesting a modification to the Scope of Work, please suggest alternatives. If an alternative is proposed, please include a separate section identified as "Alternative Offer to Section X.X." THECB reserves the right to not consider alternative Offers. If a response requires Consultant to assume facts not presented in the RFO, Consultant must clearly identify such assumed facts. If a section requests specific information, please include the requested information.

Cost Offer: THECB is interested in awarding a fixed fee contract. Because THECB may enter into a contract for all or some of the deliverables, please identify each deliverable and the corresponding fee and include a proposed schedule of payments. Consultant is welcome to suggest alternative fee Offers, but if an alternative is offered, please clearly identify that the fee Offer is an alternative. The THECB reserves the right to not consider alternative Offers.

Qualifications: While THECB is interested in the experience and qualifications of Consultant's firm or company, THECB is particularly interested in the experience of the individual staff Consultant intends to apply to this engagement. Therefore, please include information relating to the firm's or company's experience and qualification and please attach detailed resumes for each staff that Consultant intends to apply to this engagement. The resumes should identify the specific experience, projects and assignments for each staff offered. Emphasis should be placed on similar projects within the public sector and/or higher education.

References: Prospective Consultants shall provide the names of at least three (3) different references meeting the following criteria:

1. The reference company or entity must have engaged the prospective Consultant for the same or similar services as those to be provided in accordance with the terms of this Request for Offers.

2. The services must have been provided by the prospective Consultant to the reference company or entity within the five (5) years preceding the issuance of this Request for Offers.

3. The reference company or entity must not be affiliated with the prospective Consultant in any ownership or joint venture arrangement.

4. References must include the company or entity name, address, contact name, and telephone number for each reference. THECB may not be used as a reference. The contact name must be the name of a senior representative of the reference company or entity who was directly responsible for interacting with the prospective Consultant throughout the performance of the engagement and who can address questions about the performance of the prospective Consultant from personal experience. References shall accompany the Offer.

5. For each such reference, the prospective Consultant shall provide a signed release from liability in the form of a letter addressed to the reference company or individual signed by Consultant for each reference provided in response to this requirement. The release from liability shall absolve the specified reference company or entity from liability for information provided to THECB concerning the prospective Consultant's performance of its engagement with the reference.

Financial Condition: As part of any Offer submission, the prospective Consultant must include information regarding financial condition, including income statements, balance sheets, and any other information which accurately shows the prospective Consultant's current financial condition. All offers shall include the Consultant's State of Texas vendor identification number or federal tax identification number. THECB reserves the right to request such additional financial information as it deems necessary to evaluate the prospective Consultant, and by submission of an Offer, the prospective Consultant agrees to provide same. The prospective Consultant must disclose if and when it has filed for bankruptcy within the last seven (7) years. For prospective Consultants conducting business as a corporation, partnership, limited liability partnership, or other form of artificial person, the prospective Consultant must disclose whether any of its principals, partners, or officers have filed for bankruptcy within the last seven (7) years.

Certifications/Affirmations/Disclosures: By signing the transmittal letter and submitting an Offer, Consultant makes and agrees to make the following certifications, affirmations and disclosures. If any explanation or qualification is required for any certification, affirmation or disclosure, you must include such explanation or qualification in your transmittal letter. A false statement or misleading statement in this section is a material breach of contract and shall void the submitted Offer or any resulting contracts. Please restate each of the following certifications, affirmations or disclosures in this section of your Offer.

1. The Consultant has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer.

2. The Consultant is not currently delinquent in the payment of any franchise tax owed the State of Texas.

3. Neither the Consultant nor the firm, corporation or partnership or institution represented by the Consultant or anyone acting for such firm, corporation or institution has violated the antitrust laws of this State, the Federal antitrust laws nor communicated directly or indirectly the Offer made to any competitor or any other person engaged in such line of business.

4. The Consultant has not received compensation for participation in the preparation of the specification for this Offer.

5. Pursuant to Texas Family Code, §231.006 (relating to delinquent child support), the Consultant certifies that the individual or business entity named in this Offer is not ineligible to receive a specified payment and acknowledge that this contract may be terminated and payment may be withheld if this certification is inaccurate.

6. An Offer must include the names and Social Security Numbers of each person with at least a 25% ownership of the business entity submitting this Offer.

7. Pursuant to §2155.004 Government Code (relating to issuance of warrants to persons indebted to the State or who owe delinquent taxes to the State) the Consultant certifies that the individual or business entity named in this Offer is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

8. Consultant acknowledges and agrees that, to the extent Consultant owes any debt or delinquent taxes to the State of Texas, in accordance with §403.055(h), Government Code, any payments Consultant is owed under this Agreement shall be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Consultant owes the State of Texas until the debt or delinquent taxes are paid in full.

9. Pursuant to Article 2.45 of the Texas Business Corporation Act, Consultant must certify that it is not delinquent in a tax owed to the State under Chapter 171 of the Texas Tax Code. Any Consultant who is delinquent may not be awarded a contract by the State.

10. With respect to all services, if any, purchased pursuant to this RFO, Consultant represents and warrants that it shall buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and in a comparable period of time when compared to non-Texas products and materials.

11. Consultant certifies that if a Texas address is shown as the address of the vendor, Vendor qualifies as a Texas Resident Bidder as defined in Rule 1 TAC §111.2.

12. If the consultant is an individual not residing in Texas or a business entity not incorporated in or whose principal domicile is not in Texas, the consultant certifies that it either: (a) holds a permit issued by the Texas comptroller to collect or remit all state and local sales and use taxes that become due and owing as a result of the consultant's business in Texas; or (b) does not sell tangible personal property or services that are subject to the state and local sales and use tax.

13. If the Consultant is an individual who has previously been employed by THECB or any other Texas state agency at any time during the two years preceding their Offer, the Consultant must disclose the following:

the nature of the previous employment with THECB or any other state agency;

the date the employment was terminated;

the annual rate of compensation for the employment at the time of the Consultant's termination.

If a Consultant is subject to this disclosure and fails to make such a disclosure, the Offer shall be disqualified.

