In Addition

In Addition

Department of Assistive and Rehabilitative Services

Notice of Public Hearing

The Department of Assistive and Rehabilitative Services (DARS) will hold a public hearing from 2:00 p.m. to 4:00 p.m. on Thursday, March 13, 2008, in Conference Room 250 of the DARS Administration Building at 4800 North Lamar Boulevard in Austin, Texas, to receive public comments on the proposed FY 2008-2009 Maximum Allowable Payment Schedule (MAPS) rates used for the purchase of medical and medical-related services. The proposed implementation date for the new MAPS rates is April 1, 2008.

The schedule of proposed rates may be viewed or copies may be obtained by calling Stuart McPhail with DARS at (512) 424-4144 or visiting DARS at the Brown Heatly Building at 4900 North Lamar, Austin, Texas 78751.

Written comments on the proposed rates may be submitted to Stuart McPhail, Department of Assistive and Rehabilitative Services, 4900 North Lamar Boulevard, Austin, Texas 78751.

TRD-200800878

Sylvia F. Hardman

Deputy Commissioner for Legal Services

Department of Assistive and Rehabilitative Services

Filed: February 13, 2008

Office of the Attorney General

Deadline to Submit Comments on House Bill 3430 Proposed Guidelines

The Office of the Attorney General (OAG) published the House Bill 3430 Small Business Impact Proposed Guidelines in the February 1, 2008 issue of the Texas Register (33 TexReg 985). The OAG will develop Final Guidelines in response to any comments received within 30 days of the publication. Accordingly, the deadline to submit written comments to the OAG on the Proposed Guidelines is Monday, March 3, 2008.

To submit comments regarding the Proposed Guidelines, please contact:

Jeb Boyt

Assistant Attorney General

Office of the Attorney General

(512) 475-4200

(512) 474-1062 (fax)

jeb.boyt@oag.state.tx.us

TRD-200800728

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 6, 2008

Notice of Settlement of Texas Hazardous Waste Enforcement Action

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

Case Title and Court: Settlement Agreement in State of Texas v. Texas Molecular (TM) Corpus Christi Services, L.P.; Cause No. D1-GV-07-001054, 250th Judicial District, Travis County, Texas.

Background: This suit alleges violations of the rules promulgated by the Texas Commission on Environmental Quality under the Solid Waste Disposal Act for violations related to the endangerment of the public health and welfare. The Defendant is Texas Molecular (TM) Corpus Christi Services, L.P. The suit seeks civil penalties, attorney's fees, and court costs.

Nature of Settlement: The settlement awards $200,00.00 in civil penalties and $24,858.75 in attorney's fees to the State. Of the settlement amount awarded, $100,000 of the civil penalty will be deferred contingent on the Defendant contributing $100,000 to three Supplemental Environmental Projects in Nueces County.

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

TRD-200800836

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 12, 2008

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of February 1, 2008, through February 7, 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 February 13, 2008. The public comment period for this project will close at 5:00 p.m. on March 14, 2008.

FEDERAL AGENCY ACTIONS:

Applicant: Rowan Marine Services; Location: The project is located on Sabine River, at 8010 South First Avenue, in Sabine Pass, Jefferson County, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 413935; Northing: 3290301. Project Description: The applicant proposes to replace an existing bulkhead with a new steel-pipe bulkhead immediately seaward of the existing bulkhead in the Sabine River. The new bulkhead will consist of linked 42 to 48-inch outside diameter steel pipe piles, tied back to a deadman wall, approximately 100 feet behind the existing bulkhead. The initial phase of the repairs will include about 400 feet of new bulkhead with an additional 600 feet in later stages. The gap between the walls will be filled with an estimated 6,700 cubic yards of material; and less than 0.3 acre of surface area of wetlands will be filled. The purpose is to repair the existing bulkhead. CCC Project No.: 08-0067-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-01964 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Mr. Maxey and Dr. Frances Mayo; Location: The project is located in Aransas Bay, at 1900 Bayshore Drive, in Rockport, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Rockport, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 694110; Northing: 3102800. Project Description: The applicant proposes to restore eroded land under and immediately adjacent to their residential house to prevent ongoing damage to the residence foundation. The proposed work consists of the installation of a 4.5-foot-high by 118-foot-long perimeter riprap breakwater and subsequent backfilling with approximately 385 cubic yards of fill material to an elevation of approximately 4.5 feet above the bay bottom. The proposed project will displace an approximate 3,000-square-foot tidal area under and waterward of the existing pile-supported portion of the residence. CCC Project No.: 08-0068-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-1848 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Davis Petroleum Corporation; Location: The project is located in Trinity Bay State Tract (ST) 48, approximately 10.2 miles southeast of Baytown, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Umbrella Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 320259; Northing: 3282189. Project Description: The applicant proposes to lay and maintain a pipeline up to 6 inches in diameter from ST 48 Well No. 2 approximately 1,086 feet to ST 48 Well No. 1 ("LINE D"). The installation of "LINE D", between Wells 1 and 2 would result in the displacement of approximately 650 cubic yards of material. The applicant is also requesting authorization to lay and maintain a pipeline up to 6 inches in diameter from said Well #1 to one of the following points: "LINE A" Option - This option would involve a pipeline approximately 18,687 feet in length that would connect to an existing Davis Petroleum 8-inch Umbrella Point pipeline in ST 90. This option would result in the approximately 11,100 cubic yards of sediment displacement. "LINE B" Option - This option would involve a pipeline approximately 18,231 feet in length that would connect to an existing Sandridge Energy platform in ST 74. This option would result in the approximately 10,800 cubic yards of sediment displacement. "LINE C" Option - option would involve a pipeline approximately 7,854 feet in length connecting to an existing Yuma Petroleum platform in ST 69. This option would result in the approximately 4,700 cubic yards of sediment displacement. CCC Project No.: 08-0069-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-01555 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200800841

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: February 13, 2008

Comptroller of Public Accounts

Notice of Award

The Comptroller of Public Accounts, State Energy Conservation Office (SECO) announces this notice of award for energy engineering services for the Local Government Program.

Three contracts were awarded to the following:

1. Carter & Burgess, Inc., 777 Main Street, Fort Worth, Texas 76102. The total amount of the contract is not to exceed $300,000.00. The term of the contract is February 11, 2008 through August 31, 2008.

2. Texas Energy Engineering Services, Inc., 1301 Capital of Texas Highway, Austin, Texas 78746. The total amount of the contract is not to exceed $200,000.00. The term of the contract is February 11, 2008 through August 31, 2008.

3. ESA Energy Systems Associates, Inc., 100 East Main, Suite 201, Round Rock, Texas 78664. The total amount of the contract is not to exceed $200,000.00. The term of the contract is February 11, 2008 through August 31, 2008.

The notice of request for proposals (RFP #180f) was published in the September 21, 2007, issue of the Texas Register (32 TexReg 6656).

TRD-200800810

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: February 11, 2008

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/18/08 - 02/24/08 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 02/18/08 - 02/24/08 is 18% for Commercial over $250,000.

¹ Credit for personal, family, or household use.

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

TRD-200800809

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 11, 2008

Deep East Texas Local Workforce Development Board

Request for Quotes

Workforce Solutions Deep East Texas is seeking quotes from qualified entities for monitoring of subcontractors.

The Board was organized in October 1996 under Texas SB 642 and HB 1863 to plan and oversee an integrated workforce system in the Deep East Texas Workforce Development Area (WDA). The WDA is a 12-county, rural area that includes Angelina, Houston, Jasper, Nacogdoches, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, and Tyler Counties. Workforce programs under the Board's purview are the Workforce Investment Act, TANF/Choices, Food Stamp Employment and Training, Project RIO, Trade Act, Employment Services, and subsidized child care. Additional information on the Board can be accessed at the Board's website www.detwork.org.

The period of performance shall be May 1, 2008 through April 30, 2009.

Request for Quotes (RFQ) release date: 8:00 a.m., Friday, February 8, 2008.

A Bidder's Conference will be held in the Board Conference Room, 539 S. Chestnut, Suite 300, Lufkin, Texas at 2:00 p.m. CST on February 21, 2008. Attendance at the bidder's conference is not mandatory but is highly recommended. Attendance may be in person or via teleconference. Potential bidders should contact Chris Gaston prior to 5:00 p.m. CST on February 19, 2008 to arrange to participate in the teleconference. Bidders will have an opportunity to ask questions concerning the procurement. Questions may be asked at the bidder's conference or written questions may be submitted by 5:00 p.m. CST on February 19, 2008 via email to Chris Gaston at chris.gaston@twc.state.tx.us or via fax at (936) 633-7491.

Deadline for submission of proposals: 3:00 p.m., March 7, 2008.

RFQ can be accessed at www.detwork.org or requests for copies of the RFQ can be made to:

Chris Gaston, Procurement/Contract Manager

Workforce Solutions Deep East Texas

539 S. Chestnut, Suite 300

Lufkin, Texas 75901

Telephone: (936) 639-8898

Fax: (936) 633-7491

Email: chris.gaston@twc.state.tx.us

TRD-200800780

Chris Gaston

Procurement/Contract Manager

Deep East Texas Local Workforce Development Board

Filed: February 8, 2008

Texas Education Agency

Notice of Correction: Request for Applications Concerning the 2007-2009 Rural Technology Grant

The Texas Education Agency (TEA) published Request for Applications (RFA) Concerning the 2007-2009 Rural Technology Grant, RFA #701-08-106, in the February 1, 2008, issue of the Texas Register (33 TexReg 991).

