Office of the Attorney General
Settlement of a Claim for Natural Resource Damages
The State of Texas hereby gives notice of the proposed resolution of an environmental claim for natural resource damages. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed settlement if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate or inconsistent with the requirements of the Law.
Case Title and Court: In re ASARCO LLC, et al., Case No. 05-21207 in the United States Bankruptcy Court for the Southern District of Texas and In re Encycle/Texas, Inc., Case No. 05-21304, in the United States Bankruptcy Court for the Southern District of Texas.
Nature of Suit: The State of Texas filed claims in the above bankruptcies for natural resource damages in Nueces Bay, Corpus Christi Bay, and the Corpus Christi Inner Harbor allegedly caused by the operations of ASARCO and Encycle/Texas at a facility in Corpus Christi, Texas.
Proposed Settlement: The proposed settlement provides for the State of Texas to have an allowed general unsecured claim of $10,000,000 in the ASARCO Bankruptcy Case and an allowed general unsecured claim of $15,000,000 in the Encycle Bankruptcy Case.
The Office of the Attorney General will accept written comments relating to this settlement for thirty (30) days from the date of the publication of this notice. Copies of the proposed settlement may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas. A copy of the proposed settlement may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the judgment and written comments on the proposed judgment should be directed to Jane E. Atwood, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200801899
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: April 9, 2008
The State of Texas hereby gives notice of the proposed resolution of an environmental enforcement claim brought pursuant to the Texas Water Code. Before the State may settle a judicial enforcement action, pursuant to Section 7.110 of 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 settlement if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Law.
Case Title and Court: In re ASARCO LLC, et al., Case No. 05-21207 in the United States Bankruptcy Court for the Southern District of Texas and In re Encycle/Texas, Inc., Case No. 05-21304, in the United States Bankruptcy Court for the Southern District of Texas.
Nature of Suit: The State of Texas filed claims in the above bankruptcies for enforcement of a consent decree in United States of America and State of Texas v. Encycle/Texas, Inc. and ASARCO LLC, Cause No. H-99-1136 in the United States District Court for the Southern District of Texas (the "Consent Decree"). The Consent Decree settled an enforcement suit against ASARCO and Encycle/Texas concerning alleged waste violations at a former zinc smelter and metals processing facility in Corpus Christi, Texas (the "Facility").
Proposed Settlement: The proposed settlement provides for an allowed general unsecured claim in the total amount of $10,000,000 for the United States, the State of Texas, and the Encycle Trustee. The claim proceeds will be paid to Encycle/Texas and can only be used for remediation of the Facility.
The Office of the Attorney General will accept written comments relating to this settlement for thirty (30) days from the date of the publication of this notice. Copies of the proposed settlement may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas. A copy of the proposed settlement may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the judgment and written comments on the proposed judgment should be directed to Jane E. Atwood, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200801900
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: April 9, 2008
Notice of Release of Request for Quote for Child Care Provider Training Services
On April 10, 2008 the Brazos Valley Council of Government (BVCOG) and Workforce Solutions Brazos Valley Board (WSBVB) will release a Request for Quote (RFQ) for child care provider training services. One or more trainers are needed to provide training to child care provider staff in the Brazos Valley (Brazos, Burleson, Grimes, Leon, Madison, Robertson, and Washington counties). Training will take place on specific dates listed in the RFQ, at the Center for Regional Services located at 3991 East 29th Street in Bryan, Texas.
Workforce Solutions Brazos Valley Board will receive responses to the RFQ until 4:00 p.m. May 9, 2008. No responses will be accepted after this deadline. Potential respondents may view and print the RFQ from the web on www.bvjobs.org. The contact person for this RFQ is Jonna Murphy, email: jmurphy@bvcog.org, telephone: (979) 595-2800.
TRD-200801749
Tom Wilkinson
Executive Director
Brazos Valley Council of Governments
Filed: April 3, 2008
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 March 28, 2008, through April 3, 2008. 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 April 9, 2008. The public comment period for this project will close at 5:00 p.m. on May 9, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: Rush Development, L.P.; Location: The project is located in West Bay and on a 102-acre tract located between West Bay and FM 3005, west of Bay Harbor subdivision and The Reserve Phase I Subdivision, Galveston Island, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled "Sea Isle, Tex.". Approximate UTM coordinates in NAD 27 (meters): Zone 15; Easting: 298100; Northing: 3223500. Project Description: The applicant proposes to mechanically dredge and excavate 35,717 cubic yards of sand from West Bay, adjacent estuarine wetlands, and uplands to construct a 1,433-foot-long channel access area and boat channel, and a 0.48-acre wetland creation area. The boat channel would have a bottom width of 50 feet and a 20- to 26-foot-wide side slope; proposed depths would range from -6 ft MLT at the entrance, to -4 ft MLT at the channel terminus. Approximately 247 linear feet of wave attenuation barrier would be constructed near the channel entrance, including adjacent to an area of existing smooth cordgrass (Spartina alterniflora) that would be excavated during channel construction, then replanted with smooth cordgrass transplants. Approximately 1,365 linear feet of bulkhead would be constructed along the eastern side and the end of the proposed boat channel, and 14 boathouses would be constructed within the boat channel. The 35,717 cubic yards of dredged and excavated sand would be placed on on-site uplands and wetlands to raise the grade elevation for the development of a resort subdivision. Within a 2,118-foot-long, 15-foot-wide temporary construction access area extending from FM 3005 to the proposed boat channel area, temporary mats would be used for equipment access across sensitive areas for the duration of construction activities. Upon completion of subdivision construction, the temporarily impacted areas, including 0.32 acres of estuarine wetlands within the temporary construction access area, would be regraded and replanted to return affected areas to preconstruction conditions. The mechanical excavation of the proposed channel access area will impact 0.27 acres of shallow non-vegetated open water in West Bay, and mechanical excavation of the proposed boat channel will impact 0.71 acres of estuarine wetlands and 2.04 acres of uplands. The proposed construction of the subdivision and related infrastructure will result in the fill of approximately 0.86 acres of jurisdictional estuarine wetlands, 0.37 acres of jurisdictional freshwater wetlands, and 0.76 acres of non-jurisdictional freshwater wetlands (including an excavated cattle stock tank, a ditch/drainage cut to allow water to flow from FM 3005 into the stock tank, and an area that the stock tank overflows into). As compensatory mitigation, the applicant proposes to create 0.48 acres of estuarine wetlands in a wetland creation area excavated from uplands adjacent to the proposed boat channel and planted with smooth cordgrass, and on-site preservation in a conservation easement to be maintained in perpetuity of 52.01 acres of estuarine wetlands, 0.09 acres of freshwater wetlands, and 3.49 acres of uplands. In addition, the applicant proposes to avoid approximately 3.31 acres of freshwater wetlands in the southern portion of the proposed subdivision, establish 20-foot-wide buffers around the wetland areas, and ensure the permanent avoidance of the freshwater wetlands and buffer zone with a deed restriction. CCC Project No.: 08-0105-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01273 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).
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-200801775
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: April 7, 2008
Notice of Request for Proposals
Pursuant to Chapter 2101, Subchapter C, Texas Government Code; Chapter 2254, Subchapter B, Texas Government Code; and Chapter 403, Subchapter C, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP #184a) from qualified, independent firms to provide consulting services to develop a comprehensive business case including plans, strategies, options, costs and recommendations for the implementation of enterprise resource planning for state agencies and institutions of higher education. The successful respondent will be expected to begin performance of the contract on or about June 17, 2008.
Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., RM G-24, Austin, Texas, 78774, 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 April 18, 2008, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Electronic State Business Daily after Friday, April 18, 2008, 10:00 a.m. (CZT).
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on May 2, 2008. Prospective respondents are encouraged to fax or e-mail non-mandatory Letters of Intent and Questions to (512) 463-3669 or contracts@cpa.state.tx.us to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or about May 8, 2008, the Comptroller expects to post responses to questions as a revision to the Electronic State Business Daily notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on May 19, 2008. Proposals received in ROOM G-24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to verify and are solely responsible for verifying timely receipt of proposals in that office (ROOM G-24).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller shall make the final decision on any contract award or awards resulting from this RFP.
The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - April 18, 2008, 10:00 a.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - May 2, 2008, 2:00 p.m. CZT; Official Responses to Questions posted - May 8, 2008, or as soon thereafter as practical; Proposals Due - May 19, 2008, 2:00 p.m. CZT, Contract Execution - June 16, 2008, or as soon thereafter as practical; and Commencement of Project Activities - June 17, 2008 or as soon thereafter as practical.