TRD-200702689

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: June 27, 2007

Texas Department of Housing and Community Affairs

Notice of Public Hearing

Single Family Mortgage Revenue and Refunding Bonds

Taxable Single Family Mortgage Revenue Bonds

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at 221 East 11th Street, Room 107, Austin, Texas, at 12:00 noon on August 2, 2007, with respect to (i) an issue of tax-exempt single family mortgage revenue bonds to be issued in one or more series in an aggregate face amount of not more than $161,000,000 (the "Tax-Exempt New Money Bonds"), (ii) an issue of tax-exempt single family mortgage revenue refunding bonds to be issued in one or more series in an aggregate face amount of not more than $30,000,000 (the "Tax-Exempt Refunding Bonds" and together with the Tax Exempt New Money Bonds, collectively, the "Tax-Exempt Bonds") and (iii) an issue of taxable single family mortgage revenue bonds to be issued in an aggregate face amount of not more than $30,000,000 (the "Taxable New Money Bonds" and together with the Tax-Exempt Bonds, collectively, the "Bonds").

A portion of the proceeds of the Tax-Exempt New Money Bonds will be used directly to make single family residential mortgage loans. A portion of the proceeds of the Tax-Exempt Refunding Bonds will be used to refund all or a portion of the Department's outstanding Single-Family Mortgage Revenue Refunding Tax-Exempt Commercial Paper Notes, Series A, thereby making funds available to make additional single family residential mortgage loans. A portion of the Taxable New Money Bonds will be used directly to make single family residential mortgage loans. All of such single family residential mortgage loans will be made to eligible very low, low and moderate income homebuyers for the purchase of homes located within the State of Texas, and are expected to be in an aggregate estimated amount of $221,000,000.

For purposes of the Department's mortgage loan finance programs, eligible borrowers generally will include individuals and families whose family income does not exceed, (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income, and (ii) for individuals and families of two persons, 100% (120% in certain targeted areas) of the area median income. In addition, substantially all of the borrowers under the programs will be required to be persons who have not owned a principal residence during the preceding three years (except in the case of certain targeted area residences). Further, residences financed with loans under the programs will be subject to certain other limitations, including limits on the purchase prices of the residences being acquired. All the limitations described in this paragraph are subject to revision and adjustment from time to time by the Department pursuant to applicable federal law and Department policy.

All interested parties are invited to attend such public hearing to express their views with respect to the Department's mortgage loan finance program and the issuance of the Bonds. Questions or requests for additional information may be directed to Heather Hodnett at the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701; (512) 475-1899.

Persons who intend to appear at the hearing and express their views are invited to contact Heather Hodnett in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Heather Hodnett prior to the date scheduled for the hearing.

The Department's website: www.tdhca.state.tx.us/hf.htm.

Individuals who require auxiliary aids for the hearing should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989 at least two days before the hearing so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for the hearing should contact Heather Hodnett at (512) 475-1899 at least three days before the hearing so that appropriate arrangements can be made. 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.

This notice is published and the above-described hearing is to be held in satisfaction of the requirements of State law and Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exclusion from gross income for federal income tax purposes of interest on the Tax-Exempt Bonds.

TRD-200702669

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 26, 2007

Texas Department of Insurance

Company Licensing

Application to change the name of ATLANTIC TITLE INSURANCE COMPANY to TRANSUNION NATIONAL TITLE INSURANCE COMPANY, a foreign title company. The home office is in Columbia, South Carolina.

Application to change the name of WINDSOR INSURANCE COMPANY to INFINITY STANDARD INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Indianapolis, Indiana.

Application to change the name of ATLANTA SPECIALTY INSURANCE COMPANY to INFINITY SPECIALTY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Cincinnati, Ohio.

Application to change the name of ATLANTA CASUALTY COMPANY to INFINITY CASUALTY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Cincinnati, Ohio.

Application to change the name of LEADER INSURANCE COMPANY to INFINITY AUTO INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Cincinnati, Ohio.

Application to change the name of LEADER SPECIALTY INSURANCE COMPANY to INFINITY INDEMNITY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Indianapolis, Indiana.

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-200702690

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 27, 2007

Notice of Public Hearing 2006 Texas Title Insurance Biennial Hearing

Notice is hereby given that a title insurance hearing will be held before the Commissioner of Insurance. The hearing will consist of a rulemaking phase and a ratemaking phase. The rulemaking phase, under Docket No. 2668, will be for the consideration of rules, forms, and endorsements, and related matters not having primary rate implications. The ratemaking phase, under Docket No. 2669, will be for the consideration of fixing the premium rate and other matters with direct rate implications. The hearing for the rulemaking phase will begin at 9:30 a.m., in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, on September 5, 2007, and continue thereafter at dates, times, and places designated by the Commissioner until conclusion. The hearing for the ratemaking phase will begin at 9:30 a.m., in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, on October 16, 2007, and continue thereafter at dates, times, and places designated by the Commissioner until conclusion. The Commissioner may conduct both phases of the hearing; however, the ratemaking phase of the hearing can be conducted by the State Office of Administrative Hearings in accordance with Chapter 40, Texas Insurance Code at the direction of the Commissioner or at the written request of any person seeking admission as a party to the ratemaking phase of the hearing pursuant to Chapter 2703. The Commissioner shall certify which matters have rate implications to be considered in the ratemaking phase of the hearing. This hearing is not a hearing required by SB 1153, 80th Legislative Regular Session, relating to the use of Title Insurance to insure certain interests in personal property.

Authority, Jurisdiction, Statutes and Rules Involved

The Commissioner has jurisdiction over the promulgation of rules and premium rates, over amendments to or promulgation of approved forms, and over other matters set out in this notice pursuant to Texas Insurance Code, §31.021, Chapters 2501, 2703, and Section 2551.003 and pursuant to the Texas Administrative Code, Title 28, Chapter 9. The procedure of the hearing will be governed by the Rules of Practice and Procedure before the Department of Insurance (Texas Administrative Code, Title 28, Chapter 1, Subchapter A) and the Administrative Procedure Act (Texas Government Code, Chapter 2001).

Matters to be Considered

The Commissioner will consider testimony presented and information filed by title insurers, title agents, the Texas Department of Insurance staff, and other interested parties relating to the following issues:

Docket 2668

Form and Rulemaking Phase

Item 2006-1 - Submission by Texas Land Title Association to adopt a new Co-Insurance Endorsement (Form T-___) to accommodate commercial lenders and owners who often request this endorsement in multi-state, multi-site, and other large transactions.