The TEA is amending the dates of the project. The Rural Technology Grant pilot program will be implemented during the 2007-2008, 2008-2009, and 2009-2010 school years. This correction reflects a change from the original project dates of the 2007-2008 and 2008-2009 school years.

The ending date of the project has also been revised to reflect the amended project dates. Applicants should plan for an ending date of no later than May 31, 2010. This correction reflects a change from the original ending date of no later than August 31, 2009.

In addition, the title of the RFA has been updated to reflect the amended project dates. The corrected title is Request for Applications Concerning the 2007-2010 Rural Technology Grant.

Further Information. For clarifying information about the RFA, contact Rebecca Schroeder, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269.

TRD-200800848

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 13, 2008

Request for Applications Concerning Student Excellence and Readiness through Volunteers in Education (SERVE), 2007-2008 and 2008-2009

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-07-132 from non-profit organizations to provide volunteers to enhance college and workforce readiness through classroom and after-school programs throughout the state.

Description. The Student Excellence and Readiness through Volunteers in Education (SERVE) program is designed to support organizations which provide volunteers to enhance college and workforce readiness through supplemental classroom and after-school programs. By creating or increasing the existing capacity of an organization to serve students using a volunteer core of interested community participants, the program should ultimately lead to higher levels of college and workforce readiness and lower dropout rates among participating students, as well as increased community involvement in education.

In order to be considered for funding, applicants must (1) describe how the organization will provide volunteers to teach curriculum in classroom or after-school programs to enhance college readiness, workforce readiness, dropout prevention, or personal financial literacy; (2) describe how applicant will provide trained volunteers to present a research-based curriculum in classroom or after-school programs to address college and workforce readiness, dropout prevention, or personal financial literacy; (3) describe how grant funds will be used to (a) recruit volunteers, (b) train newly-recruited volunteers, (c) provide ongoing training for participating volunteers, and (d) retain volunteers; (4) demonstrate an ability to provide grant services to students in districts throughout the state by describing the applicant's organizational structure and service region; (5) provide evidence that a majority of the students served with grant funds are considered at risk of dropping out of school; (6) provide services to at least 16,000 students statewide using grant funds; (7) describe both the proposed curriculum and proposed instructional methods to be used and provide evidence indicating how the proposed curriculum and instructional methods will assist students in the areas of college readiness, workforce readiness, dropout prevention, or personal financial literacy; and (8) describe how activities funded by the grant will help to build capacity by the organization and how the activities will be sustained after the grant has ended.

Dates of Project. The SERVE program will be implemented during the 2007-2008 and 2008-2009 school years. Applicants should plan for a starting date of no earlier than June 1, 2008, and an ending date of no later than August 15, 2009.

Project Amount. Funding will be provided for approximately one project. The project will receive a maximum of $500,000 for the grant period. This project is funded 100 percent from nonfederal sources.

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. Special consideration (or priority) will be given to applicants providing a comprehensive research-based curriculum encompassing all four curriculum elements: (1) college readiness, (2) workforce readiness, (3) dropout prevention, and (4) personal financial literacy. Priority consideration will also be given to applicants providing program-specific achievement data such as student self-assessments, educator feedback, and/or other appropriate data collection instruments which demonstrate that the proposed curriculum and instructional methods have a proven record of (1) improving the college and workforce readiness and personal financial literacy of students identified as being at risk of dropping out of school, and (2) reducing the likelihood of students dropping out of school. 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), Friday, March 28, 2008, to be eligible to be considered for funding.

TRD-200800842

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 13, 2008

Request for Applications Concerning Texas 21st Century Community Learning Centers Grant Program, Cycle 5, Year 1, RFA #701-08-107

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-107 for the Texas 21st Century Community Learning Centers Grant Program, Cycle 5, Year 1, from local educational agencies (LEAs) including public school districts, open-enrollment charter schools, and regional education service centers; community-based organizations (CBOs); and other public or private entities, nonprofit or for profit, or a consortium of two or more agencies, organizations, or entities to establish or expand community learning centers. Examples of agencies and organizations eligible under the Texas 21st Century Community Learning Centers Grant Program include, but are not limited to, nonprofit agencies, city or county government agencies, faith-based organizations, institutions of higher education, and for-profit corporations. A shared services arrangement (SSA) of two or more LEAs is also eligible to apply.

An application must designate the specific campus(es) that meet the eligibility requirements of the grant in order to determine the students and families to be served in the 21st Century Community Learning Center(s). Eligible campuses are those that qualify for schoolwide programs under Title I, Section 1114, or schools that have a high percentage of low-income families (40 percent or more students identified as economically disadvantaged). Centers can be located in elementary or secondary schools or similarly accessible facilities. Each community learning center may serve students from more than one eligible campus, but an eligible campus may not be served by more than one community learning center.

Description. The purpose of the Texas 21st Century Community Learning Centers Grant Program, Cycle 5, Year 1, is to provide opportunities beyond the normal school day for communities to establish or expand activities in community learning centers that (1) provide opportunities for academic enrichment, including providing tutorial services to help children, particularly students who attend low-performing schools, meet state and local student academic achievement standards in core academic subjects, such as reading and mathematics; (2) offer students a broad array of additional services, programs and activities, such as youth development activities; drug and violence prevention programs; counseling programs; art, music, and physical education and fitness programs; and technology education programs that are designed to reinforce and complement the regular academic program of participating students; and (3) offer families of students served by community learning centers opportunities for literacy and related educational development. Program services must be offered only when schools are not in session (before or after school, during holidays, or during summer recess). The program must be carried out in active collaboration with the schools the students attend. Applications must provide for partnerships between an LEA, a CBO, and other public or private organizations, if appropriate.

Dates of Project. Applicants should plan for a starting date of no earlier than August 1, 2008, and an ending date of no later than July 31, 2009. Applicants must begin the operation of the community learning centers no later than September 8, 2008, for the 2008-2009 school year.

Project Amount. Approximately $24 million is available for funding during the 2008-2009 school year and the summer of 2009. The grant request may not be less than $50,000 or greater than $100,000 per community learning center. Project funding in the second and third years will be based on satisfactory progress of the first and second year objectives and activities, respectively; on general budget approval by the U.S. Congress; the number of centers established; the number of students and campuses served by each center; and on the activities to be implemented during out-of-school time throughout the grant period. This project is funded 100 percent from 21st Century Community Learning Center federal funds.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant program and the extent to which the application addresses the primary objective(s) and intent of the project. Applications must address each statutory requirement as specified in the RFA and receive a basic average score of above 70 percent of the total points to be considered for funding. The TEA reserves the right to select from the highest ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

Applicant's Conference. Prospective applicants will be provided an opportunity to receive general and clarifying information from the TEA about the scope of the Texas 21st Century Community Learning Centers Grant Program, Cycle 5, Year 1, on Monday, March 3, 2008, from 1:00 p.m. until 3:00 p.m. on the Texas Educational Telecommunication Network (TETN) available at each regional education service center. The conference will be videotaped. Pre-conference questions may be sent to vicki.logan@tea.state.tx.us prior to March 3, 2008. Each person attending will be required to sign a register setting out the representative's name and the name, address, and telephone number of the applicant organization represented. Prospective applicants who are not able to attend the Applicant's Conference may request a copy of the videotape at no charge from the TEA Division of Discretionary Grants using the contact information that follows.

Requesting the Application. A complete copy of RFA #701-08-107 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) 463-9269; 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 Vicki Logan, Division of Discretionary Grants, Texas Education Agency, (512) 475-4468. In order to ensure 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 or at the Applicant's Conference 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 Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, April 17, 2008, to be eligible to be considered for funding.