TRD-200801891
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: April 9, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/14/08 - 04/20/08 is 18% for Consumer1 /Agricultural/Commercial 2 /credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/14/08 - 04/20/08 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200801857
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 7, 2008
Request for Applications Concerning Early College High School Professional Development Training, School Years 2008-2009 and 2009-2010
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-114 from nonprofit organizations, institutions of higher education, and education service centers to provide professional development and training for Texas Early College High Schools. A nonprofit organization, institution of higher education, or education service center must meet all of the following eligibility requirements: (1) the organization must have practical knowledge and experience with the process of high school redesign and reform, preferably as it relates to Early College High School; (2) the organization must be informed by research on effective teaching and learning practices and strategies; and (3) the organization must have experience conducting professional development which incorporates principles of adult learning.
Description. The purpose of this program is to provide professional development and training for Texas Early College High Schools that includes the following major components: (1) mentor training for curriculum and instruction coaches who will be identified by TEA to work with Early College High Schools to increase academic rigor; (2) training in effective campus leadership and instructional practices for Early College High School administrators and teachers; and (3) creation of resources, including a training manual and materials, that will be used to build statewide capacity and allow for replication of best practices from Early College High Schools.
Dates of Project. The Early College High School Professional Development Training program will be implemented during the 2008-2009 and 2009-2010 school years. Applicants should plan for a starting date of no earlier than September 1, 2008, and an ending date of no later than May 31, 2010.
Project Amount. Funding will be provided for one project. The project will receive a maximum of $175,000 for the 2008-2009 and 2009-2010 school years.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of the RFA may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, contact Donnell Bilsky, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Tuesday, June 10, 2008, to be eligible to be considered for funding.
TRD-200801896
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: April 9, 2008
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 May 19, 2008 . 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 May 19, 2008 . 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: City of Alba; DOCKET NUMBER: 2008-0012-MWD-E; IDENTIFIER: RN101721405; LOCATION: Alba, Wood County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 Texas Administrative Code (TAC) §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0014451001, Effluent Limitations and Monitoring Requirements Numbers 1, 3, and 6, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for dissolved oxygen, five-day biochemical oxygen demand (BOD5), pH, total suspended solids (TSS), and flow; PENALTY: $8,000; Supplemental Environmental Project (SEP) offset amount of $6,400 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(2) COMPANY: Aqua Texas, Inc.; DOCKET NUMBER: 2007-1913-PWS-E; IDENTIFIER: RN102685393; LOCATION: Onalaska, Polk County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1) and (2), by failing to issue a boil water notification to customers of the water system; PENALTY: $360; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(3) COMPANY: City of Childress; DOCKET NUMBER: 2007-1932-MWD-E; IDENTIFIER: RN101612521; LOCATION: Childress County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010076003, Interim Phase Effluent Limitations and Monitoring Requirements, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for flow and BOD5 ; and 30 TAC §305.125(1) and TPDES Permit Number WQ0010076003, Monitoring Requirements Number 5, by failing to calibrate the in-line effluent flow meter on an annual basis; PENALTY: $5,450; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(4) COMPANY: Cross Country Water Supply Corporation; DOCKET NUMBER: 2007-1850-PWS-E; IDENTIFIER: RN101439438; LOCATION: China Spring, McLennan County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(3)(B), by failing to provide a well casing 18 inches above the elevation of the finished floor of the pump room or the natural ground surface with a minimum of one inch above the sealing block or pump motor foundation block; 30 TAC §290.41(c)(1)(D), by failing to ensure that livestock in pasture are prohibited within 50 feet of a water supply well; 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement covering land 150 feet of the well; 30 TAC §290.46(f)(2), (3)(D)(ii) and (iv), by failing to keep water system records on file and make them available for commission review; and 30 TAC §290.45(b)(1)(D)(iii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide two or more service pumps having a total capacity of two gallons per minute per connection; PENALTY: $378; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(5) COMPANY: City of Encinal; DOCKET NUMBER: 2008-0140-MSW-E; IDENTIFIER: RN105025902; LOCATION: Encinal, Webb County, Texas; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the transportation and disposal of municipal solid waste at an unauthorized facility; PENALTY: $1,050; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(6) COMPANY: Flying J Inc. dba Flying J Travel Plaza Orange; DOCKET NUMBER: 2007-1784-PST-E; IDENTIFIER: RN102056827; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: truck stop and convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to have the required underground storage tank (UST) records maintained, readily accessible, and available for the inspection; 30 TAC §334.74(l), by failing to investigate a suspected release within 30 days of discovery; 30 TAC §334.6(b)(2), by failing to submit a construction notification form to the TCEQ 30 days prior to the construction activity; and 30 TAC §33.46(g)(1)(H), by failing to ensure that all monitoring wells and observation wells are properly capped, labeled, and secured (or locked) to prevent unauthorized access, tampering, accidental depositing of unauthorized substances, and designed to divert surface runoff away from the well; PENALTY: $20,500; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(7) COMPANY: Ghuman Enterprise Inc. dba Amatos Food Mart 3; DOCKET NUMBER: 2007-2021-PWS-E; IDENTIFIER: RN104162300; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: convenience store with a public water supply; RULE VIOLATED: 30 TAC §290.121(a), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.41(c)(3)(A), by failing to submit well completion data; 30 TAC §290.41(c)(3)(O), by failing to provide an intruder-resistant fence; 30 TAC §290.39(h)(1) and §290.46(n)(1), by failing to prepare and submit detailed "as-built" plans and specifications for commission review and approval; and 30 TAC §290.46(m)(4), by failing to maintain the water system and all related appurtenances in a watertight condition; PENALTY: $490; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: Jack Neely dba Heights Water Company; DOCKET NUMBER: 2008-0039-PWS-E; IDENTIFIER: RN102676129; LOCATION: Tyler, Smith 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 for total trihalomethanes; PENALTY: $392; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(9) COMPANY: HILLCROFT GROCERS, L.L.C.; DOCKET NUMBER: 2007-1924-PST-E; IDENTIFIER: RN101432771; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2), by failing to equip the tank with a valve or other appropriate device designed to automatically shut off the flow of regulated substances into the tank; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; PENALTY: $7,650; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: JNCHO Inc. dba Comet Cleaners; DOCKET NUMBER: 2006-0932-DCL-E; IDENTIFIER: RN103954442; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULE VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form; PENALTY: $889; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: Lake Whitney Resorts, LLC; DOCKET NUMBER: 2007-2005-PWS-E; IDENTIFIER: RN105215651; LOCATION: Whitney, Hill County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.39(m), by failing to provide written notification to the commission of the startup of a new public water system; 30 TAC §290.39(e)(1) and THSC, §341.035(c), by failing to submit engineering reports prior to activating a new public water system; and 30 TAC §290.44(d) and §290.46(r), by failing to operate the system to maintain a minimum pressure of 35 pounds per square inch at all points; PENALTY: $1,522; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(12) COMPANY: Martin Operating Partnership L.P. and Martin Product Sales LLC; DOCKET NUMBER: 2007-1992-IWD-E; IDENTIFIER: RN102605136; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: wholesale and transport of sulfur and sulfuric acid; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0004074000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total zinc and TSS; PENALTY: $34,240; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(13) COMPANY: City of McAllen; DOCKET NUMBER: 2007-1251-WQ-E; IDENTIFIER: RN102635604; LOCATION: Hidalgo County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010633004, Permit Conditions Number 2(g), and the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of untreated wastewater; PENALTY: $22,400; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(14) COMPANY: City of Midway; DOCKET NUMBER: 2007-2018-PWS-E; IDENTIFIER: RN101193274; LOCATION: Midway, Madison County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(h)(1)(A), by failing to install a backflow prevention assembly; 30 TAC §290.41(c)(3)(O) and §290.43(e), by failing to provide an intruder-resistant fence; and 30 TAC §290.46(s)(1), by failing to calibrate the well meter at least once every three years; PENALTY: $1,422; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(15) COMPANY: Mimi Hoang Investment Inc. dba Rich Cleaners; DOCKET NUMBER: 2006-1427-DCL-E; IDENTIFIER: RN104411582, RN101637320, and RN104411574; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaner drop stations; RULE VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the registration by completing and submitting the required registration form for Facility's 1, 2, and 3; and 30 TAC §337.14(c) and the Code, §5.702, by failing to pay dry cleaner registration fees and associated late fees; PENALTY: $3,555; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: City of New Home; DOCKET NUMBER: 2007-1263-PWS-E; IDENTIFIER: RN101389146; LOCATION: New Home, Lynn County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(3)(K), by failing to seal the wellhead with a gasket or sealing compound and by failing to provide a well casing vent; 30 TAC §290.42(e)(2), by failing to provide the point of application for disinfection ahead of the water storage tank; 30 TAC §290.43(c)(1), by failing to provide a roof vent on the water storage tank in accordance with American