Item 2006-2 - Submission by Texas Land Title Association to amend Procedural Rule P-6 to authorize a Co-insurer to issue a Co-insurance Endorsement to another Title Insurer's Owner or Mortgagee Policy when the co-insurance transaction exceeds fifteen million dollars.

Item 2006-3 - Submission by Texas Land Title Association to repeal the current Verification of Services Rendered Form T-00 and adopt a new Form T-00 to organize the information each entity participating in the transaction must provide and to assist underwriters in reporting that information to the Department.

Item 2006-4 - Submission by Texas Land Title Association to amend the Supplemental Coverage Manufactured Housing Unit Endorsement Form T-31.1 to conform to the new American Land Title Association form by clarifying the insurance against personal property liens and by ensuring that a foreclosure of an insured mortgage may be conducted by one procedure.

Item 2006-5 - Amended submission by Texas Land Title Association to amend the Revolving Credit Endorsement Form T-35 to change the name to the Revolving Credit/Future Advance Endorsement Form T-35 and to conform to the American Land Title Association form by expanding coverage to the lender.

Item 2006-6 - Submission by Texas Land Title Association to amend the Residential Real Property Affidavit T-47 to remove specific language in the affidavit that requires the name of the title company to be identified and to insert generic language to allow the affidavit to be prepared and executed early in the transaction process.

Item 2006-7 - Submission by Texas Land Title Association to adopt a new Procedural Rule (P-___) that incorporates the procedural portion of Rate Rule R-2.(d) concerning a policy issued to a qualified intermediary under IRS Code 1031 and also contains deletions and improved formatting.

Item 2006-8 - Submission by Texas Land Title Association to adopt a new Procedural Rule (P-___) regarding the treatment of subordinate liens and leases in order to better alert title companies to comply with the instruction in Procedural Rule P-11.b.(8).

Item 2006-9 - Submission by Texas Land Title Association to adopt a new Procedural Rule (P-___) in conformity with Insurance Code, §2704.051 and §2704.052 to require an owner's policy be issued in connection with a Mortgagee Policy unless the person acquiring title rejects it.

Item 2006-10 - Submission by Texas Land Title Association to adopt a new Procedural Rule (P-___) to include procedures currently in other rate and procedural rules into one rule relating to determining the correct amount of insurance in owner and mortgagee polices.

Item 2006-11 - Submission by Texas Land Title Association to amend Procedural Rule P-1 to rename the "Owner Policy" and the "Mortgagee Policy" to coincide with the terminology utilized in the corresponding American Land Title Association policies and to provide that the new terminology be incorporated into newly printed or electronically generated forms.

Item 2006-12 - Submission by Texas Land Title Association to amend Procedural Rule P-7 to incorporate the language from Bulletin 157 into the procedural rules and to resolve the question as to whether it is permissible to include the "successor in ownership" language as part of the Proposed Insured in a Commitment.

Item 2006-13 - Submission by Texas Land Title Association to amend Procedural Rule P-17 to allow for electronic filing and recording of documents and to withdraw Bulletin 163 to allow a pass-through to consumers of electronic filing fees.

Item 2006-14 - Submission by Texas Land Title Association to amend Procedural Rule P-21 to make the terms used in the rule consistent with Insurance Code, §2651.203 and to update references to the Commissioner of Insurance.

Item 2006-15 - Submission by Texas Land Title Association to amend Procedural Rule P-28 to eliminate the need for a company owning multiple title insurance companies to make multiple course submissions and/or assignments between the related title insurance company providers.

Item 2006-16 - Submission by Texas Land Title Association to amend Procedural Rule P-45 to make the rule consistent with the federal requirements regarding the Maximum Claim Amount for FHA-insured loans and to allow the insured amount to be determined by lenders through a lender estimation of the maximum amount that may be secured by lien.

Item 2006-17 - Submission by Texas Land Title Association to amend Procedural Rule P-53 to remove the sunset provision contained within the rule and to ensure that the rule will remain in effect beyond January 1, 2008.

Item 2006-18 - Submission by Texas Land Title Association to amend Administrative Rule L-2 to allow a Direct Operation, Title Insurance Agent, or an attorney licensed as an escrow officer to contract with a person to employ that person as a bona fide employee to perform any duty or work, other than that of an escrow officer, at or before an application for that person to be licensed as an escrow officer is filed with the Department and to remove the Department's ability to deny an application or decline to renew an escrow license while an investigation, audit inquiry, disciplinary action, or allegation of a violation is pending.

Item 2006-19 - Submission by Texas Land Title Association to amend Administrative Rule L-1 to provide that the Department must send notice of renewal to each agent at least 45 days prior to the expiration of the agent's license and, if not renewed, within 45 days after the license expires.

Item 2006-20 - Submission by Texas Land Title Association to amend Administrative Rule L-1 to deny the Department the ability to deny an application or decline to renew the license of an agent while an investigation, audit inquiry, disciplinary action, or allegation of a violation is pending.

Item 2006-21 - Submission by Texas Land Title Association to amend Administrative Rule L-3 to deny the Department the ability to deny an application or decline to renew the license of a Direct Operation while an investigation, audit inquiry, disciplinary action, or allegation of a violation is pending.

Item 2006-22 - Submission by Texas Land Title Association to amend the Minimum Standards, Specific Instructions and Report forms for Audit of Trust Funds Required of Texas Title Insurance Agents, Direct Operations, Title Attorneys, and Attorney's Licensed as Escrow Officers pertaining to the Policy Guaranty Fee and Guaranty Assessment Recoupment Charge to provide that maintaining a policy guarantee fee escrow account and a guaranty assessment recoupment charge escrow account separate from the agent's standard audited escrow account is optional.

Item 2006-23 - Submission by Stewart Title Guaranty Company to amend the Owner Policy of Title Insurance Form T-1 based on the new 2006 American Land Title Association Owner's Policy.

Item 2006-24 - Amended submission by Texas Land Title Association regarding the submission by Stewart Title Guaranty Company to amend the Owner Policy of Title Insurance Form T-1 based on the new 2006 American Land Title Association Owner's Policy.

Item 2006-25 - Submission by Stewart Title Guaranty Company to amend the Mortgagee Policy of Title Insurance Form T-2 based on the new 2006 American Land Title Association Loan Policy.

Item 2006-26 - Amended submission by Texas Land Title Association regarding the submission by Stewart Title Guaranty Company to amend the Mortgagee Policy of Title Insurance Form T-2 based on the new 2006 American Land Title Association Loan Policy.