TRD-200800843

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 13, 2008

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 24, 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 March 24, 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: Builders Marble Company; DOCKET NUMBER: 2007-1433-AIR-E; IDENTIFIER: RN104491055; LOCATION: Farmersville, Collin County, Texas; TYPE OF FACILITY: synthetic marble products manufacturing plant; RULE VIOLATED: 30 Texas Administrative Code (TAC) §122.146(1) and (2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to timely submit the required annual compliance certification; 30 TAC §§101.20(2), 116.115(c), and 122.143(4), Permit Number 74386, Special Condition (SC) Number 5, and THSC, §382.085(b), by failing to submit an initial notification of applicability to 40 Code of Federal Regulations (CFR) Part 63, Subpart WWWW; 30 TAC §§101.20(2), 116.115(c), and 122.143(4), Permit Number 74386, SC Number 5, and THSC, §382.085(b), by failing to submit semiannual reports; 30 TAC §116.115(c), Permit Number 74386, SC Number 10(c), and THSC, §382.085(b), by failing to properly maintain a recordkeeping system; and 30 TAC §116.115(c), Permit Number 74386, SC Number 4, and THSC, §382.085(b), by failing to physically identify and mark all equipment that has the potential to emit air contaminants on a conspicuous location with the facility identification numbers; PENALTY: $13,860; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Barney M. Davis, LP; DOCKET NUMBER: 2007-1570-AIR-E; IDENTIFIER: RN100642040; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: electricity generation plant; RULE VIOLATED: 30 TAC §111.111(a)(1)(B) and §116.115(c), Air Permit Number 1177, SC Number 4, and THSC, §382.085(b), by failing to prevent an excess opacity event; and 30 TAC §101.201(e) and THSC, §382.085(b), by failing to report an excess opacity event within 24 hours; PENALTY: $2,470; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(3) COMPANY: Davis Gas Processing, Inc.; DOCKET NUMBER: 2007-1620-AIR-E; IDENTIFIER: RN100245182 and RN100227735; LOCATION: Crockett and Callahan Counties, Texas; TYPE OF FACILITY: natural gas processing plants; RULE VIOLATED: 30 TAC §101.10(e) and THSC, §382.085(b), by failing to submit an annual emissions inventory update for the 2006 calendar year for the Neleh Gas System and the Shackelford Gas Plant; PENALTY: $5,225; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479; 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(4) COMPANY: City of Eldorado; DOCKET NUMBER: 2007-1848-MSW-E; IDENTIFIER: RN102142999; LOCATION: Eldorado, Schleicher County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §330.137 and Permit Number 2264, Part IV-Site Operating Plan (SOP) (k), by failing to display required lettering information on landfill signs found at all entrances through which wastes are received; 30 TAC §330.139 and Permit Number 2264, Part IV-SOP (1), by failing to maintain the working face in a manner as to control windblown solid waste; 30 TAC §330.165(a) and (b) and Permit Number 2264, Part IV-SOP (y), by failing to provide daily cover to the working face of the landfill and by failing to provide intermediate cover to inactive portions of the landfill; 30 TAC §330.165(h) and Permit Number 2264, Part IV-SOP (y)(7), by failing to maintain a cover application record on site and make it readily available for inspection; 30 TAC §330.167 and Permit Number 2264, Part IV-SOP (z), by failing to control ponded water on the landfill surface; 30 TAC §330.11(b), by failing to provide written notice to the executive director of any changes concerning waste management methods; and 30 TAC §330.305(b) and Permit Number 2264, Part III-Site Development Plan (g), by failing to maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge; PENALTY: $4,810; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(5) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2007-1637-AIR-E; IDENTIFIER: RN102579307; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: refining and supply company; RULE VIOLATED: 30 TAC §116.715(a), Permit Number 18287, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $13,775; Supplemental Environmental Project (SEP) offset amount of $6,887 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2007-0581-MLM-E; IDENTIFIER: RN100219252; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §§106.4(c), 113.120, 122.143(4), and 335.4, Federal Operating Permit (FOP) Number O-02288, Special Terms and Conditions (STC) Numbers 1D, 16, and 17, 40 CFR §63.135(b), the Code, §26.121(c), and THSC, §382.085(b), by allowing unauthorized emissions to the atmosphere and causing an unauthorized discharge to the soil; and 30 TAC §116.115(c) and §122.143(4), FOP Number O-01320, STC Number 13, New Source Review (NSR) Permit Number 5952A, SC Number 1, NSR Permit Number 19823, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; PENALTY: $23,775; Supplemental Environmental Project (SEP) offset amount of $9,510 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: Jesus Martinez dba Ideal Landscapes; DOCKET NUMBER: 2007-1647-LII-E; IDENTIFIER: RN105324222; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: landscape irrigation business; RULE VIOLATED: 30 TAC §30.5(a) and (b) and §344.4(a), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to hold a landscape irrigator license prior to advertising, selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system or representing to the public that he could perform a service for which a license is required; PENALTY: $625; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(8) COMPANY: Liberty Pressure Pumping, L.P.; DOCKET NUMBER: 2007-1722-AIR-E; IDENTIFIER: RN105276521; LOCATION: Bluff Dale, Erath County, Texas; TYPE OF FACILITY: bulk sand loading plant; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain permit authorization prior to the construction of a new facility which emits air contaminants; PENALTY: $4,200; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Mo Vac Service Company of Alice; DOCKET NUMBER: 2007-1721-PST-E; IDENTIFIER: RN101905529; LOCATION: Kenedy, Karnes County, Texas; TYPE OF FACILITY: transport trucking refueling; RULE VIOLATED: 30 TAC §334.75(a)(1), by failing to report a release of diesel fuel; and 30 TAC §334.129(a), by failing to comply with the release investigation and corrective action requirements for a release of diesel fuel; PENALTY: $8,600; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: City of Petrolia; DOCKET NUMBER: 2007-1794-PWS-E; IDENTIFIER: RN102677937; LOCATION: Petrolia, Clay County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes (TTHM); PENALTY: $605; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(11) COMPANY: City of Plano; DOCKET NUMBER: 2007-1644-WQ-E; IDENTIFIER: RN103099156; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: collection system; RULE VIOLATED: the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of sewage into water in the state; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Rohm and Haas Texas Incorporated; DOCKET NUMBER: 2007-1437-AIR-E; IDENTIFIER: RN100223205; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 8838, SC Number 1, and THSC, §382.085(b), by failing to prevent an unauthorized emissions event which occurred at Tank 320; 30 TAC §115.722(c) and §116.115(c), Air Permit Number 8838, SC 1, and THSC, §382.085(b), by failing to prevent an unauthorized emissions event which occurred at the propylene vaporizer; 30 TAC §116.115(c), Air Permit Number 8838, SC 1, and THSC, §382.085(b), by failing to maintain compliance with emission limits; and 30 TAC §116.115(c), Air Permit Number 8838, SC 1, and THSC, §382.085(b), by failing to maintain compliance with emission limits; PENALTY: $85,500; Supplemental Environmental Project (SEP) offset amount of $34,200 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: City of Southside Place; DOCKET NUMBER: 2007-1760-MWD-E; IDENTIFIER: RN101384758; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a), by failing to maintain authorization for the discharge of wastewater; PENALTY: $3,600; Supplemental Environmental Project (SEP) offset amount of $2,880 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: SSP Partners dba Stripes 2167; DOCKET NUMBER: 2007-1446-PST-E; IDENTIFIER: RN101625655; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(d)(9)(A)(iv) and §334.72(3)(B), by failing to report a suspected release; §334.74(1), by failing to investigate a suspected release; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all underground storage tanks; PENALTY: $11,350 Supplemental Environmental Project (SEP) offset amount of $4,540 applied to Beautify Corpus Christi Association-Cleanup of Illegal Dump Sites; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(15) COMPANY: Total Petrochemicals USA, Inc.; DOCKET NUMBER: 2007-1580-PWS-E; IDENTIFIER: RN102457520; LOCATION: Port Arthur, Jefferson 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 MCL for TTHM; PENALTY: $752; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(16) COMPANY: Weirich Bros., Inc.; DOCKET NUMBER: 2007-1489-AIR-E; IDENTIFIER: RN101935492; LOCATION: Junction, Kimble County, Texas; TYPE OF FACILITY: wet sand and gravel processing plant; RULE VIOLATED: 30 TAC §106.143 and THSC, §382.085(b), by failing to achieve maximum control of dust emissions from permanent in-plant roads at the site; PENALTY: $1,320; ENFORCEMENT COORDINATOR: Sidney Wheeler, (210) 490-3096; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

TRD-200800812

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 12, 2008

Enforcement Orders

A default order was entered regarding Marcos Mariscal, Docket No. 2003-0302-MSW-E on February 8, 2008 assessing $10,500 in administrative penalties.

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

An agreed order was entered regarding City of Venus, Docket No. 2002-1302-MLM-E on February 8, 2008 assessing $17,620 in administrative penalties.

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

An agreed order was entered regarding Honey Stop Food Marts, Inc. formerly known as Honey Stop Properties, Inc., Docket No. 2003-0971-PST-E on February 8, 2008 assessing $86,400 in administrative penalties.

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

An agreed order was entered regarding City of Waco, Docket No. 2004-0295-MLM-E on February 8, 2008 assessing $8,412 in administrative penalties.

A default order was entered regarding Mark McKillip, Docket No. 2004-0443-IHW-E on February 8, 2008 assessing $3,500 in administrative penalties.

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

An agreed order was entered regarding KC Materials, Inc., Docket No. 2004-1073-WQ-E on February 8, 2008 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Justin Lannen, Staff Attorney at (817) 588-5927, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jesus Jorge Flores dba Corner Stop, Docket No. 2004-1232-PST-E on February 8, 2008 assessing $1,050 in administrative penalties.

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

A default order was entered regarding Ali Bukhari dba Honey Stop and Sue Bukhari dba Honey Stop, Docket No. 2004-1803-PST-E on February 8, 2008 assessing $1,090 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-5846, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Edward Jong Kim dba D&J Grocery, Docket No. 2004-2067-PST-E on February 8, 2008 assessing $18,190 in administrative penalties.

An agreed order was entered regarding City of Marfa, Docket No. 2005-0076-MWD-E on February 8, 2008 assessing $1,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-0629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Price Construction, Ltd., Docket No. 2005-0295-AIR-E on February 8, 2008 assessing $5,500 in administrative penalties.