Water Works Association standards; 30 TAC §290.43(c)(2), by failing to secure the roof hatch of the ground storage tank; and 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; PENALTY: $531; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(17) COMPANY: Owens Corning Roofing and Asphalt, LLC; DOCKET NUMBER: 2008-0015-AIR-E; IDENTIFIER: RN100222686; LOCATION: Ennis, Ellis County, Texas; TYPE OF FACILITY: asphalt roofing manufacturing plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit a permit compliance certification; 30 TAC §122.146(5)(C)(ii) and (iii) and THSC, §382.085(b), by failing to include all necessary information used to assess compliance in the permit compliance certification; and 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit a deviation report; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(18) COMPANY: Reliant Energy Channelview LP; DOCKET NUMBER: 2007-2002-AIR-E; IDENTIFIER: RN100220276; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: electric power cogeneration plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), Permit Number O-02136, General Terms and Conditions, and THSC, §382.085(b), by failing to submit a semi-annual deviation report; PENALTY: $2,250; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(19) COMPANY: City of Rose City; DOCKET NUMBER: 2007-1817-MLM-E; IDENTIFIER: RN102676269; LOCATION: Orange County, Texas; TYPE OF FACILITY: water treatment plant and public water supply; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number WQ0014595001, Sludge Provisions, by failing to dispose of water treatment sludge at a TCEQ registered or permitted land application site, commercial land application site, or co-disposal landfill; 30 TAC §305.125(17) and §312.123 and TPDES Permit Number WQ0014595001, Sludge Provisions, Section I.E., by failing to submit annual sludge reports; 30 TAC §319.7(c) and TPDES Permit Number WQ0014595001, Monitoring and Reporting Requirements Number 1, by failing to submit discharge monitoring reports; 30 TAC §305.125(1) and TPDES Permit Number WQ0014595001, Operational Requirements Number 1, by failing to properly operate and maintain all systems of collection, treatment, and disposal; 30 TAC §305.125(1) and TPDES Permit Number WQ0014595001, Operational Requirements Number 2, by failing to comply with all provisions of 30 TAC Chapter 312 concerning water treatment sludge use and disposal; and 30 TAC §290.42(d)(2)(E), by failing to provide a suitable air gap at the filter to the waste connection; PENALTY: $9,230; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(20) COMPANY: Sentinel Transportation, LLC; DOCKET NUMBER: 2008-0419-WQ-E; IDENTIFIER: RN105429963; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: transportation terminal; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(21) COMPANY: City of Sonora; DOCKET NUMBER: 2007-1016-MWD-E; IDENTIFIER: RN102806411; LOCATION: Sutton County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010545001, Permit Conditions Number 2, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of raw and/or partially treated wastewater; PENALTY: $8,950; Supplemental Environmental Project (SEP) offset amount of $8,950 applied to Keep Texas Beautiful; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(22) COMPANY: Donnie Lewis; DOCKET NUMBER: 2008-0215-WOC-E; IDENTIFIER: RN105379929; LOCATION: Graford, Palo Pinto County, Texas; TYPE OF FACILITY: licensing; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(23) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2007-1960-AIR-E; IDENTIFIER: RN100219310; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 48982, Special Condition Number 12, and THSC, §382.085(b), by failing to retrofit heaters with burners meeting 0.06 pounds of nitrogen oxides per million British thermal units; PENALTY: $41,500; Supplemental Environmental Project (SEP) offset amount of $16,600 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(24) COMPANY: VALLIANI ENTERPRISES INC. dba Greenhouse Citgo; DOCKET NUMBER: 2008-0071-PST-E; IDENTIFIER: RN101909513; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (c)(5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to the common carrier a valid, current TCEQ delivery certificate; 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system (VRS); 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II VRS; and 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; PENALTY: $8,500; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(25) COMPANY: Zarin, Inc. dba Collins & I-20 Mobil; DOCKET NUMBER: 2007-1951-PST-E; IDENTIFIER: RN102161874; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to provide a method of release detection; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures; and 30 TAC §334.7(d)(3), by failing to provide an amended UST registration to the agency for any change or additional information regarding USTs; PENALTY: $11,500; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200801867
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 8, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment a draft implementation plan concerning one total maximum daily load (TMDL) for dissolved oxygen in the Lake O' the Pines of the Cypress Creek Basin, located in Camp, Marion, Morris, and Upshur Counties. The TCEQ will conduct a public meeting to receive comments on the draft implementation plan.
Lake O' the Pines (Segment 0403), is included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. As required by §303(d) of the federal Clean Water Act, one TMDL was developed for dissolved oxygen. The TMDL was adopted by the commission on April 12, 2006, as an update to the State Water Quality Management Plan. Upon adoption by the commission, the TMDL was submitted to the United States Environmental Protection Agency for review and approval. The implementation plan is a flexible tool that the governmental and non-governmental agencies involved in TMDL implementation will use to guide their program management.
The TCEQ will conduct a public meeting on the draft implementation plan for dissolved oxygen in Lake O' the Pines (Segment 0403). The purpose of the public meeting is to provide the public an opportunity to comment on the draft implementation plan. The commission requests comments on each of the major components of the implementation plan: description of control actions and management measures, implementation strategy and tracking, review strategy, and communication strategy. After the public comment period, TCEQ staff may revise the implementation plan, if appropriate. The final implementation plan will then be considered for approval by the commission. Upon approval of the implementation plan by the commission, the final implementation plan and a response to public comments will be made available on the TCEQ Web site.
The public comment meeting will be held on April 29, 2008, 7:00 p.m., at the Northeast Texas Municipal Water District, 4180 FM 250, Hughes Springs, Texas 75656. At this meeting the individuals have the opportunity to present oral statements when called upon in order of registration. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after all public comments have been received.
Written comments should be submitted to Arthur Talley, Texas Commission on Environmental Quality, Water Programs Division, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., May 17, 2008, and should reference Implementation Plan for One Total Maximum Daily Load for Dissolved Oxygen in the Lake O' the Pines, for Segment Number 0403. For further information regarding this proposed TMDL implementation plan, please contact Arthur Talley, Water Programs Division, (512) 239-4546 or atalley@tceq.state.tx.us. Copies of the draft implementation plan will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling (512) 239-6682.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the commission at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200801870
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: April 8, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment one draft total maximum daily load (TMDL) for dissolved oxygen in Upper Oyster Creek (Segment 1245) of the Brazos River Basin, located in Fort Bend County. The TCEQ will conduct a public meeting to receive comments on the draft TMDL. This announcement also constitutes notice that the TMDL will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDL for dissolved oxygen in Upper Oyster Creek (Segment 1245). The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL. The commission requests comment on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, linkage between sources and receiving waters, seasonal variation, margin of safety, pollutant loading allocation, public participation, and implementation and reasonable assurances. After the public comment period, TCEQ staff may revise the TMDL, if appropriate. The final TMDL will then be considered by the commission for adoption. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments will be made available on the TCEQ Web site. The TMDL will then be submitted to EPA Region 6 for approval. Upon approval, the TMDL will be certified as an update to the State of Texas Water Quality Management Plan.
The public comment meeting will be held on April 22, 2008, 7:00 p.m., at the Eldridge Park Center, 2511 Eldridge Road, Sugar Land, Texas 77478. At this meeting individuals have the opportunity to present oral statements when called upon in order of registration. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after all public comments have been received.
Written comments should be submitted to Jason Leifester, Water Programs Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., May 17, 2008 , and should reference One Total Maximum Daily Load for Dissolved Oxygen in Upper Oyster Creek, for Segment Number 1245. For further information regarding the draft TMDL, please contact Jason Leifester, Water Programs Division, at (512) 239-6457 or jleifest@tceq.state.tx.us. Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling (512) 239-6682.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the commission at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200801865
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: April 8, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment one draft total maximum daily load (TMDL) for bacteria in Peach Creek (Segment 1803C) of the Guadalupe River Basin, located in Gonzales, Fayette, and Bastrop Counties. The TCEQ will conduct a public meeting to receive comments on the draft TMDL. This announcement also constitutes notice that the TMDL will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDL for bacteria in Peach Creek (Segment 1803C). The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL. The commission requests comment on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, seasonal variation, linkage between sources and receiving waters, margin of safety, pollutant loading allocation, public participation, and implementation and reasonable assurances. After the public comment period, TCEQ staff may revise the TMDL, if appropriate. The final TMDL will then be considered by the commission for adoption. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments will be made available on the TCEQ Web site. The TMDL will then be submitted to EPA Region 6 for approval. Upon approval, the TMDL will be certified as an update to the State of Texas Water Quality Management Plan.