Item 2006-27 - Submission by Stewart Title Guaranty Company to amend Procedural Rule P-1 to make conforming changes based on the proposed amended Owner and Mortgagee Policies.

Item 2006-28 - Submission by Stewart Title Guaranty Company to amend Procedural Rule, P-32 to clarify time periods for retention of documents and to conform this procedural rule to the provisions of UETA and E-SIGN.

Item 2006-29 - Amended submission by Texas Land Title Association regarding the submission by Stewart Title Guaranty Company to amend Procedural Rule, P-32 to clarify time periods for retention of documents and to conform this procedural rule to the provisions of UETA and E-SIGN.

Item 2006-30 - Submission by Stewart Title Guaranty Company to amend Procedural Rule P-36 to conform with the proposed, amended Owner Policy and Mortgagee Policy and to make other changes including increasing the threshold for arbitral matters to two million dollars and deleting the choice of law provision.

Item 2006-31 - Submission by Stewart Title Guaranty Company to amend Procedural Rule P-37 to conform with the proposed, amended Owner Policy and Mortgagee Policy.

Item 2006-32 - Submission by Stewart Title Guaranty Company to amend the Facultative Reinsurance Agreement Form T-18.1 based on changes contained in the new American Land Title Association's Reinsurance Agreement and to clarify a reinsurer's payment obligations.

Item 2006-33 - Submission by Stewart Title Guaranty Company to amend the Restrictions, Encroachments, Minerals Endorsement T-19 to conform to the new American Land Title Association Endorsement 9.3-06, which may be issued with the proposed amended Mortgagee Policy (T-2).

Item 2006-34 - Submission by Stewart Title Guaranty Company to amend the Restrictions, Encroachments, Minerals Endorsement - Owner Policy T-19.1 to conform to the new American Land Title Association Endorsement 9.5-06, which may be issued with the proposed amended Owner Policy (T-1).

Item 2006-35 - Submission by Stewart Title Guaranty Company to amend the Tertiary Facultative Reinsurance Agreement (Type I) Form T-21.1 to conform to the proposed amendments to the Facultative Reinsurance Agreement Form T-18.1.

Item 2006-36 - Submission by Stewart Title Guaranty Company to amend the Tertiary Facultative Reinsurance Agreement (Type II) Form T-21.2 to conform to the proposed amendments to the Facultative Reinsurance Agreement Form T-18.1.

Item 2006-37 - Submission by Sierra Title Group and Sierra Title Insurance Guaranty Company, Inc. to amend Administrative Rule L-1 to provide that, upon the filing of an application for a title insurance agent license, the Department must notify all currently licensed title insurance agents in the county in which the sponsoring title insurance company applicant is seeking approval and to provide that any currently licensed agent may make a written request to the Department for an on-site audit of the applicant's abstract plant facilities.

Item 2006-38 - Submission by the Texas Department of Insurance to adopt a new Procedural Rule (P-___) to provide better auditing tools regarding Insured Closing and Settlement Letters and to ensure compliance with Texas Insurance Code Chapter 2702.

Item 2006-39 - Submission by the Texas Department of Insurance to adopt a new Procedural Rule (P-___) to clarify that Texas Insurance Code §§521.101 - 521.103 applies to the title industry and to ensure title industry compliance with the statute.

Item 2006-40 - Submission by the Texas Department of Insurance to amend Procedural Rule P-1, subparagraph f. to conform the definition of closing the transaction to the statutory definition of closing the transaction in Insurance Code, §2501.006.

Item 2006-41 - Submission by the Texas Department of Insurance to amend Procedural Rule P-22 to clarify the terms fee and payment, to clarify who may receive payment, to reduce administrative inefficiency associated with remittance, to prevent certain types of prohibited conduct, and to update references to revised Insurance Code provisions.

Item 2006-42 - Submission by the Texas Department of Insurance to amend Procedural Rule P-53 to remove the sunset provision contained within the rule and to ensure that the rule will remain in effect beyond January 1, 2008.

Item 2006-43 - Submission by the Texas Department of Insurance to amend Insuring Forms T-7, T-1, T-1R, T-2, T-2R, and T-44 to remove outdated language regarding the consumer complaint notice.

Item 2006-44 - Submission by the Texas Department of Insurance to amend the Minimum Standards, Specific Instructions and Report Forms for Audit of Trust Funds Required of Texas Title Insurance Agents, Direct Operations, Title Attorneys and Attorneys Licensed as Escrow Officers in Section V to clarify consumer charges and to make the language more precise in Specific Areas and Procedures, 5, while adding additional language to Minimum Escrow Account Procedures and Internal Controls, 18, to help identify fraudulent real estate transactions.

Item 2006-45 - Submission by the Texas Department of Insurance to amend Administrative Rule L-1 to clarify that a title insurance agent may not commence business in a county until authorized by the Department.

Item 2006-46 - Submission by the Texas Department of Insurance to amend Administrative Rule L-2 to require attorneys who are licensed escrow officers to close the transaction in the title agent's name, to require attorneys who are licensed escrow officers to use the title agent's escrow account, and to require escrow officers to keep a current address on file with the Department.

Item 2006-47 - Submission by the Texas Department of Insurance to amend Administrative Rule L-2 to clarify that a non-attorney employee of an attorney must be licensed as escrow officer prior to performing the duties of an escrow officer.

Item 2006-48 - Submission by the Texas Department of Insurance to amend Administrative Rules L-1 and L-2 to ensure that the Title Agent and Escrow Officer licensing procedures are consistent with the Texas Business Organizations Code, which went into effect on January 1, 2006, and to simplify the merger, exchange, and conversion process when an organizational restructuring results in a less than 50% change in ownership.

Item 2006-49 - Submission by the Texas Department of Insurance to amend Administrative Rule G-1 to clarify that Policy Guaranty Fees must be postmarked on or before the due date to be considered timely.

Item 2006-50 - Submission by Texas Department of Insurance to amend the Texas Title Insurance Statistical Plan.

Complete copies of the agenda items may be obtained from the Office of the Chief Clerk. Please submit your request to:

Office of the Chief Clerk

Texas Department of Insurance (Mail Code 113-2A)

P.O. Box 149104

Austin, Texas 78714-9104

Notwithstanding the foregoing, the Department reserves the right at any time to propose for adoption, pursuant to Texas Insurance Code §§31.002, 2703.206, and 2703.207 and the Administrative Procedure Act, any rule for the regulation of title insurance.