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

An agreed order was entered regarding United States Department of the Air Force, Docket No. 2005-0964-WQ-E on February 8, 2008 assessing $2,309 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 403-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Hussain Mohammad Dhanji dba Bill's Drive In, Docket No. 2005-1344-PST-E on February 8, 2008 assessing $3,150 in administrative penalties.

An agreed order was entered regarding Ali's Grocery, Inc. dba Raadiyah Chevron, Docket No. 2005-1422-PST-E on February 8, 2008 assessing $1,940 in administrative penalties.

An agreed order was entered regarding Mountain Breeze L.L.C., Docket No. 2005-1466-PWS-E on February 8, 2008 assessing $5,160 in administrative penalties.

An agreed order was entered regarding Jogesh Amin dba Sema Texaco, Docket No. 2005-1522-PST-E on February 8, 2008 assessing $9,350 in administrative penalties.

An agreed order was entered regarding Circle K Stores Inc., Docket No. 2005-1696-AIR-E on February 8, 2008 assessing $1,000 in administrative penalties.

An agreed order was entered regarding Red Dog Track, Inc., Docket No. 2005-1884-AIR-E on February 8, 2008 assessing $31,925 in administrative penalties.

An agreed order was entered regarding Motiva Enterprises LLC, Docket No. 2005-2011-AIR-E on February 8, 2008 assessing $32,980 in administrative penalties.

An agreed order was entered regarding City of Galveston, Docket No. 2006-0019-MWD-E on February 8, 2008 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Coleman, Staff Attorney at (817) 588-5917, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Mohammad Majeed Arshad dba The Eagle Stop, Docket No. 2006-0388-PST-E on February 8, 2008 assessing $11,322 in administrative penalties.

An agreed order was entered regarding HOE Water Supply Corporation, Docket No. 2006-0405-PWS-E on February 8, 2008 assessing $629 in administrative penalties.

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

An agreed order was entered regarding Enbridge Pipelines East Texas L.P., Docket No. 2006-0527-AIR-E on February 8, 2008 assessing $10,650 in administrative penalties.

An agreed order was entered regarding Thomas Marcantel, Docket No. 2006-0554-SLG-E on February 8, 2008 assessing $2,500 in administrative penalties.

An agreed order was entered regarding Desi Services Incorporated dba Silver Cleaners, Docket No. 2006-0841-DCL-E on February 8, 2008 assessing $889 in administrative penalties with $178 deferred.

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

An agreed order was entered regarding Puthy Chea dba Alpine Cleaners, Docket No. 2006-1053-DCL-E on February 8, 2008 assessing $889 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barham Richard, Staff Attorney at (512) 239-0107, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Ken Young dba Paramount Cleaners, Docket No. 2006-1118-DCL-E on February 8, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Hammer, Staff Attorney at (512) 239-2496, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mai Bui Nguyen dba Superior Cleaners and dba Country Cleaners, Docket No. 2006-1158-DCL-E on February 8, 2008 assessing $2,667 in administrative penalties.

An agreed order was entered regarding Jack Nguyen dba K & K Dry Cleaners, Docket No. 2006-1183-DCL-E on February 8, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Patrick Jackson, Staff Attorney at (512) 239-6501, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Eddie Beale dba Johnsons Tire Service, Docket No. 2006-1217-MSW-E on February 8, 2008 assessing $6,300 in administrative penalties.

An agreed order was entered regarding River Oaks Brothers, Inc. dba River Oaks Cleaners, Docket No. 2006-1244-DCL-E on February 8, 2008 assessing $1,067 in administrative penalties.

A default order was entered regarding Gerry L. Woods dba Ruby's Laundry Dry Cleaners, Docket No. 2006-1403-DCL-E on February 8, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, Staff Attorney at (512) 239-0617, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Nhan Q. Ha dba 7-7 Cleaners and Alterations, Docket No. 2006-1445-DCL-E on February 8, 2008 assessing $1,209 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin Thompson, Staff Attorney at (512) 239-1297, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding 125 Max Drycleaning Center, LLC dba 1.25 Max Dryclean, Docket No. 2006-1497-DCL-E on February 8, 2008 assessing $1,185 in administrative penalties.

An agreed order was entered regarding Sung Ja Hwang dba Jasper Cleaners, Docket No. 2006-1499-DCL-E on February 8, 2008 assessing $853 in administrative penalties.

A default order was entered regarding Billy C. Jones dba National Dry Cleaners, Docket No. 2006-1559-DCL-E on February 8, 2008 assessing $1,185 in administrative penalties.

An agreed order was entered regarding Pathan Investments, Inc. dba Time Out, Docket No. 2006-1568-PST-E on February 8, 2008 assessing $2,500 in administrative penalties.

An agreed order was entered regarding DCP Midstream, LP, Docket No. 2006-1576-AIR-E on February 8, 2008 assessing $93,009 in administrative penalties.

An agreed order was entered regarding Del Sol Development, Inc., Docket No. 2006-1745-WQ-E on February 8, 2008 assessing $2,100 in administrative penalties.

A default order was entered regarding Jesse J. Garcia dba Longhorn Sandblasting, Docket No. 2006-1807-MLM-E on February 8, 2008 assessing $12,500 in administrative penalties.

An agreed order was entered regarding Conners Construction, Inc., Docket No. 2006-1852-AIR-E on February 8, 2008 assessing $10,000 in administrative penalties.

A default order was entered regarding Airtex Investments, Inc. dba Time Mart 10, Docket No. 2006-1880-PST-E on February 8, 2008 assessing $6,450 in administrative penalties.

An agreed order was entered regarding City of Murchison, Docket No. 2006-1934-MWD-E on February 8, 2008 assessing $7,000 in administrative penalties.

A default order was entered regarding Michael Daniel dba Mikes Tire, Docket No. 2006-1945-MSW-E on February 8, 2008 assessing $5,250 in administrative penalties with $1,050 deferred.

A default order was entered regarding Brendan L. Wachtendort, Docket No. 2006-2040-LII-E on February 8, 2008 assessing $250 in administrative penalties.

An agreed order was entered regarding Jarrod L. Meyer, Docket No. 2007-0048-LII-E on February 8, 2008 assessing $625 in administrative penalties with $125 deferred.

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

A default order was entered regarding Gary Lee Humelsine, Docket No. 2007-0109-LII-E on February 8, 2008 assessing $250 in administrative penalties.

A default order was entered regarding Jose J. Espinoza, Docket No. 2007-0112-EAQ-E on February 8, 2008 assessing $14,300 in administrative penalties.

An agreed order was entered regarding Bayer MaterialScience LLC, Docket No. 2007-0116-AIR-E on February 8, 2008 assessing $6,350 in administrative penalties with $1,270 deferred.

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

A default order was entered regarding Hebert Construction Services, Inc., Docket No. 2007-0123-MLM-E on February 8, 2008 assessing $2,000 in administrative penalties.

A default order was entered regarding Dale Craghead dba Col-Tex Stations, Docket No. 2007-0173-PST-E on February 8, 2008 assessing $13,125 in administrative penalties.

A default order was entered regarding Adrian Lionel Villarreal, Docket No. 2007-0261-LII-E on February 8, 2008 assessing $625 in administrative penalties.

An agreed order was entered regarding Jong Hwan Oh dba J. C. Phillips, Docket No. 2007-0285-PST-E on February 8, 2008 assessing $2,300 in administrative penalties with $460 deferred.

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

An agreed order was entered regarding Alberto Ramos Jr., Docket No. 2007-0406-LII-E on February 8, 2008 assessing $866 in administrative penalties with $173 deferred.

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

An agreed order was entered regarding City of Stockdale, Docket No. 2007-0487-MWD-E on February 8, 2008 assessing $8,060 in administrative penalties with $1,612 deferred.

A default order was entered regarding Brooks Special Company, Docket No. 2007-0495-PST-E on February 8, 2008 assessing $12,100 in administrative penalties.

A default order was entered regarding Nicolas Amezquita, Docket No. 2007-0559-LII-E on February 8, 2008 assessing $656 in administrative penalties.

An agreed order was entered regarding James Carnes, Docket No. 2007-0570-PST-E on February 8, 2008 assessing $3,675 in administrative penalties.

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

A default order was entered regarding Rocky Hunt, Docket No. 2007-0587-LII-E on February 8, 2008 assessing $250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney at (512) 239-0974, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lukes Mobile Home Park, Inc., Docket No. 2007-0621-PWS-E on February 8, 2008 assessing $1,750 in administrative penalties with $350 deferred.

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

An agreed order was entered regarding Aqua Development, Inc. dba Aqua Texas, Inc., Docket No. 2007-0691-MWD-E on February 8, 2008 assessing $12,650 in administrative penalties with $2,530 deferred.

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

An agreed order was entered regarding Flying J Inc. dba Flying J Travel Plaza Orange, Docket No. 2007-0702-PST-E on February 8, 2008 assessing $13,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney at (713) 422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Angus Mims dba Rusk Realty, Docket No. 2007-0710-PST-E on February 8, 2008 assessing $5,250 in administrative penalties.

An agreed order was entered regarding Texmark Chemicals, Inc., Docket No. 2007-0796-AIR-E on February 8, 2008 assessing $75,692 in administrative penalties with $15,138 deferred.