Written comments should be submitted to Kerry Niemann, Water Programs Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., May 17, 2008, and should reference One Total Maximum Daily Load for Bacteria in Peach Creek, for Segment Number 1803C. For further information regarding the draft TMDL, please contact Kerry Niemann, Water Programs Division, at (512) 239-0483 or kniemann@tceq.state.tx.us. Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling (512) 239-6682.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the commission at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200801864
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: April 8, 2008
The following notices were issued during the period of March 27, 2008 through April 3, 2008.
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 the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
INFORMATION SECTION
AQUA DEVELOPMENT INC has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014114001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located approximately 4.25 miles northwest of the intersection of SR-336 Loop and Interstate Highway 45; approximately 0.25 miles east of Lake Conroe in Montgomery County, Texas.
CRANE CO has applied for a renewal of TPDES Permit No. WQ0012456001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility is located immediately west of Johnson Road and approximately 9.8 miles west of the City of Conroe central business district on the southside of Farm-to-Market Road 2854 in Montgomery County, Texas.
FORESTAR (USA) REAL ESTATE GROUP INC has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed TPDES Permit No. WQ0014815001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day in the final phase. The draft permit referenced in the first Notice of Application and Preliminary Decision included an effluent limit of 4 mg/l Total Nitrogen. Subsequently, the Water Quality Standards Team provided a revised memo dated March 12, 2008, to supercede the previous recommendations to include a Total Nitrogen limit in the permit. The revised memo states that a Total Nitrogen limit is not required. The facility will be located on the southwest side of State Highway 185, approximately 5,500 feet northwest of its intersection with State Highway 238 in Calhoun County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
PASADENA REFINING SYSTEM INC which operates the Pasadena Refinery, has applied for a renewal of TPDES Permit No. WQ0000574000, which authorizes the discharge of storm water on an intermittent and flow variable basis via Outfall 001; and storm water and hydrostatic test water on an intermittent and flow variable basis via Outfalls 002 and 003. The facility is located at 111 Red Bluff Road, immediately northeast of the intersection of Red Bluff Road and South Shaver Street, as well as immediately southeast of the intersection of Red Bluff Road and State Highway 225, in the City of Pasadena, Harris County, Texas.
TEXAS PETROCHEMICALS LP which operates a facility that manufactures butadiene from crude streams used in the production of rubber, has applied for a new permit, proposed TPDES Permit No.WQ0004840000, to authorize the discharge of storm water on an intermittent and variable basis via Outfalls 005, 011, and 201. The facility is located at at the northwest corner of the intersection of FM 366 and Spur 136, Jefferson County, Texas.
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-200801898
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 9, 2008
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 Douglas at (512) 463-5800 or (800) 325-8506.
Deadline: Lobby Activities Report due December 10, 2007
Claudia Flores Rodas, 10060 Buffalo Speedway, Houston, Texas 77054-1302
Deadline: Personal Financial Statement due February 11, 2008
Sally Baynton, 206 Box Oak, San Antonio, Texas 78230
Robert Busha, 6912 Blackwood Dr., Dallas, Texas 75231
Theresa Caballero, 300 E. Main St., Ste. 1136, El Paso, Texas 79901
Richard J. Cole, 831 1/2 W. 5th, Freeport, Texas 77541
Alex Cresswell, 3638 Ocee St., Houston, Texas 77063
David M. Davenport, 19222 Sarah Ann Ct., Humble, Texas 77346
Walter Dawes, 935 Byrne St. #14, Houston, Texas 77009
Harold V. Dutton, Jr., 4001 Jewett St., Houston, Texas 77026
Francisco Javier Estrada, 507 Reynolds St., Laredo, Texas 78040
Guadalupe A. Gonzalez, 2111 Dorado Dr., Mission, Texas 78573
John B. Gordon, 1007 Green Meadow, Round Rock, Texas 78664
Aloysius Hoang, 9527 Almeda Bent Court, Houston, Texas 77075
Kevin T. Howell, 4402 Prairie Ave., Amarillo, Texas 79109
Bob Leonard, Jr., 2800 S. Hulan St., Ste. 210, Fort Worth, Texas 76109
Abel C. Limas, 974 East Harrison, Brownsville, Texas 78520
Jose Menendez, 518 Townsend House Dr., San Antonio, Texas 78251
David Murff, 117 S. Commerce St., Centerville, Texas 75833
Richard A. Olivo, 421-A Executive Center Blvd., El Paso, Texas 79902
David C. Rankin, 3111 Skyline Dr., Nacogdoches, Texas 75965
Ronald E. Reynolds, 6565 W. Loop South, Ste. 115, Bellaire, Texas 77401
Felix Saldivar, Jr., 3160 Lee Trevino, Ste. 110A, El Paso, Texas 79936
James D. Schull, 1328 Trinity Dr., Benbrook, Texas 76126
Drew Shirley, 1819 Briarton Lane N., Round Rock, Texas 78665
Fausto Sosa, 101 W. Hillside, Ste. 11C, Laredo, Texas 78041
James N. Vickery, 1817 Private Road 1268, Hico, Texas 76457
Michael U. Villarreal, 626 Mission St., San Antonio, Texas 78210
Deadline: 8-Day Pre-Election Report due February 25, 2008
Thomas C. Merritt, Alamo PAC Republican Legislative Defenders, 1619 Clarendon, Longview, Texas 75601
James D. Schull, 8507 Hwy. 377 S., Ste. F, Benbrook, Texas 76126
Deadline: Speaker Candidate Report due March 3, 2008
Patrick B. Haggerty, P.O. Box 12337, El Paso, Texas 79913
TRD-200801894
David Reisman
Executive Director
Texas Ethics Commission
Filed: April 9, 2008
Notice of Approval of Coastal Boundary Survey
Pursuant to §33.136 of the Texas Natural Resources Code, notice is hereby given that Jerry Patterson, Commissioner of the General Land Office, approved a coastal boundary survey filed as Chambers County NRC §33.136 Sketch 6, Sheet 1 and Sheet 2, submitted by William E. Merten, Licensed State Land Surveyor, locating the following shoreline boundaries:
Sheet 1: MHW line along Cedar Bayou at Spur 55 (SH 99), being a portion of the west boundary of the John Steele Survey, A-227; coastal boundary located on 10-25-2007;
Sheet 2: MHW line along Cedar Bayou and Galveston Bay at Oak Point Road, being a portion of the west boundary of the John Ijams Survey, A-15; coastal boundary located on 11-20-2007.
The line depicted on the survey fixes the shoreline for purposes of locating a shoreline boundary, subject to movement landward of that line. This survey is intended to provide pre-project baseline information related to an erosion response activity on coastal public lands. An owner of uplands adjoining the project area is entitled to continue to exercise littoral rights possessed prior to the commencement of the erosion response activity, but may not claim any additional land as a result of accretion, reliction, or avulsion resulting from the erosion response activity.
For a copy of this survey or more information on this matter, contact Bill O'Hara, Director of the Survey Division, Texas General Land Office by phone at (512) 463-5212, email at bill.ohara@glo.state.tx.us, or fax at (512) 475-4619.
TRD-200801776
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: April 7, 2008
The Texas Health and Human Services Commission (HHSC) announces its intent to submit the state's application for a renewal of the State of Texas Access Reform PLUS (STAR+PLUS) program, a 1915(b) waiver program to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The current waiver is scheduled to expire August 31, 2008.
STAR+PLUS is designed for Texans who are elderly or who have a physical or mental disability and qualify for SSI benefits or for Medicaid due to low income to integrate delivery of acute and long-term care services through a managed care system. The program serves approximately 180,000 SSI and SSI-related aged and disabled Medicaid recipients in Atascosa, Bexar, Comal, Guadalupe, Kendall, Medina, and Wilson Counties (Bexar Service Area); Brazoria, Fort Bend, Galveston, Harris, Montgomery, and Waller counties (Harris/Harris Expansion Service Area); Aransas, Bee, Calhoun, Jim Wells, Kleberg, Nueces, Refugio, San Patricio, and Victoria counties (Nueces Service Area); and Bastrop, Burnet, Caldwell, Hays, Lee, Travis and Williamson counties (Travis Service Area).
Participants may choose from four Health Maintenance Organizations (HMOs). The HMO health-care provider networks offer a continuum of care with a wide range of options and increased flexibility to meet individual needs. Consumers who join one of the HMOs also have access to value-added services and flexible benefits. Value-added services are additional health care services that an HMO voluntarily elects to provide to its clients at no additional cost to the state.
The proposed waiver is estimated to result in total cost savings of approximately $211 million, with approximately $125 million cost savings in federal funds and $86 million cost savings in state general revenue. First year savings are approximately $83 million, with approximately $49 million cost savings in federal funds and $34 million in state general revenue. Second year savings are approximately $128 million, with approximately $76 million cost savings in federal funds and $52 million in state general revenue.
HHSC is requesting that the waiver renewal be approved for an additional two year period beginning September 1, 2008.