Docket 2669

Ratemaking Phase

Item 2006-51 - Submission by Texas Land Title Association to adopt a Schedule of Basic Premium Rates for Title Insurance for the next calendar year and subsequent years until changed by subsequent order of the Commissioner.

Item 2006-52 - Submission by Texas Land Title Association to adopt a new Texas Limited Coverage Residential Chain of Title Policy (Form T-___) to address fraudulent residential mortgage transactions.

Item 2006-53 - Submission by Texas Land Title Association to adopt a new Procedural Rule (P-___) regarding the proposed Texas Limited Coverage Residential Chain of Title Policy (T-___) to require that the new policy only be issued by the agent in the county where the property is located.

Item 2006-54 - Submission by Texas Land Title Association to adopt a new Rate Rule (R-__) to provide a fair and equitable charge for the proposed Texas Limited Coverage Residential Chain of Title Policy.

Item 2006-55 - Submission by Texas Land Title Association to amend Rate Rule R-2 to address the situation in which a form of coverage may become effective before a ruling has been made regarding the proposed rate and to delete a portion of the rule that has been included in a new, proposed procedural, which is contingent upon adoption of the proposed procedural rule.

Item 2006-56 - Amended submission by Texas Land Title Association to amend Rate Rule R-3 to move the provision for the Increased Value Endorsement to proposed, amended Rate Rule R-15 and to delete portions of Rate Rule R-3 that have been included in a new, proposed procedural rule in Agenda Item 2006-8, which is contingent upon adoption of the proposed procedural rule.

Item 2006-57 - Submission by Texas Land Title Association to amend Rate Rule R-4 to delete portions of this rule that have been included in a new, proposed procedural rule in Agenda Item 2006-8, which is contingent upon adoption of the proposed procedural rule, and to change the words "an adjustable rate mortgage" to "a variable rate mortgage" in keeping with the form name change in November 2005.

Item 2006-58 - Submission by Texas Land Title Association to amend Rate Rule R-7 to clarify that each policy bears a separate premium and to assist the policy typist in associating a collected premium with a produced policy.

Item 2006-59 - Submission by Texas Land Title Association to amend Rate Rule R-15 to incorporate certain portions excised from Rate Rule R-3 and making a direct reference to certain items as opposed to using cross-references.

Item 2006-60 - Submission by Texas Land Title Association to amend Rate Rule R-18 to re-name the rate rule, to revise it for readability, and to add a provision concerning current refinancing practices in which two permanent loans are used to refinance a single construction loan.

Item 2006-61 - Submission by Texas Land Title Association to amend Rate Rule R-29C to address the need for two separate Statistical Codes to delineate whether or not an amendment of exception to area and boundaries is purchased with the policy.

Item 2006-62 - Submission by Rattikin Title Company to amend Rate Rule R-30 to allow the $100 fee to be charged for each endorsement to a policy when the policy is issued with multiple Access Endorsements.

Item 2006-63 - Submission by Rattikin Title Company to amend Rate Rule R-32 to allow the $100 fee to be charged for each endorsement to a policy when the policy is issued with multiple Contiguity Endorsements.

Item 2006-64 - Submission by Sierra Title Group and Sierra Title Insurance Guaranty Company, Inc. to adopt a new Procedural Rule (P-___) to ensure that title insurance companies do not receive more than 50% of their business through Affiliated Business Arrangements, to provide that 90% of the business of a title insurance company operating in connection with an Affiliated Business Arrangement must involve property located within the county in which the company is licensed, to provide notice requirements concerning Affiliated Business Arrangements, and to ensure that such arrangements are not coercive.

Item 2006-65 - Submission by Sierra Title Group and Sierra Title Insurance Guaranty Company, Inc. to amend Procedural Rule P-24 to provide restrictions on a title insurance company, agent, or direct operation regarding written agreements that deviate from the premium split set forth in P-24.

Item 2006-66 - Submission by Sierra Title Group and Sierra Title Insurance Guaranty Company, Inc. to amend Procedural Rule P-58 to provide that the required report on directly issued policies be compiled and submitted to the Department on a quarterly basis to ensure that P-24 violations are timely detected.

Item 2006-67 - Submission by the Texas Department of Insurance to amend Procedural Rule P-24 to set reasonable percentage rates for payment for services for furnishing title evidence and title examination and to remove language in the rule that often prevents urban and rural agents from receiving the same amount of premium for the same work.

In the Ratemaking Phase the parties shall consider and provide evidence on all relevant and necessary points, including but not limited to:

1. Comments and proposals for alternative rating structures including, but not necessarily limited to, differences in rates or premium splits by geographic region (e.g., rural versus urban), by size of agency, and by type of business written.

2. The historical impact of changing property values and sales prices through the most recently available data on title premium revenues, independent of changes in title premium rates.

3. The historical impact of changing numbers of title insurance transactions through the most recently available data on title premium revenues and expenses, independent of title premium rates, in total, and separately for underwriters, affiliated agents, independent agents, and direct operations, and the possible effect of changes in the makeup and composition of different types of transactions (original, refinance, residential, commercial).

4. The historical annual changes in total title agent and title underwriter expenses through the most recently available data generally and in comparison to: premium growth; relevant measures of inflation; or any other relevant measure. Provide the information in total and separately for underwriters, affiliated agents, independent agents, and direct operations.

5. Factors and forces causing title agent and title underwriter expenses to grow at annual rates greater than, equal to, or less than relevant annual rates of inflation, with reference to the separate experience of underwriters, affiliated agents, independent agents, and direct agent operations.

6. The effect of, and possible measurement of, changes in productivity, including the impact of improvements in technology, on title agents' and underwriter costs of operation. Include likely future trends in such areas and the likely effects on future costs.

7. The historical changes in the number of market participants by type of market and type of participants (underwriters, affiliated agents, independent agents, and direct operations), in the aggregate and by county, including an analysis of the causes and impact of changes on overall costs over time.

8. The impact of reverse competition, generally described as a market in which the competitive efforts on the part of insurers and agents are directed towards the "producers" of business (realtors, real estate developers, lenders, attorneys, etc.) rather than the ultimate consumers of title insurance, and which, it is alleged, has the effect of unnecessarily increasing costs to the ultimate consumers. Provide a definition or description of the sorts of unnecessary costs to the ultimate consumers of title insurance that might arise from reverse competition and how these can be measured and how the existence of such costs might be treated in the ratemaking process.