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

An agreed order was entered regarding Invista S.a.r.l., Docket No. 2007-0800-AIR-E on February 8, 2008 assessing $2,975 in administrative penalties with $595 deferred.

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

An agreed order was entered regarding Cantu-Alaniz-Martinez, Inc. dba Tiger Mark II, Docket No. 2007-0801-PST-E on February 8, 2008 assessing $9,000 in administrative penalties with $1,800 deferred.

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

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2007-0812-AIR-E on February 8, 2008 assessing $94,050 in administrative penalties with $18,810 deferred.

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

An agreed order was entered regarding Lone Star Stone of Texas, Inc., Docket No. 2007-0877-IWD-E on February 8, 2008 assessing $10,934 in administrative penalties with $2,186 deferred.

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

An agreed order was entered regarding Five Nine Seven Limited Partnership dba Ramblewood Mobile Home Park, Docket No. 2007-0891-MWD-E on February 8, 2008 assessing $9,000 in administrative penalties with $1,800 deferred.

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

An agreed order was entered regarding Billy W. Askins, Docket No. 2007-0898-OSI-E on February 8, 2008 assessing $750 in administrative penalties with $150 deferred.

An agreed order was entered regarding Westex Capital, Ltd., Docket No. 2007-0910-WQ-E on February 8, 2008 assessing $3,210 in administrative penalties with $642 deferred.

An agreed order was entered regarding Warren Independent School District, Docket No. 2007-0915-MWD-E on February 8, 2008 assessing $3,300 in administrative penalties with $660 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kia Enterprises, Inc. dba Iffi Stop 1, Docket No. 2007-0918-PWS-E on February 8, 2008 assessing $760 in administrative penalties with $152 deferred.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Southern Forest Products, L.L.C., Docket No. 2007-0929-MLM-E on February 8, 2008 assessing $7,350 in administrative penalties with $1,470 deferred.

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

An agreed order was entered regarding Billy Derouen, Docket No. 2007-0959-PST-E on February 8, 2008 assessing $2,000 in administrative penalties.

An agreed order was entered regarding Vopak Terminal Galena Park, Inc., Docket No. 2007-0965-IWD-E on February 8, 2008 assessing $3,900 in administrative penalties with $780 deferred.

An agreed order was entered regarding Superior Stone Inc., Docket No. 2007-0977-EAQ-E on February 8, 2008 assessing $13,200 in administrative penalties.

An agreed order was entered regarding Pulte Homes of Texas, L.P., Docket No. 2007-0992-MSW-E on February 8, 2008 assessing $1,500 in administrative penalties with $300 deferred.

Information concerning any aspect of this order may be obtained by contacting Marlin Bullard, Enforcement Coordinator at (254) 761-3038, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dallas Fort Worth Rail Terminal LLC, Docket No. 2007-1002-AIR-E on February 8, 2008 assessing $2,100 in administrative penalties with $420 deferred.

An agreed order was entered regarding Juan J. Rodriguez dba Camp Cleaners, Docket No. 2007-1006-DCL-E on February 8, 2008 assessing $670 in administrative penalties with $134 deferred.

Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Monarch Utilities I L.P., Docket No. 2007-1017-PWS-E on February 8, 2008 assessing $740 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Department of Transportation, Docket No. 2007-1018-MSW-E on February 8, 2008 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Cynthia McKaughan, Enforcement Coordinator at (512) 239-0735, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Lubbock, Docket No. 2007-1021-IWD-E on February 8, 2008 assessing $4,350 in administrative penalties with $870 deferred.

An agreed order was entered regarding Town of Prosper, Docket No. 2007-1024-MWD-E on February 8, 2008 assessing $8,960 in administrative penalties with $1,792 deferred.

An agreed order was entered regarding Jack Bandy Construction, Inc., Docket No. 2007-1027-WQ-E on February 8, 2008 assessing $1,500 in administrative penalties with $300 deferred.

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

An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2007-1062-AIR-E on February 8, 2008 assessing $24,522 in administrative penalties with $4,904 deferred.

An agreed order was entered regarding Halliburton Energy Services, Inc., Docket No. 2007-1071-IWD-E on February 8, 2008 assessing $2,820 in administrative penalties with $564 deferred.

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

An agreed order was entered regarding Gabino Olmos dba Olmos Trucking & Hauling, Docket No. 2007-1085-WQ-E on February 8, 2008 assessing $1,050 in administrative penalties.

An agreed order was entered regarding City of Arp, Docket No. 2007-1115-PWS-E on February 8, 2008 assessing $372 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Keith Boyd Martin dba Cyclone Enterprises, Docket No. 2007-1142-LII-E on February 8, 2008 assessing $262 in administrative penalties with $52 deferred.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator at (512) 239-2563, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Fort Bend County Municipal Utility District No. 116, Docket No. 2007-1180-MWD-E on February 8, 2008 assessing $2,580 in administrative penalties with $516 deferred.

An agreed order was entered regarding Signal Hill Wichita Falls Power, LP, Docket No. 2007-1192-AIR-E on February 8, 2008 assessing $1,625 in administrative penalties with $325 deferred.

An agreed order was entered regarding Azteca Milling, L.P., Docket No. 2007-1204-AIR-E on February 8, 2008 assessing $10,350 in administrative penalties with $2,070 deferred.

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

An agreed order was entered regarding Republic Plastics, Ltd., Docket No. 2007-1216-AIR-E on February 8, 2008 assessing $2,600 in administrative penalties with $520 deferred.

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

An agreed order was entered regarding City of Liberty, Docket No. 2007-1359-MWD-E on February 8, 2008 assessing $3,350 in administrative penalties with $670 deferred.

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

An agreed order was entered regarding Tutle & Tutle Trucking, Inc. dba TNT Trucking, Docket No. 2007-1369-PST-E on February 8, 2008 assessing $790 in administrative penalties with $158 deferred.

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

An agreed order was entered regarding Dionysus Group L.L.L.P. dba The Vineyard at Florence Section 1, Docket No. 2007-1386-EAQ-E on February 8, 2008 assessing $3,375 in administrative penalties with $675 deferred.

A field citation was entered regarding Marshall Hubbard, Docket No. 2007-1563-OSI-E on February 8, 2008 assessing $210 in administrative penalties.

Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding Annona Manufacturing Company, Docket No. 2007-1827-PST-E on February 8, 2008 assessing $5,075 in administrative penalties.

A field citation was entered regarding Kerrville Fast Wash, Inc. dba Five Points Chevron, Docket No. 2007-0454-PST-E on February 8, 2008 assessing $1,750 in administrative penalties.

A field citation was entered regarding Skyway Business, Inc. dba Eagle Mart 3, Docket No. 2007-1690-PST-E on February 8, 2008 assessing $875 in administrative penalties.

A field citation was entered regarding Performance food Group of Texas, Inc., Docket No. 2007-0458-PST-E on February 8, 2008 assessing $875 in administrative penalties.

A field citation was entered regarding Meador Chrysler-Plymouth, Inc. dba Meador Chrysler Jeep, Docket No. 2006-0639-PST-E on February 8, 2008 assessing $1,750 in administrative penalties.

A field citation was entered regarding Lube Center Management LTD. dba Jiffy Lube 699, Docket No. 2007-1692-PST-E on February 8, 2008 assessing $1,750 in administrative penalties.

A field citation was entered regarding St. Marys Hall, Docket No. 2007-1398-PST-E on February 8, 2008 assessing $2,625 in administrative penalties.

A field citation was entered regarding Edna Derrick, Docket No. 2007-1717-WOC-E on February 8, 2008 assessing $210 in administrative penalties.

A field citation was entered regarding Ruben D. Serna, Docket No. 2006-0895-WOC-E on February 8, 2008 assessing $210 in administrative penalties.

A field citation was entered regarding Samuel Dean Paddock, Docket No. 2007-1829-WOC-E on February 8, 2008 assessing $210 in administrative penalties.

A field citation was entered regarding Rosendo Moreno, Docket No. 2007-1562-WOC-E on February 8, 2008 assessing $210 in administrative penalties.

A field citation was entered regarding Alex P. McCloskey, Docket No. 2007-1749-WOC-E on February 8, 2008 assessing $210 in administrative penalties.

A field citation was entered regarding Greg Maddox, Docket No. 2007-1702-WOC-E on February 8, 2008 assessing $210 in administrative penalties.

A field citation was entered regarding Larry G. Little, Docket No. 2007-1561-WOC-E on February 8, 2008 assessing $210 in administrative penalties.

A field citation was entered regarding Thomas R. Lansford Jr., Docket No. 2007-1361-WOC-E on February 8, 2008 assessing $210 in administrative penalties.

A field citation was entered regarding Eldon Blount Construction dba Castle Ridge Estates, Docket No. 2007-1703-WQ-E on February 8, 2008 assessing $700 in administrative penalties.

A field citation was entered regarding Jay Mills Contracting Incorporated, Docket No. 2007-1704-WQ-E on February 8, 2008 assessing $700 in administrative penalties.

A field citation was entered regarding Shepherd Place Homes, Inc. dba Shepherd Place Homes Shamrock Ridge, Docket No. 2007-1691-WQ-E on February 8, 2008 assessing $700 in administrative penalties.