To obtain copies of the proposed waiver, interested parties may contact Carmen Samilpa-Hernandez, Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-620, Austin, Texas 78708-5200, phone (512) 491-1128, fax (512) 491-1953, or by e-mail carmen.samilpa-hernandez@hhsc.state.tx.us.
TRD-200801866
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 8, 2008
Licensing Actions for Radioactive Materials
TRD-200801895
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: April 9, 2008
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 of SOUTHWEST BENEFIT ADMINISTRATORS, LLC., a foreign third party administrator. The home office is PHOENIX, ARIZONA.
Application of ONE SOURCE BENEFIT SOLUTIONS, INC., a domestic third party administrator. The home office is EULESS, TEXAS.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.
TRD-200801901
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 9, 2008
Public Notice - Updated Criminal Conviction Guidelines
The Texas Commission of Licensing and Regulation ("Commission") provides this public notice that, at their regularly scheduled meeting held March 25, 2008, the Commission adopted the Texas Department of Licensing and Regulation's ("Department") updated Criminal Conviction Guidelines pursuant to Texas Occupations Code, §53.025(a). These guidelines describe the process by which the Department determines whether a criminal conviction renders an applicant an unsuitable candidate for the license, or whether a conviction warrants revocation or suspension of a license previously granted. The guidelines present the general factors that are considered in all cases and the reasons why particular crimes are considered to relate to each type of license issued by the Department.
Acts of the 80th Texas Legislature, House Bill 3064, created the "Discount Health Care Programs Act" by adding a new Chapter 76 to Subtitle C, Title 2 of the Texas Health and Safety Code. House Bill 3064 became effective September 1, 2007, and provides for the registration of discount health care card program operators with each of their programs and for the regulation of these programs' operations. The Discount Health Care Programs Act authorizes the Texas Department of Licensing and Regulation to create a new regulatory structure for discount health care card programs.
Also, Acts of the 80th Texas Legislature, House Bill 2094, created the "Texas Towing Act" by adding a new Chapter 2308 to the Texas Occupations Code. The Texas Towing Act gives the authority to regulate towing companies, tow truck drivers, and tow trucks to the Texas Department of Licensing and Regulation. It also transferred the regulatory authority under Texas Occupations Code, Chapter 2303, Vehicle Storage Facilities, from the Texas Department of Transportation to the Texas Department of Licensing and Regulation.
The updated Criminal Conviction Guidelines include the Discount Health Care Card Program, Tow Truck Operators and Permit Holders, and Vehicle Storage Facility Owners and Employees and will become a part of the overall guidelines that are already in place for other Department programs. The Department presented the guidelines applicable to towing and vehicle storage to the Towing and Storage Advisory Board at their meeting of March 14, 2008, and received recommendation of approval.
A copy of the updated Criminal Conviction Guidelines is posted on the Department's website and may be downloaded at www.license.state.tx.us. You may also contact the Enforcement Division at (512) 463-2906 or by email at enforcement@license.state.tx.us to obtain a copy of the updated guidelines.
TRD-200801880
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: April 8, 2008
Instant Game Number 1005 "Bonus Break the Bank"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1005 is "BONUS BREAK THE BANK". The play style is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1005 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1005.
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, MONEY STACK SYMBOL, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000, $7,500 and $75,000.
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. 1005 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) 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: 00000000000000.
F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $500.
H. High-Tier Prize - A prize of $1,000, $7,500 or $75,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1005), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 75 within each pack. The format will be: 1005-0000001-001.
K. Pack - A pack of "BONUS BREAK THE BANK" 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.
L. 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.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BONUS BREAK THE BANK" Instant Game No. 1005 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 "BONUS BREAK THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose 38 (thirty-eight) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any LUCKY NUMBERS play symbol within the same game, the player wins prize shown for that number. If a player reveals a "MONEY STACK" play symbol, the player wins the prize 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 38 (thirty-eight) 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 38 (thirty-eight) 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 38 (thirty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 38 (thirty-eight) 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 in a pack will not have identical play data, spot for spot.
B. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
C. No duplicate LUCKY NUMBERS play symbols on a ticket.
D. No more than four matching non-winning prize symbols on a ticket.
E. A non-winning prize symbol will never be the same as a winning prize symbol.
F. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
G. The MONEY STACK (auto win) play symbol will never appear more than once in a game, but may appear once in both games on tickets that win 2 or more times.
H. No YOUR NUMBER play symbol in one game will match a LUCKY NUMBER play symbol in the other game.
2.3 Procedure for Claiming Prizes.
A. To claim a "BONUS BREAK THE BANK" 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, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not 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 "BONUS BREAK THE BANK" Instant Game prize of $1,000, $7,500 or $75,000, 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 "BONUS BREAK THE BANK" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
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 "BONUS BREAK THE BANK" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "BONUS BREAK THE BANK" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §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 15,000,000 tickets in the Instant Game No. 1005. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery 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. 1005 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. 1005, 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-200801858
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 7, 2008
Notice of Proposed Real Estate Transaction and Opportunity for Comment
Land Acquisition - Walker County
Huntsville State Park
On May 22, 2008, the Texas Parks and Wildlife Commission (the Commission) will consider the acquisition of four acres adjacent to Huntsville State Park in Walker County. The meeting will start at 9:00 a.m. at 4200 Smith School Road, Austin, Texas. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may also be submitted to Corky Kuhlmann, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at corky.kuhlmann@tpwd.state.tx.us or made in person at time of meeting.
TRD-200801885
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: April 8, 2008
Land Acquisition - Williamson County
Twin Lakes County Park On May 22, 2008, the Texas Parks and Wildlife Commission (the Commission) will consider the acceptance of a transfer of 6.18 acres adjacent to Twin Lakes County Park in Williamson County. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may also be submitted to Corky Kuhlmann, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at corky.kuhlmann@tpwd.state.tx.us or made in person at time of meeting.
TRD-200801886
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: April 8, 2008
Conveyance of Easement - Orange County
Tony Houseman Wildlife Management Area
On May 22, 2008, the Texas Parks and Wildlife Commission (the Commission) will consider a recommendation to the General Land Office to convey a pipeline easement on the Tony Houseman Wildlife Management Area in Orange County to Denbury Green Pipeline - Texas LLC. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may also be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or made in person at time of meeting.
TRD-200801887
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: April 8, 2008
Land Acquisition - Brewster County
Big Bend Ranch State Park
On May 22, 2008, the Texas Parks and Wildlife Commission (the Commission) will consider the acquisition of a 20-acre inholding at Big Bend Ranch State Park in Brewster County. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may also be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or made in person at time of meeting.
TRD-200801888
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: April 8, 2008
Request for Qualifications - 405-IT8-0472 - IT Optimization Assistance in the Development of an IT Strategy and Implementation Roadmap
PURPOSE
The Texas Department of Public Safety (TXDPS) is seeking to enter into a contract with a vendor to conduct IT Optimization Assistance in the Development of an IT Strategy and Implementation Roadmap. Given a need to understand the benefits of moving from a de-centralized to a more centralized organization, the leadership wants to develop a new IT strategy.
BACKGROUND
The IT strategy will need to use benchmarking and high level agency specific data to baseline the Department's current costs and opportunities. TXDPS has systems that require all elements of IT infrastructure such as Mainframe, Wintel and Unix servers, helpdesk, desktop, applications and network. Having all the areas of IT synchronized to an approved IT plan will be paramount to the long-term success of the organization.
Budget constraints have created employee retention and system maintenance challenges. A clear strategy and plan is key to the organization's success. This plan must include the optimization of all resources such as people, current assets and investment in future IT needs.
It is the vision of Information Management Service (IMS) to advance from a tactical delivery organization to one focused on the delivery of information technology solutions which enable the agency to meet its objectives and mission. This includes the alignment of the IMS organization with the agency major divisions. The new IMS organization must be flexible in its response to issues and structured with IT governance and policy which dictate best practices and efficient delivery of information technology.
In an effort to ensure continued success for the agency, TXDPS has initiated a project to acquire a comprehensive IT strategy, identifying areas where technology could increase the ability of the agency to do business. A road map for building an architectural foundation, along with potential organizational changes that would improve efficiency and process improvements, is also a focus of the project. Finally, specific remedies are requested in areas where possible underinvestment has put the organization behind relative to its peers or other best-in-class organizations. A recommendations roadmap is needed to prioritize actions for TXDPS.