9. Provide information on the extent to which agent and underwriter consolidations, startups, and withdrawals may have affected costs and title insurance rates, and provide suggestions as to how this might be treated in the ratemaking process.

10. Statistical studies on the effect of expense outliers for individual entities (underwriters and agents) in various expense categories (e.g., salaries, benefits, rent, etc.) or a combination of categories on overall expenses, and commentary on possible limitations to be placed on the use of such outliers in ratemaking.

11. The degree to which expenses are fixed or variable in relation to premium volume with reference to type and size of entity (underwriters, affiliated agents, independent agents, and direct agent operations) and the type of transaction (original, refinance, residential, commercial).

12. How the enactment of SB 1153 ("relating to the use of title insurance to insure certain interests in personal property") by the 80th Legislature may affect the costs associated with the use of title insurance to insure interests in real property through such things as economies of scale and its likely effect on rate needs to insure interests in real property.

13. According to the April 2007, report of the United States Government Accountability Office (GAO), the number of affiliated business arrangements (ABAs), defined as situations in which real estate or other professional are part or full time owners of title agencies, have been growing significantly in recent years. Provide commentary on the phenomenon in Texas, how this might affect costs and rates, and how abuses, if any, might be addressed in the ratemaking system.

14. Alternative projections of expected losses and expenses.

15. Alternative title insurance underwriting profit provision models.

16. Information on the split of the title premium between title agents and underwriters.

17. The effect on the split of the title premium between title agents and underwriters, of the amount of expenses, if any, disallowed in determining the overall rate level, and consideration of changes to the split.

18. The impact that profits earned on escrow functions, tax certificates, recording fees, and other miscellaneous income should have in establishing title insurance profit margins.

19. The appropriate allocation of income and expenses related to out-of-state title insurance premiums in multi-state transactions (so-called "blended rates").

20. The appropriate reporting and allocation of income and expenses for ratemaking purposes generally, including possible modifications to the annual statistical plans' instructions to help enhance reporting consistency and accuracy.

Commissioner's Policies

The Commissioner's policies regarding the setting of rates for title insurance provided for under Texas Insurance Code, Chapter 2703 are set out below. This policy statement is not intended to limit the type of evidence a party may offer at the hearing. The pertinent Commissioner's policies are as follows:

1. Evidence to be considered.

It is the Commissioner's policy to consider all relevant evidence and issues in making a determination of rates. To ensure a complete record, the Commissioner shall take official notice of:

Commissioner's Order 06-1280 dated December 12, 2006, and entitled "In the Matter of the 2004 Texas Title Insurance Biennial Rate Hearing Docket Number 2601."

Commissioner's Order 04-0405 dated April 23, 2004, and entitled "In the Matter of the 2002 Texas Title Insurance Biennial Rate Hearing Docket Number 2538."

Commissioner's Order 02-0901 dated August 23, 2002, and entitled "In the Matter of the 2000 Texas Title Insurance Biennial Rate Hearing Docket Number 2471."

Commissioner's Order 00-0534 dated May 15, 2000, and entitled "In the Matter of the 1998 Texas Title Insurance Biennial Rate Hearing Docket Number 2394."

Commissioner's Order 98-0620 dated May 27, 1998, and entitled "In the Matter of the 1996 Texas Title Insurance Biennial Rate Hearing Docket Number 2279."

The 1986 report of the Title Insurance Advisory Committee.

The United States Government Accountability Office Report to the Ranking Member, Committee on Financial Services, House of Representatives, dated April 2007, and entitled "Title Insurance: Actions Needed to Improve Oversight of the Title Industry and Better Protect Consumers."

Texas Department of Insurance reports for Calendar Year 1997, Calendar Year 1998, Calendar Year 1999, Calendar Year 2000, Calendar Year 2001, Calendar Year 2002, Calendar Year 2003, Calendar Year 2004, and Calendar Year 2005, and entitled "Texas Title Insurance Agents Statistical Report."

Texas Department of Insurance reports for Calendar Year 1997, Calendar Year 1998, Calendar Years 1999-2002, Calendar Years 1999-2003, Calendar Years 1999-2004, Calendar Years 2001-2005, and entitled "State of Texas Title Insurance Experience Report."

2. Parties to be admitted to ratemaking hearing.

Anyone who wishes to participate in the hearing as a party for the ratemaking phase must file a motion for admission as a party by 5:00 p.m. on July 16, 2007, with the Chief Clerk's Office.

3. Purposes of pre-hearing conferences.

An initial pre-hearing conference will be held before the General Counsel of the Department at 10:00 a.m. on July 27, 2007, in room 102 of the first floor of the William P. Hobby, Jr. State Office Building located at 333 Guadalupe Street in Austin, Texas. The pre-hearing conference will be held for the following purposes:

to rule on motions for admission of parties to the ratemaking phase; and

to schedule the submission of pre-filed testimony, briefs, and other items; and

to address other matters that may simplify the proceedings.

Subsequent pre-hearing conferences will be scheduled as necessary to consider other matters as may aid in the simplification of the proceedings.

4. Conduct expected at hearing.

Each page of any exhibit offered in evidence at a hearing before the Commissioner, including prefiled testimony, must be on 8 1/2" by 11" paper, numbered consecutively at the center of the bottom margin, and three-hole-punched along the left margin. The front page of each exhibit must indicate that the exhibit will be part of the record of a public hearing before the Commissioner and must identify the subject of the hearing, the docket number, the date of the hearing, and the party offering the exhibit. On the front page, the party offering the exhibit must also describe the exhibit and leave a space for numbering the exhibit. For example:

Public Hearing before the Department of Insurance

Subject of Hearing:

Docket No. xxxx

Date: __________

Party: _________________

Exhibit # ______

Description of Exhibit ___________

Parties offering exhibits into evidence at the hearing should be prepared with sufficient copies of each proposed exhibit to furnish the following:

the original exhibit, which will be tendered to the Commissioner for marking and retention for the official record, after which the attorneys shall use an exact photocopy of such marked exhibit in the examination of the witness; and

one copy each for every other party admitted to the hearing; and

six paper copies to be filed with the Office of Chief Clerk; and

one electronic copy to be filed with the Office of Chief Clerk.