A field citation was entered regarding Rosendo Moreno, Docket No. 2007-1562-WOC-E on February 8, 2008 assessing $210 in administrative penalties.

A field citation was entered regarding Panorama Properties, Ltd. dba Cadence Custom Homes Strathmore, Docket No. 2007-1689-WQ-E on February 8, 2008 assessing $700 in administrative penalties.

A default order was entered regarding Ammar Food, Inc. dba Sunrise Food Mart, Docket No. 2004-0555-PST-E on February 4, 2008 assessing $31,500 in administrative penalties.

TRD-200800846

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 13, 2008

Notice of Amendment of License

Notice is hereby given by the Texas Commission on Environmental Quality (TCEQ), Radioactive Material Division that it has amended Radioactive Material License Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews County, Texas, one mile North of State Highway 176; 250 feet East of the Texas/New Mexico State Line; 30 miles West of Andrews, Texas. WCS provides commercial hazardous waste and radioactive substances management and disposal services at the radioactive substances storage and processing facility authorized under Radioactive Materials License L04971.

Amendment number 44 grants an extension from 365 days to 545 days for the Safety Light Corporation waste from the United States Environmental Protection Agency to be stored at the WCS site until it must be placed into interim storage, as described in the license, or transferred to an authorized recipient.

The TCEQ has determined that the amendment of the license and the terms of conditions provide reasonable assurance that the licensee's radioactive waste processing facility is operated in accordance with the requirements of 25 TAC, Chapter 289; the amendment of the license will not be inimical to the health and safety of the public or the environment; and the activity represented by the amendment of the license will not have a significant effect on the human environment.

This notice affords the opportunity for a contested case hearing upon written request within 30 days of the date of publication of this notice by a person affected. A person affected may request a hearing by writing Ms. Susan Jablonski, P.E., Director, Radioactive Materials Division, Texas Commission on Environmental Quality, P.O. Box 13087, Mail Code 233, Austin, Texas 78711. Any request for a hearing must contain the name and address of the person who considers himself affected by this action, identify the subject license, specify the reasons why the person considers himself affected, the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and, the statement "{I/we} request a contested case hearing." If the person is represented by an agent, the name and address of the agent must be stated. If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose. Following the close of the hearing request period, the Executive Director of the TCEQ will forward any requests for a contested case hearing to the TCEQ commissioners for their consideration at a scheduled commission meeting. Should no request for a public hearing be timely filed, the agency action will be final.

A contested case hearing is a legal proceeding similar to a civil trial in a state district court. A contested case hearing, if granted, shall be conducted in accordance with the provisions of Texas Health and Safety Code, Chapter 401, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the commission, and the procedures of the State Office of Administrative Hearings (1 TAC, Chapter 155).

A copy of the license amendment and supporting materials are available, by appointment, for public inspection and copying at the office of the Texas Commission on Environmental Quality, Radioactive Material Division, Building F, 12100 Park 35 Circle, Austin, Texas, telephone (512) 834-6466, 8:00 a.m. to 5:00 p.m., Monday-Friday (except holidays). Information relative to inspection and copying the documents may be obtained by contacting Hans Weger, Ph.D. at (512) 239-6465.

TRD-200800819

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 12, 2008

Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 24, 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 24, 2008. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: City Concrete, Inc.; DOCKET NUMBER: 2005-1580-AIR-E; TCEQ ID NUMBER: RN101293041; LOCATION: 1204 28th Street, Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: 30 TAC §116.110(a)(1) and Texas Health and Safety Code (THSC), §382.085(b) and §382.0518(a), by failing to obtain authorization prior to operating a source of air emissions; PENALTY: $27,940; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(2) COMPANY: Formosa Plastics Corporation, Texas; DOCKET NUMBER: 2006-0429-AIR-E; TCEQ ID NUMBER: RN100218973; LOCATION: 201 Formosa Drive, Gate 3, Point Comfort, Calhoun County, Texas; TYPE OF FACILITY: synthetic chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §101.20(3) and THSC, §382.085(b), by failing to prevent unauthorized emissions during emissions events that occurred on September 26, 2005, September 28, 2005, November 2, 2005, November 11, 2005, and April 24, 2006; 30 TAC §116.115(b)(2)(F), THSC, §382.085(b), and TCEQ Permit Number 19198 (Maximum Allowable Emission Rate Table), by failing to demonstrate compliance with applicable permit limits; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit an accurate final record of an emissions event no later than two weeks after the end of the event; 30 TAC §102.20(3) and §116.115(c), THSC, §382.085(b), and TCEQ Permit Numbers 19198 and PSD-TX-760M6, Special Condition Number 11(B), by failing to properly test the Carbon Dioxide Regenerator Vent (Emission Point Number (EPN) 221) and the Ethylene Glycol Unit Waste Heat Boiler (EPN910) per the approved Environmental Protection Agency methods; 30 TAC §101.20(3) and §116.115(c), THSC, §382.085(b), and TCEQ Permit Number 19168, Special Condition Number 1, by failing to prevent the unauthorized release of air contaminants into the atmosphere; and 30 TAC §§101.20(2) and (3), 113.100, and 116.115(b)(2)(F), 40 Code of Federal Regulations §61.12(c) and §63.6(e), THSC, §382.085(b), and TCEQ Permit Number 7699/PSD-TX-226M6, Special Condition 1, by failing to maintain and operate the Vinyl Plant in a manner consistent with good air pollution control practices for minimizing emissions; PENALTY: $121,443; Supplement Environmental Project offset amount of $60,721 applied to City of Point Comfort Wastewater Treatment Plant Repair Assistance; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(3) COMPANY: Mohinder Mashiana aka Mohinder Singh dba Lovely Food Mart; DOCKET NUMBER: 2005-1478-PST-E; TCEQ ID NUMBER: RN102240769; LOCATION: 704 East Byron Nelson Boulevard, Roanoke, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and Texas Water Code (TWC), §26.3475(c)(1), by failing to provide proper release detection for the underground storage tanks (USTs); 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 at least 30 days before the expiration date of the delivery certificate; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting a delivery of a regulated substance into a UST; and 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a non-removable point in the immediate area of the fill tube according to the UST registration and self-certification form; PENALTY: $8,320; STAFF ATTORNEY: Mary E. Coleman, Litigation Division, MC R-4, (817) 588-5917; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: R & S Concrete, L.L.C.; DOCKET NUMBER: 2007-0882-IWD-E; TCEQ ID NUMBER: RN104367826; LOCATION: 1/4 mile off Farm-to-Market Road 521 on West Sycamore Street, near the City of Fresno, Fort Bend County, Texas; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a), and General Permit Number TXG110601, Part III, Section A, Permit Requirements, by failing to comply with the permitted effluent limits; and TWC, §26.121(a) and General Permit Number TXG110601, Part IV, Standard Permit Conditions, Number 7(f), by failing to submit the discharge monitoring report for Outfall 001A for the fourth quarter monitoring period ending December 31, 2006, the Annual 24-Hour Acute Biomonitoring Report, and the Annual Metal Testing Report for the monitoring period ending February 28, 2006; PENALTY: $4,560; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(5) COMPANY: The Shredder Company, LLC; DOCKET NUMBER: 2007-0960-AIR-E; TCEQ ID NUMBER: RN101241180; LOCATION: 7380 Doniphan Drive, El Paso, El Paso County, Texas; TYPE OF FACILITY: metal casting plant; RULES VIOLATED: 30 TAC §116.115(b)(1)(C), THSC, §382.085(b), and TCEQ Agreed Order Docket Number 2004-0847-AIR-E, by failing to amend The Shredder Company, LLC's New Source Review Permit Number 23499 to include authorization of an eight-ton capacity arc furnace (Leltro Melt, Serial Number 7705) as an emission source when a permit amendment was required; PENALTY: $40,560; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(6) COMPANY: United States Oil Recovery, L.P.; DOCKET NUMBER: 2006-1959-WQ-E; TCEQ ID NUMBER: RN100604677; LOCATION: 400 North Richey Street, Pasadena, Harris County, Texas; TYPE OF FACILITY: centralized waste treatment facility; RULES VIOLATED: TWC, §26.121, by failing to prevent the unauthorized discharge of contaminated storm water into and adjacent to Vince Bayou; and TWC, §26.121(a), by failing to take measures to prevent the unauthorized discharge of wastewater; PENALTY: $26,650; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