REQUIREMENTS
TX DPS is seeking a vendor to conduct a detailed assessment of the current IT environment and develop an IT Strategy and implementation plan for TXDPS. The scope of this engagement would include:
1. Documented full disclosure of the current IT environment including:
* Technical and operational environment
* Human Resources, technology, governance, organization, and process
* Risk associated with current and future technology architecture
2. Develop and deliver a comprehensive Technology Strategy and Plan document for TXDPS that is appropriate for the future IT environment. The Technology Strategy and Plan for TXDPS will be aligned with the needs of the business and includes:
* The mission and role of IT within the agency, and key linkages between IT and the agency throughout Texas
* Applications needed to support the needs of the business
* IT infrastructure needed to support these applications
* IT organization and governance most appropriate to support this strategy
3. Develop and deliver an implementation roadmap that outlines the key initiatives needed to move TXDPS IT organization from its current state to the desired state as defined by the IT strategy including:
* The expected return on investments in technology being achieved
* Service Level Agreement review and development
* Organizational structure opportunity and threats
* Staff skill and staffing levels
* Where are there opportunities to increase the cost efficiency of IT?
* Review and evaluate sourcing strategies and alternatives
PROCUREMENT PROCESS
Schedule
The anticipated schedule of events pertaining to this RFQ is as follows:
Posting of the RFQ on the Electronic State Business Daily (ESBD)--April 9, 2008
Texas Register Posting--April 18, 2008
Questions due--April 30, 2008
Official Responses to Questions posted--May 5, 2008
Responses due--May 12, 2008
Contract Execution--May 19, 2008, or as soon thereafter as practical
Inquiries and other Correspondence
Questions concerning this RFQ must be directed in writing only via e-mail to the appropriate TXDPS Point of Contact listed herein. Questions regarding the RFQ must clearly identify which section and paragraph of the RFQ is being referenced. Questions received after April 30, 2008 at 3:00 p.m. will not be answered. Verbal inquiries are not acceptable and will receive no response.
Responses to Inquiries and Addenda
Questions and answers from this RFQ will be posted on the Texas Marketplace, Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/ as time permits, but no later than May 5, 2008 at 5:00 p.m. When contacting the ESBD, Respondents must search under RFQ # 405-IT8-0472.
TXDPS reserves the right in its sole discretion to amend this RFQ to clarify, revise, supplement or delete any provision or to add new provisions. In the event that a revision of the RFQ becomes necessary, addenda will be posted on the Texas Marketplace, Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/. It is the responsibility of Respondents to check this site frequently for amendments and/or addenda to the RFQ.
TXDPS Point of Contact
Any parties interested in obtaining a complete copy of this RFQ should go to the Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/ and download it or contact the TXDPS Point of Contact listed herein. Any correspondence regarding procurement issues (including cost, responses, etc.) for this RFQ prior to the award of any contract shall be made to the TXDPS Point of Contact listed herein in writing only via e-mail. Specify "RFQ# 405-IT8-0472" in the subject.
TXDPS Point of Contact:
Alfred Ramos, CTPM, Purchaser IV
TEXAS DEPARTMENT OF PUBLIC SAFETY
Accounting & Budget Control - Purchasing
5805 North Lamar Blvd., MSC 0130
Austin, Texas 78752
Phone: (512) 424-2870
Fax: (512) 424-2546
E-mail: alfred.ramos@txdps.state.tx.us
Evaluation Criteria and Scoring
TXDPS will comply with §2254.027 of the Texas Government Code regarding the selection of a consultant. Responses will be evaluated under the evaluation criteria outlined in the complete RFQ posted on the Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/. TXDPS reserves the right to accept or reject any or all proposals submitted. TXDPS is not obligated to execute a contract on the basis of this notice or the distribution of any RFQ. TXDPS shall not pay for any costs incurred by any entity in responding to this Notice or the RFQ.
TRD-200801879
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: April 8, 2008
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on April 4, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Friendship Cable of Texas, Inc. d/b/a Suddenlink Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35537 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the City Limits of Baytown, Bogata, and Clarksville, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35537.
TRD-200801876
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 8, 2008
The Public Utility Commission of Texas received an application on April 4, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Comcast of Houston, LLC for An Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35543 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the City Limits of Baytown, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35543.
TRD-200801878
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 8, 2008
Notice is given to the public of an amended application filed on March 21, 2008 with the Public Utility Commission of Texas (commission) for waiver from the requirements in P.U.C. Substantive Rule §26.420(f)(3)(B).
Docket Style and Number: Application of Hill Country Long Distance Telephone Cooperative, Inc., d/b/a Hill Country Long Distance for Waiver to Apply Safe-Harbor Percentage to Calculate Texas Universal Service Fund (TUSF) Assessment Pursuant to P.U.C. Substantive Rule §26.420(f)(3)(B). Docket Number 35421.
The Application: Hill Country Long Distance requests that the commission grant it a permanent waiver from the requirements contained in P.U.C. Substantive Rule §26.420(f)(3)(A) to allow Hill Country Long Distance to use the commission-ordered safe-harbor TUSF assessment methodology to calculate TUSF assessments. On March 21, 2008, Hill Country filed additional information to amend the application in response to Commission Staff's recommendation. The deadline to comment on this application is extended to May 2, 2008.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by May 2, 2008, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All comments should reference Docket Number 35421.
TRD-200801862
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 7, 2008
Notice is given to the public of an application filed on April 4, 2008, with the Public Utility Commission of Texas for an amendment to a certificated service area boundary.
Docket Style and Number: Application of Guadalupe Valley Telephone Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for a Minor Boundary Amendment Between the Sabina Exchange and Verizon SW Boerne Exchange. Docket Number 35535.
The Application: The application is being filed to amend the boundary between Guadalupe Valley Telephone Cooperative, Inc.'s (GVTC) Sabina exchange and Verizon SW's Boerne exchange. The proposed boundary change is being made to encompass all of the Esparanza Subdivision into GVTC's Sabina exchange so that the entire subdivision will be served by GVTC. Verizon SW has provided a letter of concurrence endorsing this proposed change.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by April 25, 2008, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35535.
TRD-200801873
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 8, 2008
Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas on April 3, 2008, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §14.101 and §37.154 (Vernon 2007 & Supplement 2007) (PURA).
Docket Style and Number: Application of South Texas Electric Cooperative, Inc. and Medina Electric Cooperative, Inc. for Sale, Transfer, or Merger, Docket Number 35528.
The Application: This transaction involves transfer of ownership responsibilities from Medina Electric Cooperative, Inc. to South Texas Electric Cooperative, Inc. for all transmission line, switching station, and step down substation assets, including associated property rights, communications equipment, control buildings, and any other equipment installed for the operation and maintenance of transmission line and station equipment. This transaction includes the transfer of certificated facilities. No distribution service territories are affected by the transfer and no Medina Electric Cooperative, Inc. distribution line or "down-line" distribution equipment is being transferred.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All correspondence should refer to Docket Number 35528.
TRD-200801859
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 7, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 3, 2008, for an amendment to certificated service area for a service area exception within Wilson County, Texas.
Docket Style and Number: Application of Guadalupe Valley Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for Electric Service Area Exception within Wilson County. Docket Number 35532.
The Application: Guadalupe Valley Electric Cooperative, Inc. (GVEC) filed an application for a service area boundary exception to allow GVEC to provide service to a specific customer located within the certificated service area of CPS Energy.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than April 25, 2008, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35532.
TRD-200801872
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 8, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 2, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of USFon, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 35522 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, Optical Services, T1-Private Line, Fractional T1, other broadband services, and mobile services.
Applicant's requested SPCOA geographic area includes the area of Texas currently served by all Local Access and Transport Areas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 23, 2008. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35522.
TRD-200801861
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 7, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 3, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of iNetworks Group, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 35529 before the Public Utility Commission of Texas.
Applicant intends to provide T1-Private Line and Dedicated Internet Access.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 23, 2008. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35529.
TRD-200801874
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 8, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 3, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Dabney/Strawn, LLC d/b/a Cybertel for a Service Provider Certificate of Operating Authority, Docket Number 35530 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, SSDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 23, 2008. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35530.
TRD-200801875
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 8, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 4, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Voice Runner, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 35541 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, wireless, and international calling.
Applicant's requested SPCOA geographic area includes the geographic area of the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 23, 2008. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35541.
TRD-200801877
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 8, 2008
Notice is given to the public of an application filed on February 26, 2008 and amended on March 25, 2008, with the Public Utility Commission of Texas for waiver from the requirements in P.U.C. Substantive Rule §26.420(f)(3)(B).
Docket Style and Number: Application of Eastex Telecom Investments, L.P. d/b/a Eastex Long Distance for Waiver to Apply Safe-Harbor Percentage to Calculate Texas Universal Service Fund (TUSF) Assessment Pursuant to P.U.C. Substantive Rule §26.420(f)(3)(B). Docket Number 35405.