Testimony and exhibits accompanying testimony from the parties' witnesses, including their underlying work papers, must be submitted and made available in both paper and electronic format compatible and accessible by a computer using the Windows XP operating system and Microsoft Office software. Parameters, assumptions, and references to underlying data should be identifiable in the electronic exhibits. All information submitted in electronic format to the Office of the Chief Clerk shall be submitted in a format that does not require the use of passwords or other security measures for accessibility and utilization by the Department.

5. Deadlines subject to change.

All deadlines in this notice are subject to change at the Commissioner's discretion to the extent permitted by statute and rule.

TRD-200702699

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 27, 2007

Third Party Administrator Applications

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

Application to change the name of SRI ADMINISTRATORS, INC. to SEVEN CORNERS, INC., a FOREIGN third party administrator. The home office is INDIANAPOLIS, INDIANA.

Application to change the name of HEALTHNOW CONTRACTOR SERVICES, INC. to BROKERAGE CONCEPTS, INC., a FOREIGN third party administrator. The home office is BUFFALO, NEW YORK.

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-200702672

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 27, 2007

Texas Department of Licensing and Regulation

Vacancy on the Board of Boiler Rules

The Texas Department of Licensing and Regulation announces a vacancy on the Board of Boiler Rules established by Texas Health and Safety Code, Chapter 755. The pertinent rules may be found in 16 TAC §65.65. The purpose of the Board of Boiler Rules is to advise the Texas Commission of Licensing and Regulation in the adoption of definitions and rules relating to the safe construction, installation, inspection, operating limits, alteration, and repair of boilers and their appurtenances.

The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of three members representing persons who own or use boilers in this state; three members representing companies that insure boilers in this state; one member representing boiler manufacturers or installers; one member representing organizations that repair or alter boilers in this state; and one member representing a labor union. Members serve staggered six-year terms, with the terms of three members expiring January 31 of each odd-numbered year. This announcement is for the position of a manufacturer or installer of boilers in 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 Email tamala.fletcher@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-200702574

William H. Kuntz

Executive Director

Texas Department of Licensing and Regulation

Filed: June 21, 2007

Texas Lottery Commission

Instant Game Number 769 "Joker's Wild"

1.0 Name and Style of Game.

A. The name of Instant Game No. 769 is "JOKER'S WILD". The play style for this game is "add up with 2X and 4x win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 769 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 769.

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

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

C. Play Symbol--The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: A CARD SYMBOL, K CARD SYMBOL, Q CARD SYMBOL, J CARD SYMBOL, 10 CARD SYMBOL, 9 CARD SYMBOL, 8 CARD SYMBOL, 7 CARD SYMBOL, 6 CARD SYMBOL, 5 CARD SYMBOL, 4 CARD SYMBOL, 3 CARD SYMBOL, 2 CARD SYMBOL, JOKER CARD SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $500, $1,000, $5,000, and $50,000.

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

Figure 1: 16 TAC GAME No. 769 - 1.2D

E. Retailer Validation Code--Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: 16 TAC GAME NO. 769 - 1.2E

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

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

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

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

I. High-Tier Prize--A prize of $1,000, $5,000, or $50,000.

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

K. Pack-Ticket Number--A 13 (thirteen) digit number consisting of the three (3) digit game number (769), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 769-0000001-001.

L. Pack--A pack of "JOKER'S WILD" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

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

N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "JOKER'S WILD" Instant Game No. 769 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule §401.302, Instant Game Rules; these Game Procedures; and the requirements set out on the back of each instant ticket. A prize winner in the "JOKER'S WILD" Instant Game is determined once the latex on the ticket is scratched off to expose 72 (seventy-two) Play Symbols. If a player reveals 2 of a kind play symbols within a hand, the player wins the prize shown for that hand. If a player reveals 3 of a kind play symbols within a hand, the player wins DOUBLE the prize shown for that hand. If a player reveals 4 of a kind play symbols within a hand, the player wins 4 TIMES the prize shown for that hand. JOKERS ARE WILD. A player may only win one prize per hand. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 72 (seventy-two) 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 72 (seventy-two) 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 72 (seventy-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 72 (seventy-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No more than two (2) matching non-winning prize symbols will appear on a ticket.

C. No duplicate Hands on a ticket in any order.

D. Non-winning prize symbols will never be the same as the winning prize symbol(s).

E. The $50,000 prize symbol will appear at least once on every ticket unless otherwise restricted.

F. Only the highest prize paid per Hand.

G. No Hand will contain five (5) matching play symbols or four (4) matching play symbols and the "joker" play symbol.

H. No more than one (1) "joker" (WILD) play symbol in a Hand.

I. With regard to "jokers" (WILD) play symbols, no Hand will contain 2 pairs, straights (in any order), or a full house.

J. No Hand will contain 2 pairs, straights (in any order), or a full house.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "JOKER'S WILD" Instant Game prize of $1,000, $5,000, or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "JOKER'S WILD" 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 of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "JOKER'S WILD" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "JOKER'S WILD" 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, §466.408. Any prize not claimed within that period and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000 tickets in the Instant Game No. 769. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 769- 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 769 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. 769; 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-200702678

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 27, 2007

Instant Game Number 778 "Lucky 7's''

1.0 Name and Style of Game.

A. The name of Instant Game No. 778 is ''LUCKY 7'S''. The play style is ''three in a line''.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 778 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 778.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $3.00, $5.00, $7.00, $11.00, $17.00, $20.00, $27.00, $47.00, $77.00, $100, $177 or $1,000.

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

Figure 1: GAME NO. 778 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 778 - 1.2E

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

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $7.00, $11.00, $17.00 or $20.00.

H. Mid-Tier Prize - A prize of $27.00, $47.00, $77.00, $100 or $177.

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

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (778), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 778-0000001-001.