TRD-200800813

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 12, 2008

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 24, 2008. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 24, 2008. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Anusha, Inc. dba CITGO Food Store; DOCKET NUMBER: 2005-1479-PST-E; TCEQ ID NUMBER: RN102432838; LOCATION: 6000 Antoine Drive, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum underground storage tanks (USTs); PENALTY: $2,140; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(2) COMPANY: George Williams; DOCKET NUMBER: 2007-0840-MLM-E; TCEQ ID NUMBER: RN105189526; LOCATION: 17189 Benton City Road, Von Ormy, Bexar County, Texas; TYPE OF FACILITY: unauthorized disposal site; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the disposal of municipal solid waste at an unauthorized site; and 30 TAC §111.201 and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the general prohibition on outdoor burning; PENALTY: $2,000; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: Leo Johnson dba Connally Center; DOCKET NUMBER: 2004-1858-PST-E; TCEQ ID NUMBER: RN101662930; LOCATION: 103 East Crest Drive, Waco, McClennan County, Texas; TYPE OF FACILITY: out-of-service UST system; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an existing UST system for which any applicable component of the system was not brought into timely compliance with the upgrade requirements; 30 TAC §334.54(d)(2), by failing to empty the system of any residue from stored regulated substances which remained in the temporarily out-of-service UST system exceeding a depth of 2.5 centimeters at the deepest point; 30 TAC §334.54(b), by failing to cap, plug, lock and/or otherwise secure all piping, pumps, manways, tank access points, and ancillary equipment to prevent access, tampering, or vandalism by unauthorized persons; 30 TAC §334.7(d)(3) and Texas Water Code (TWC), §26.346, by failing to amend UST registration information within 30 days from the date on which the owner or operator first became aware of the change or addition; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to provide corrosion protection for the UST system; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at least once per month (not to exceed 35 days between each monitoring); PENALTY: $26,000; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Michael Lantz O'Neill dba Frontier Park Marina; DOCKET NUMBER: 2007-0712-PWS-E; TCEQ ID NUMBER: RN101183986; LOCATION: Highway 21, Toledo Bend Reservoir, Sabine County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.42(1), by failing to compile a plant operation manual and to keep it up to date for operator review and reference; 30 TAC §290.43(c)(4), by failing to provide a water level indicator on the ground storage tank at Water Plant Number 1; 30 TAC §290.44(a)(4), by failing to locate all water transmission and distribution lines at least 24 inches below ground surface; 30 TAC §290.121(a), by failing to maintain an up to date chemical and microbiological monitoring plan; 30 TAC §290.46(v), by failing to install all water system electrical wiring in accordance with a local or national electrical code; 30 TAC §290.46(t), by failing to post a legible sign at Water Plant Number 2 which gives the name of the owner and an emergency telephone number for contacting a responsible official; 30 TAC §290.44(d)(4), by failing to provide accurate metering devices at each residential, commercial, or industrial service connection for the accumulation of water usage date; 30 TAC §290.44(d)(2), by failing to provide a working pressure gauge on the 1,000 gallon pressure tank at Water Plant Number 2; 30 TAC §290.46(m)(4), by failing to ensure all water system storage and pressure maintenance facilities and appurtenances are maintained in a water-tight condition; 30 TAC §290.109(c)(1)(A) and THSC, §341.033(d), by failing to collect routine bacteriological samples at active service connections which are representative of water throughout the distribution system; 30 TAC §290.46(f)(3)(A)(iv), by failing to record the dates of monthly dead-end flushing; 30 TAC §290.46(n)(2), by failing to provide an up to date map of the distribution system to help locate valves and mains in the event of an emergency; 30 TAC §290.45(b)(1)(B)(iii) and THSC, §341.0315(c), by failing to provide two or more pumps having a total capacity of 2.0 gallons per minute per connection; 30 TAC §290.45(b)(1)(B)(iv) and (c)(1)(A)(ii) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection for the community connections and 10 gallons per connection for non-community connections; 30 TAC §290.41(c)(3)(j), by failing to provide the well with a concrete sealing block around the well casing that extends a minimum of three feet in all directions; and 30 TAC §290.44(h)(1), by failing to install a backflow prevention assembly or an air gap at all residences and establishments where an actual or potential contamination hazard exists; PENALTY: $6,670; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-200800814

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 12, 2008

Notice of Public Meeting on March 27, 2008, in Saginaw, Tarrant County, Texas Concerning the Hicks Field Sewer Corporation Proposed State Superfund Site

The purpose of the meeting is to obtain public input and information concerning the intent to take no further action at the Site and to delete the Site from its proposed-for-listing status on the state Superfund registry.

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ) is issuing this public notice of intent to take no further action at the Hicks Field Sewer Corporation proposed state Superfund site (the Site) and to delete the Site from its proposed-for-listing status on the state Superfund registry. The state Superfund registry is the list of sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The ED is proposing this deletion because the ED has determined that, due to removal actions that have been performed, the Site no longer presents such an endangerment.

The Site is located 1.8 miles west of the intersection of United States (U.S.) Highway 81-287 and Farm to Market Road 156, or approximately one-mile east of the intersection of U.S. Business Route 287 and Hicks Field Road near Saginaw, Tarrant County, Texas. The Site also included any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the Site.

The Site is located approximately 2.5 miles northwest of Saginaw and consists of approximately 3.8 acres. Two sludge drying beds, two surface impoundments, and two concrete separator tanks were used by the Hicks Field Sewer Corporation from the early 1970's to approximately mid-1994 to provide sewage treatment services for the nearby Hicks Field Industrial Park.

Businesses that operated at the industrial park included a metal finisher, a container manufacturer, a storage tank fabricator, and a small trucking firm. The sewer corporation primarily processed domestic wastes from the industrial park. However, from the early 1970's until operations ceased in early 1981, the metal finisher located in the industrial park reportedly discharged process rinse waters containing metals to the sewer treatment facility. Elevated concentrations of cadmium, chromium, and zinc were found in the sediments remaining in the waste management units of the sewer treatment facility.

During 2006 and 2007, the TCEQ conducted excavation, treatment, and disposal of all soils and sediments containing metals concentrations above remediation goals. The waste management units were dismantled or filled with clean soil and graded to drain. Excavated areas were filled and graded to drain, and grass was planted by hydro-seeding throughout the property.

Notice will be recorded in the real property records of Tarrant County that the Site is appropriate for commercial/industrial land use, as defined in 30 TAC Chapter 350, the Texas Risk Reduction Program (TRRP). The Site was remediated to the TRRP commercial/industrial land use criteria for cadmium, chromium, and zinc. Confirmation samples were collected after soil removal to confirm that cleanup criteria in soil were met. The Site is not appropriate for residential use according to State risk reduction regulations applicable to the Site. The Site remains fenced.

As a result of the removal action that has been performed at the Site, the ED has determined that the Site no longer presents an imminent and substantial endangerment to public health and safety and the environment. Therefore, no further action is necessary at the Site; and the Site is eligible for deletion from its proposed-for-listing status on the state registry of Superfund sites as provided by 30 TAC §335.344(c).

The TCEQ will hold a public meeting to receive comments on the proposed deletion of the Site and the determination to take no further action. This public meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The public meeting will be held on March 27, 2008, at 7:00 p.m., at the Saginaw City Hall Council Chambers, located at 333 West McLeroy Boulevard, Saginaw, Texas.

All persons desiring to make comments regarding the proposed deletion of the Site may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m. on March 26, 2008, and should be sent in writing to Jeffrey E. Patterson, Project Manager, TCEQ, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087 or by facsimile to (512) 239-2450. The public comment period for this action will end at the close of the public meeting on March 27, 2008.

A portion of the record for this Site, including documents pertinent to the proposed deletion of the Site, is available for review during regular business hours at the Saginaw John Ed Keeter Public Library, located at 355 West McLeroy Boulevard, Saginaw, Texas 76179, phone number (817) 230-0300. Copies of the complete public record file may be obtained during regular business hours at the TCEQ's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking is available for persons with disabilities on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the TCEQ at (800) 633-9363 or (512) 239-3844. Requests should be made as far in advance as possible.

For further information about the public meeting, please contact Crystal Taylor at (800) 633-9363.

TRD-200800816

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 12, 2008

Notice of Water Quality Applications

The following notices were issued during the period of January 23, 2008 through February 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 UTILITIES INC has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0011701001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,200,000 gallons per day. The facility is located on Sulphur Gully, approximately one-half mile north of Wallisville Road and one mile east of C.E. King Parkway in Harris County, Texas.

CARGILL TURKEY PRODUCTION LLC which operates a poultry feed production facility, has applied for a major amendment to Permit No. WQ0004387000 to authorize an increase in the daily average flow from 3,000 gallons per day to 5,000 gallons per day; an increase in the daily maximum flow from 4,000 gallons per day to 10,000 gallons per day; a change in the main disposal method from evaporation to irrigation on 99 acres of Coastal Bermuda grass; and the disposal of air compressor blowdown via irrigation. The current permit authorizes the disposal of bolier blowdown, water softener regeneration water, air scrubber makeup water, and truck wash water at a daily average flow not to exceed 3,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located at 251 Berger Road, approximately 2,000 feet southeast of the intersection of Interstate Highway 35 and Berger Road, adjacent to and east of the railroad tracks, approximately 4.6 miles north of the City of Temple, Bell County, Texas.

CITY OF HOUSTON has applied for a major amendment to TPDES Permit No. WQ0010495078 to remove effluent limitations and monitoring requirements for total cyanide. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 8,000,000 gallons per day. The facility is located south of and adjacent to Rankin Road and approximately 3,000 feet east of the Aldine-Westfield and Rankin Road intersection in the City of Houston in Harris County, Texas.

EASTLAND COUNTY WATER SUPPLY DISTRICT has applied for a major amendment to TPDES Permit No. WQ0013726001 to remove the pond liner certification requirement from the permit. The current permit authorizes the discharge of treated filter backwash water from a potable water treatment plant at a daily average flow not to exceed 100,000 gallons per day. The facility is located 1.5 miles south of Interstate Highway 20 on Farm-to-Market Road 2461 in Eastland County, Texas.