The Application: Eastex is a new provider of long distance telephone service in Texas and is registered as an interexchange carrier with the commission. Eastex states that it has elected to use the safe-harbor percentage approved by the commission for its classification of service provided and will be submitting its compliance tariff in to reflect the safe-harbor methodology. Eastex requests that the commission grant it a permanent waiver from the requirements contained in P.U.C. Substantive Rule §26.420(f)(3)(A) to allow Eastex to use the commission-ordered safe-harbor TUSF assessment methodology to calculate TUSF assessments.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by April 30, 2008, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35405.
TRD-200801860
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 7, 2008
Notice is given to the public of the filing, on March 24, 2008, with the Public Utility Commission of Texas (commission) of an application for Administrative Approval to Provide Non-Emergency 311 Service for City of Lubbock pursuant to P.U.C. Substantive Rule §26.127 and AT&T's Texas' existing General Exchange Tariff, Section 47.
Docket Style and Number: Application of Southwestern Bell Telephone Company d/b/a AT&T Texas (AT&T Texas) for Administrative Approval to Provide Non-Emergency 311 Service for City of Lubbock; Docket Number 35484.
The Application: As a certified telecommunications utility (CTU), AT&T Texas seeks approval on behalf of City of Lubbock to provide Non-Emergency 311 (NE311) service to its residents within the city limits of City of Lubbock, Texas and portions of surrounding communities in AT&T Texas' certificated area. NE311 is available to local government entities to provide to their residents an easy to-remember number to call for access to non-emergency services. By implementing NE311 service, communities can improve 911 response times for those callers with true emergencies. Each local government entity that elects to implement 311 will determine the types of non-emergency calls that wi11 be handled by their 311 call center.
Persons who wish to comment on this administrative filing should notify the Public Utility Commission of Texas, by May 19, 2008. Requests for further information should be mailed to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission's Office of Customer Protection at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989.
TRD-200801871
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 8, 2008
The Public Utility Commission of Texas (commission or PUCT) is issuing a Request for Proposals (RFP) for audit services. The vendor will perform audits of Telecommunication Service Providers receiving disbursements from the Texas Universal Service Fund (TUSF). This RFP is being undertaken pursuant to the commission's statutory responsibility as provided for in the Public Utility Regulatory Act (PURA) §§14.001, 14.201, and 55.015.
To be considered, the proposals must arrive at the PUCT on or before the deadline stated on the RFP. This deadline is available on the PUCT website (www.puc.state.tx.us). The vendor must be prepared to begin providing services on or around July 21, 2008.
Entities that meet the definition of a historically underutilized business (HUB), as defined in Chapter 2161, Texas Government Code, §2161.001, are encouraged to submit a proposal.
Project Description. The selected vendor(s) will be responsible for determining whether a TSP receiving Lifeline disbursements from the TUSF is in compliance with laws and regulations. The purpose of the audits is to ensure that only eligible low-income customers and households identified by the PUCT's Low-Income Discount Administrator are receiving the Lifeline telephone discount and that the requested disbursement rate did not exceed the statutory maximum rate. The scope of the audits will include determining whether the TSP has adequate internal controls over its participation in the Lifeline Service program, determining if TSPs are following PUCT established procedures and guidelines, and determining whether there are areas where the operations of the TSP could be improved to provide the PUCT additional assurance that the Lifeline Service Program is operating in compliance with the Public Utility Regulatory Act and PUCT Substantive Rules.
Selection Criteria. The PUCT shall make the selection and award on the basis of the proposer's demonstrated knowledge, competence, and qualifications to provide the requested services as evidenced by the following:
* Proposer's description of its plan to provide the services;
* Proposer's understanding of the issues related to this engagement;
* Proposer's understanding of the scope of this engagement;
* Proposer's qualifications;
* Proposer's previous history, if any, working with the PUCT;
* Proposer's response to conflicts of interest, if any;
* Proposer's financial capability;
* Proposer's compensation;
* Proposer's references; and
* Proposer's HUB status and use of HUB subcontractors.
All other factors being equal, preference will be given to a proposer who is incorporated in Texas, whose principal place of business is in the state, or who has an established physical presence in the state.
Requesting the Proposal. A complete copy of the RFP may be obtained by written request to Cindy Wilson, Purchaser, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, TX 78701, or by fax (512) 936-7058, or email at purchasing@puc.state.tx.us. You may also download the RFP from the PUCT website at http://www.puc.state.tx.us/about/procurement/index.cfm and from the Electronic Business Daily website at http://esbd.cpa.state.tx.us.
Deadline for Receipt of Proposals. Proposals must be received on or before the deadline stated on the RFP in the Public Utility Commission of Texas Central Records. Proposals received after the deadline will not be considered. Proposals may be received in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on holidays. In determining the time and date of receipt, the commission will rely solely on the time/date stamp of Central Records.
TRD-200801897
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 9, 2008
Notice of Consultant Contract Amendment
In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, Stephen F. Austin State University furnishes this notice of amendment of the University's contract with consultant Carolyn Norton, 104 Oak Valley St., Lufkin, TX 75904. The original contract was in the sum of $24,124.98 plus font software expenses, with a beginning date of October 1, 2007 and ending date of August 31, 2008. The contract will be amended to include graphic design and layout for an additional edition of the university magazine for an amount not to exceed $20,000.
No documents, films, recording, or reports of intangible results will be required to be presented by the outside consultant.
For further information, please call Andy Kesling at (936) 468-2605.
TRD-200801760
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: April 4, 2008
RFQ01 COMM-8-006 Communications Consultant
The Texas A&M University System is accepting proposals and intends to enter into an Agreement with a consultant to perform the duties of communications consultant including but not limited to providing direction for the development and implementation of a national communications campaign to proactively promote critical research and academic projects to the public and national media; and to provide general communications advice and consultation as requested.
The Request for Qualifications (RFQ) documentation may be obtained by contacting: Don Barwick, HUB and Procurement Manager, System Office of HUB and Procurement Programs, The Texas A&M University System, 200 Technology Way, Ste. 1267, College Station, Texas 77845 or e-mail at dbarwick@tamu.edu.
The Texas A&M University System Communications Office requires the services of an outside consultant with the experience, expertise, and contacts to proactively promote activities and accomplishments related to scientific and medical research and advances in technology, healthcare, and training among the System's various constituents, including national media.
The A&M System will base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.
Proposals must be received on or before 2:00 p.m. CDT on May 5, 2008.
TRD-200801752
Don Barwick
HUB and Procurement Manager
The Texas A&M University System
Filed: April 4, 2008
Aviation Division - Addendum 1 Request for Proposal for Aviation Architectural/Engineering Design-Build Services
In the April 11, 2008, issue of the Texas Register (33 TexReg 3076), the Texas Department of Transportation, Aviation Division, published a request for proposal for aviation architectural/engineering design-build services for Arlington Municipal Airport Terminal Building. The following is published for clarification.
Addendum #1 to Texas Department of Transportation Aviation Division Request for Proposal for Aviation Services, Project Number TxDOT CSJ No. 08TBARLNG, New Airport Terminal at Arlington Municipal Airport:
1. The Request for Proposals is changed to a Request for Qualifications in accordance with Local Government Code, Chapter 271, §271.119.
2. The outcome of the Request for Qualifications will be the selection of a design-build team that will include both a constructor and an aviation professional architectural/engineering firm. The selection of the design-build team will be made based solely on the qualifications of the team.
3. The project is located at 5000 South Collins Street, Arlington, Texas 76018.
4. The budget for this project is $4.57 million and the scope includes demolition of the existing terminal facility, the design and construction of a new terminal building, vehicular parking to support the facility, and realignment of the access road from the new terminal to South Collins Street.
5. The new terminal building must include, as a minimum, the following components:
a. Administrative office space for the Airport Manager, Assistant Airport Manager, and Clerk
b. File room
c. Employee break room
d. Operations office
e. Conference room for a minimum of 20 people
f. Lobby and reception area
g. Accessible bathroom facilities
h. Lease space for aviation businesses
i. Flight planning area
j. Vault for the runway lighting system
6. Information about the proposed aviation design professional(s) and the design schedule must be provided on Form AVN-550.
7. Information about the constructor and other information needed to evaluate the proposals are to be submitted in the bound supplement. The supplement is not to exceed 16 pages, exclusive of binders. (NOTE: This is increased from 10 pages.)
8. The project will be executed in two phases. Phase 1 will consist of a contract for the development of a facility programming document and design documents. When the design documents are to a point where a guaranteed maximum price can be established for the construction, the contract will be amended to include the construction phase.
TRD-200801863
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: April 7, 2008
The Texas Department of Transportation (TxDOT) intends to engage aviation professional services firm pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT will solicit and receive proposals for professional services for obstruction surveys for multiple airports, to the current standards listed in FAA AC 150/5300-13 Change 12, Appendix 16.