L. Pack - A pack of ''LUCKY 7'S'' Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 and 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery ''LUCKY 7'S'' Instant Game No. 778 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 ''LUCKY 7'S'' Instant Game is determined once the latex on the ticket is scratched off to expose 10 (ten) Play Symbols. If a player reveals three (3) 7's play symbols in any one row, column or diagonal, the player wins prize shown in PRIZE BOX. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 10 (ten) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 10 (ten) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

16. Each of the 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

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

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

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

2.2 Programmed Game Parameters.

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

B. No ticket will contain 3 or more of a kind other than the 7 symbol.

C. A ticket may only win once.

2.3 Procedure for Claiming Prizes.

A. To claim a ''LUCKY 7'S'' Instant Game prize of $1.00, $2.00, $3.00, $5.00, $7.00, $11.00, $17.00, $20.00, $27.00, $47.00, $77.00, $100 or $177, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $27.00, $47.00, $77.00, $100 or $177, ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a ''LUCKY 7'S'' Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a ''LUCKY 7'S'' 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

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

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 ''LUCKY 7'S'' 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 ''LUCKY 7'S'' 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.

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 10,080,000 tickets in the Instant Game No. 778. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 778 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 778 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. 778, 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-200702634

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 25, 2007

Instant Game Number 804 ''Diamond Mine''

1.0 Name and Style of Game.

A. The name of Instant Game No. 804 is ''DIAMOND MINE''. The play style is ''key number match with auto win''.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 804 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 804.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, PICK SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000 or $25,000.

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

Figure 1: GAME NO. 804 - 1.2D

Figure 2: GAME NO. 804 - 1.2E

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

H. Mid-Tier Prize - A prize of $50.00 or $200.

I. High-Tier Prize - A prize of $2,000 or $25,000.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (804), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 804-0000001-001.

L. Pack - A pack of ''DIAMOND MINE'' Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B. C and D configuration.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery ''DIAMOND MINE'' Instant Game No. 804 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 ''DIAMOND MINE'' Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If the player reveals a ''pick'' symbol, the player wins 10 TIMES the PRIZE shown for that symbol. 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 22 (twenty-two) 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 22 (twenty-two) 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;

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

16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 22 (twenty-two) 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.

2.2 Programmed Game Parameters.

A. There is no relation between the position of a ticket in a pack and its status (winner or non-winner).

B. Adjacent non-winning tickets within a pack will not have identical patterns. Two tickets have identical patterns if and only if they have the same symbols in the same positions.

C. There will be a random distribution of all symbols on the ticket unless affected by other constraints, play action or prize structure.

D. At least one (1) $2,000 prize symbol and one (1) $25,000 prize symbol will be displayed on all tickets unless otherwise restricted by the prize structure.

E. There will be no more than two (2) identical non-winning prize symbols.

F. The non-winning YOUR NUMBER symbols will be unique.

G. The two (2) WINNING NUMBER symbols will be unique.

H. The prize amount associated with a non-winning YOUR NUMBER position will never have the same numerical value as the corresponding YOUR NUMBER.

I. Non-winning prize symbols will not match winning prize symbols.

J. On tickets that win two (2) or more times (excluding the play spots winning with PICK (10X) symbol), each WINNING NUMBER will be used to create winners.

2.3 Procedure for Claiming Prizes.

A. To claim a ''DIAMOND MINE'' Instant Game prize of $2.00, $4.00, $5.00, $10.00, $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 Section 2.3.C of these Game Procedures.

B. To claim a ''DIAMOND MINE'' Instant Game prize of $2,000 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a ''DIAMOND MINE'' 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;

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

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 ''DIAMOND MINE'' 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 ''DIAMOND MINE'' 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.

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 7,080,000 tickets in the Instant Game No. 804. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 804 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 804 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. 804, 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-200702636

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 25, 2007

Instant Game Number 831 "John Wayne™" "The Duke™"

1.0 Name and Style of Game.

A. The name of Instant Game No. 831 is "JOHN WAYNE™" "THE DUKE™". The play style is "key number match with doubler.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 831 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 831.

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

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

C. Play Symbol--The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, HORSE SHOE SYMBOL, HAT SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $1,000, $50,000, and MERCH SYMBOL.

Figure 1: 16 TAC GAME NO. 831- 1.2D

Figure 2: 16 TAC GAME NO. 831 - 1.2E

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

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

I. High-Tier Prize--A prize of $1,000, $5,000, or $50,000.

K. Pack-Ticket Number--A 13 (thirteen) digit number consisting of the three (3) digit game number (831), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 831-0000001-001.

L. Pack--A pack of "JOHN WAYNE™" "THE DUKE™" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "JOHN WAYNE™" "THE DUKE™" Instant Game No. 831 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 "JOHN WAYNE™" "THE DUKE™" Instant Game is determined once the latex on the ticket is scratched off to expose 43 (forty-three) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a "horseshoe" play symbol, the player wins DOUBLE the prize shown for that symbol instantly. If a player reveals a "hat" play symbol, the player wins ALL 20 (twenty) PRIZES shown 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 43 (forty-three) 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 43 (forty-three) 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;

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

16. Each of the 43 (forty three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 43 (forty-three) 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.

2.2 Programmed Game Parameters.

A. There will be a random distribution of all symbols on the ticket unless affected by other constraints, play action, or prize structure.

B. The $50,000 top prize symbol will appear on all tickets except as required by the prize structure.

C. There will be no more than three (3) identical non-winning prize symbols.

D. The non-winning YOUR NUMBERS symbols will be unique.

E. The three (3) WINNING NUMBERS symbols will be unique.

F. The prize amount associated with a non-winning YOUR NUMBERS position will never have the same numerical value as the corresponding YOUR NUMBERS.

G. On the ticket that wins with the HAT (WIN ALL) symbol, the HAT (WIN ALL) symbol will only appear on one of the YOUR NUMBERS positions. All other YOUR NUMBERS positions will be non-winning.

H. Winning WINNING NUMBERS positions will be distributed evenly among all possible WINNING NUMBERS positions.

I. Winning YOUR NUMBERS positions will be distributed evenly among all possible YOUR NUMBERS positions.

J. On tickets that win two (2) or more times (excluding the play spots winning with a HORSESHOE (DBL) or a HAT (WIN ALL) symbol), at least two (2) WINNING NUMBERS will be used to create winners.

K. There will be at least three (3) near wins per ticket among YOUR NUMBERS symbols. A near win is a YOUR NUMBERS whose numerical value is plus or minus one (1) point from a WINNING NUMBERS value. Each WINNING NUMBERS must have at least one near win. Each YOUR NUMBERS will not be counted as more than one (1) near win.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "JOHN WAYNE™" "THE DUKE™" Instant Game prize of $1,000, $5,000, or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "JOHN WAYNE™" "THE DUKE™" 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.