TxDOT CSJ No.: 08OBSURVY
The Aviation Division of TxDOT intends to enter into two to three contracts with prime providers to perform professional obstruction surveying services. Work will be performed at various locations within the 254 counties of the state of Texas.
Interested firms shall prepare a proposal according to the following criteria:
The criteria and points will be based on the following:
1. No more than one typed page describing general qualifications of the company including years of operation, types of surveys successfully completed, evidence of timely completion of projects, certifications held, and other data pertinent to the company in general. 30 points
2. No more than three typed pages detailing staff who will be utilized under this project and their qualifications and experience. 20 points
3. No more than one typed page listing equipment owned or controlled (leased) by the company for use under this project. 10 points
4. No more than three typed pages describing the process and method utilized to perform obstruction surveys as required to be performed under this project. 30 points
5. List of at least five references, and list of 10 most recent completed obstruction surveys. TxDOT Aviation Division staff may not be used as references. 10 points
There is no DBE goal.
Services to be Provided by the Consultant:
The selected consultants shall prepare an Obstruction Survey for each runway consisting of the digital orthorectified imagery, Unified Data Delivery Format (UDDF) file acceptable to FAA and NGS, and a map of the area in AutoCAD 2004 or 2007 using TxDOT standards, which meet the standards in the Federal Aviation Administration's (FAA) No. 405 "Standards for Aeronautical Surveys," including regional revisions, and Advisory Circular (AC) 150/5300-13 "Airport Design", currently Change 12, Appendix 16. The UDDF shall be certified by a registered professional land surveyor. The consultant will also complete the forms "Airport Data Form" and "Airport Design Standards - Instrument Approach Procedures" to accompany the UDDF file. All information required in the FAA checklist and application for new approaches shall be included in the UDDF and accompanying forms. The UDDF file and forms will be completed to a level that will allow the UDDF to be approved by FAA and NGS and the forms to be accepted by TxDOT.
The area map will be completed using the standardized layer structure, line types, and plot styles supplied by TxDOT. The completed draft AutoCAD 2004 or 2007 files shall be transmitted on a CD to TxDOT in final form upon acceptance of the UDDF by NGS and FAA. The data forms shall be submitted in Word and PDF formats, signed by the surveyor.
The survey map and UDDF will be completed in a period of 120 days for each airport location, not inclusive of review times by the FAA and TxDOT.
Five completed, unfolded copies of the proposal must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than May 12, 2008, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Amy Slaughter.
Consultant selection will be made by a committee composed of Aviation Division staff members. The final selection by the committee will generally be made following the completion of a review of proposals. The committee will review all proposals and rate and rank each. All firms will be notified and the top rated firms will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews. The committee reserves the right to reject any and all proposals and to conduct new professional services selection procedures.
If there are any procedural questions, please contact Amy Slaughter, Grant Manager, or the designated Project Manager, Keith Snodgrass for technical questions at 1-800-68-PILOT (74568).
TRD-200801755
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: April 4, 2008
Notice of Request for Information (RFI) for Outside Legal Services Related to Intellectual Property Matters
The University of North Texas System (UNT System) requests information from law firms interested in representing its component institution the University of North Texas Health Science Center at Fort Worth (UNTHSC) in intellectual property matters. This RFI is issued to establish (for the time frame beginning September 1, 2008 to August 31, 2009) a referral list from which UNT System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific intellectual property matters as the need arises.
Description: The UNT System comprises one health institution and two academic institutions located in three cities in Texas. Research activities and other educational pursuits at UNTHSC produce intellectual property that is carefully evaluated for protection and licensing to commercial entities. Subject to approval by the Office of the Attorney General (OAG) for the State of Texas, UNTHSC will engage outside counsel to prepare, file, prosecute, and maintain patent applications in the United States and other countries; secure copyright protection for computer software; and to prepare, file and prosecute applications to register trademarks and service marks in the United States and other countries. UNTHSC also will engage outside counsel from time to time to pursue litigation against infringers of these intellectual property rights and to handle other related matters. The UNT System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of UNT System's Office of General Counsel.
Responses; Qualifications: Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services requested, including the firm's prior experience in intellectual property-related matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and intellectual property matters in particular; (2) the names, experience, and scientific or technical expertise of the attorneys and patent agents who may be assigned to work on such matters; (3) the submission of fee information (either in the form of hourly rates for each attorney and patent agent who may be assigned to perform services in relation to UNTHSC's intellectual property matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the UNT System, UNTHSC, or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (5) confirmation of willingness to comply with policies, directives and guidelines of the UNT System, UNTHSC and the OAG for the State of Texas.
The law firm(s) or attorney(s) will be selected based on demonstrated knowledge and experience, quality of staff assigned to perform services under the contract, compatibility with the goals and objectives of UNTHSC, and reasonableness of proposed fees. The successful firm(s) or attorney(s) will be required to sign the Texas OAG's Outside Counsel Agreement, and execution of a contract with UNTHSC is subject to approval by the Texas OAG. UNTHSC reserves the right to accept or reject any or all responses submitted. UNTHSC is not responsible for and will not reimburse any costs incurred in developing and submitting a response.
Format and Person to Contact: Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail, facsimile, or electronic mail, or delivered in person, marked "Response to Request for Information," and addressed to Jon McGough, Associate General Counsel, Office of General Counsel, UNT System, c/o 3500 Camp Bowie Blvd., Fort Worth, Texas 76107-2699; or email jmcgough@hsc.unt.edu; or fax to (817) 735-0433.
Deadline for Submission of Response: All responses must be received by the Office of General Counsel at the address set forth above no later than 5:00 p.m., June 6, 2008. Questions regarding this request may be directed to Mr. McGough at (817) 735-5028.
TRD-200801889
William S. LeMaistre, JD, MPH
Senior Associate General Counsel
University of North Texas Health Science Center
Filed: April 8, 2008
The University of North Texas System (UNT System) requests information from law firms interested in representing its component institution the University of North Texas Health Science Center at Fort Worth (UNTHSC) in certain immigration matters. This RFI is issued for the purpose of establishing (for the time frame beginning September 1, 2008 to August 31, 2009) a referral list from which UNTHSC, by and through its Office of Vice Chancellor and General Counsel, will select appropriate counsel for representation on specific immigration matters as the need arises.
Description. The UNT System comprises one health institution and two academic institutions located in three cities in Texas. The UNTHSC comprises four schools: a medical school, a graduate school of biomedical sciences, a school of public health, and a school of health professions. UNTHSC institutions attract and employ faculty and staff from around the world in furtherance of their mission. There are circumstances when the hiring of foreign faculty and staff is impacted by U.S. immigration laws. Further, students from around the world attend UNTHSC. There are circumstances when the attendance of foreign students at UNTHSC is impacted by immigration laws. Subject to approval by the Texas Attorney General, UNTHSC will engage outside legal counsel to provide legal counsel and advice to the UNTHSC on immigration law matters pertaining to the hiring and employment of aliens and immigration law matters pertaining to foreign students. This legal counsel and advice may include, but not be limited to, the following: matters regarding petitioning for nonimmigrant visas; petitioning for employer sponsored permanent residency; representation before the Department of Labor including labor condition applications, labor certifications, PERM; complying with SEVIS requirements; and providing counsel on the impact of homeland security issues on immigration law. This legal counsel will include interaction with and representation before applicable U.S. governmental agencies including the Department of Homeland Security and the Department of Labor. This legal counsel will include interaction with the UNT System Office of General Counsel and UNTHSC Human Resource Office. The law firm should be admitted to practice before Texas United States District Courts.
The UNT System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of UNT System Office of Vice Chancellor and General Counsel.
Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in immigration law-related matters including experience handling such immigration issues specific to hiring foreign faculty, physicians and staff at a university, the names and experience of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and others assigned to the project, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to UNTHSC's immigration law matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) a comprehensive description of the procedures to be used by the firm to supervise the provision of legal services in a timely and cost-effective manner; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the UNTHSC or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (5) confirmation of willingness to comply with policies, directives and guidelines of the UNTHSC and the Attorney General of the State of Texas.
Format and Person to Contact. Responses should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information - Immigration Matters" and addressed to William S. LeMaistre, Office of General Counsel, The University of North Texas System, 3500 Camp Bowie Blvd., Fort Worth, Texas 76107-2699; (wlemaist@hsc.unt.edu; fax: (817) 735-0433; telephone (817) 735-2527 for questions). If responding by mail, two copies of the response are requested. The response should be typed, preferably double-spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together.
Deadline for Submission of Response. All responses must be received by the Office of Vice Chancellor General Counsel of the UNT System at the address set forth above not later than 5:00 p.m., June 6, 2008.
TRD-200801890
William S. LeMaistre, JD, MPH
Senior Associate General Counsel
University of North Texas Health Science Center
Filed: April 8, 2008