FALLBROOK UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0010919001 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,300,000 gallons per day. The facility is located at 811 West Road, Houston, Texas north of Halls Bayou, 1,300 feet south of West Road and 2,500 feet east of Stuebner-Airline Road (Veteran's Memorial Drive), and approximately 1.0 mile west of Interstate Highway 45 in Harris County, Texas.

FARM CATCH CATFISH PROCESSORS INC which operates a fish processing plant, has applied for a new permit, proposed Texas Land Application Permit (TLAP) No. WQ0004832000, to authorize the disposal of fish processing wastewater via irrigation of approximately 20 acres of on-site Coastal Bermuda and Rye grasses. The volume of process wastewater routed to the irrigation holding pond system shall not exceed a daily average flow of 45,600 gallons per day. The hydraulic application rate shall not exceed 0.81 acre-inches per acre irrigated per month. This permit will not authorize a discharge of pollutants into water in the State. The facility and disposal site are located on the northeast side of the intersection of Farm-to-Market Road 161 and County Road 2987, Hughes Springs, Cass County, Texas. The facility and disposal site are located in the drainage area of Big Cypress Creek Below Lake O' the Pines, in Segment No. 0402 of the Cypress Creek Basin.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 321 has applied for a renewal of TPDES Permit No. WQ0013211001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located approximately 1,200 feet south of West Road and 6,000 feet west of Interstate Highway 45 in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 365 has applied for a renewal of TPDES Permit No. WQ0013881001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,200,000 gallons per day. The facility is located at 17110 Jarvis Road approximately 250 feet north of Jarvis Road and 3,150 feet east of Skinner Road in Harris County, Texas.

SOUTHERN MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011001001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located at 852 Rayford Road, approximately 3,500 feet north of Spring Creek and approximately 4,000 feet east of Interstate Highway 45 in Montgomery County, Texas.

SYNAGRO OF TEXAS CDR INC has applied for a minor amendment to Texas Commission on Environmental Quality (TCEQ) permit No. WQ0004590000 to reduce the sludge application rate from 12 dry tons per acre per year to 10.02 dry tons per acre per year on Field 1, 5.93 dry tons per acre per year on Field 2, 5.31 dry tons per acre per year on Field 3, 4.46 dry tons per acre per year on Field 4, and 2.26 dry tons per acre per year on Field 5. The facility is located approximately 1 1/2 miles northeast of Rock Island, Texas, on Highway Alternate 90 and County Road 118 South in Colorado County, Texas.

SYNAGRO OF TEXAS CDR INC has applied for a minor amendment to TCEQ permit No. WQ0004674000 to reduce the sludge application rate from 8.3 dry tons per acre per year on Fields 1-4 to 5.8 dry tons per acre per year on Field 1, 5.71 dry tons per acre per year on Field 2, 6.75 dry tons per acre per year on Field 3, and 7.3 dry tons per acre per year on Field 4. The facility is located adjacent to the west side of Farm-to-Market Road 194, approximately 1/2 mile north of the intersection of Farm-to-Market Road 194 and Highway 90, approximately 4.5 miles west of the City of Eagle Lake in Colorado County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied to the TCEQ for a renewal of Permit No. WQ0011830001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day via a non-public access subsurface conventional drainfield with a minimum area of 39,000 square feet. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located in the Huntsville State Park in the general location between the service area and the Prairie Branch camping area, approximately six miles south of the City of Huntsville in Walker County, Texas.

THE DOW CHEMICAL COMPANY which operates a chemical manufacturing facility, with products including methylene diphenidiisocyanate, related polymers, thermoplastic resins, and thermosetting resins, has applied for a minor amendment to WQ0000663000 to authorize the shut down of existing plant operations and to incorporate a new Extended Polystyrene Foam production plant. The existing permit authorizes the discharge of process wastewater, storm water, utility water, and domestic wastewater at a daily average flow not to exceed 1,650,000 gallons per day via Outfall 001, and storm water runoff on an intermittent and flow variable basis via Outfalls 002 and 003. The facility is located at 550 Battleground Road (State Highway 134) on the east side of State Highway 134, approximately one-half mile north of State Highway 225 in the City of La Porte, Harris County, Texas.

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

TRS ENVIROGANICS INC has applied for a renewal of Permit No. WQ0004460000, which authorizes the land application of wastewater treatment plant sewage sludge and water treatment plant sludge for beneficial use. The land application site is located approximately 4 miles east of the intersection of Farm-to-Market Road 1410 and Farm-to-Market Road 61 at the intersection of Devers Road and Farm-to-Market Road 1410 in Liberty County, Texas.

US STEEL TUBULAR PRODUCTS INC which operates a facility for threading and inspecting tubulars (pipes) for the oil and field industry, has applied for a renewal of TPDES Permit No. WQ0004690000, which authorizes the discharge of storm water, hydrostatic test water, machinery wash water, and swedging water on an intermittent and flow variable basis via Outfalls 001 and 002; storm water, hydrostatic test water, machinery wash water, swedging water, and previously monitored effluent on an intermittent and flow variable basis via Outfall 003; ultrasonic test water and phosphate process water at a daily average flow not to exceed 10,000 gallons per day via internal Outfall 301; and storm water, hydrostatic test water, maintenance wash water, and swedging water on an intermittent and flow variable basis via Outfalls 004, 005, and 006. The applicant has requested a minor modification to remove Outfalls 001, 002, 004, 005, and 006 from this individual permit and obtain coverage under the TPDES Storm Water Multi-Sector General Permit. The facility is located on E. Mount Houston Road, approximately 0.25 miles west of Greens Bayou, 2.5 miles west E. Beltway 8, and 8 miles north of I-10, Harris 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-200800845

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 13, 2008

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (commission) on February 11, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Murmur Corporation; SOAH Docket No. 582-07-3620; TCEQ Docket No. 2006-0560-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Murmur Corporation on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.

TRD-200800847

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 13, 2008

Public Notice - Shut Down/Default Order

The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Order (S/DO). Texas Water Code (TWC), §26.3475, authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill, and overfill prevention and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill, and overfill prevention and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 24, 2008. The commission will consider any written comments received, and the commission may withdraw or withhold approval of an S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

Copies of each of the proposed S/DOs is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 24, 2008. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.

(1) COMPANY: Nel-Mark Properties, LLC dba Anjalo Food Mart; DOCKET NUMBER: 2007-0942-PST-E; TCEQ ID NUMBER: RN104213053; LOCATION: 7118 South New Braunfels Avenue, San Antonio, Bexar County, Texas; TYPE OF FACILITY: retail service station with sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(2)(C) and (c)(4) and Texas Water Code (TWC), §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components were operating properly and by failing to inspect and test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §334.50(a)(1)(A) and TWC, §26.3475(c)(1), by failing to have a release detection method capable of detecting a release from any portion of the underground storage tank (UST) system which contained regulated substances, including the tanks, piping, and other ancillary equipment; 30 TAC §334.10(b), by failing to make available legible copies of all required UST records for inspection upon request by agency personnel; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a non-removable point in the immediate area of the fill tube according to the UST registration and self-certification form; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Administration Account Number 0065740U for Fiscal Year 2007; PENALTY: $16,330; STAFF ATTORNEY: Patrick Jackson, Litigation Division, MC 175, (512) 239-6501; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200800815

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 12, 2008

Texas Facilities Commission

Request for Proposal #303-8-11122

The Texas Facilities Commission (TFC), on behalf of the Department of Assistive and Rehabilitative Services (DARS), announces the issuance of Request for Proposal (RFP) #303-8-11122. TFC seeks a 5 to 10-year lease of approximately 3,247 square feet of office space in the Colleyville area, Tarrant County, Texas.

The deadline for questions is February 29, 2008; and the deadline for proposals is March 7, 2008 at 3:00 p.m. The award date is March 19, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=75130.

TRD-200800824

Kay Molina

General Counsel

Texas Facilities Commission

Filed: February 12, 2008

Request for Proposal #303-8-11128

The Texas Facilities Commission (TFC), on behalf of the Office of the Inspector General of the Health and Human Services Commission announces the issuance of Request for Proposals (RFP) #303-8-11128. TFC seeks a Five (5) or a Ten (10) year lease of approximately 9,091 square feet of office space in the Counties of Harris or Fort Bend, Texas.

The deadline for questions is March 7, 2008 and the deadline for proposals is March 21, 2008 at 3:00 p.m. The award date is March 31, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

TRD-200800818

Kay Molina

General Counsel

Texas Facilities Commission

Filed: February 12, 2008

Texas Health and Human Services Commission

Correction Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) published a public notice regarding the proposed Medicaid payment rates for Stereotactic Radiosurgery procedure codes in the February 15, 2008, issue of the Texas Register (33 TexReg 1425). The notice listed an incorrect effective date and, as such, the February 29, 2008, rate hearing has been rescheduled. The correct notice should be as follows:

The Texas Health and Human Services Commission will conduct a public hearing on March 18, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for Stereotactic Radiosurgery procedure codes listed below. These changes are associated with Medicaid medical policy changes effective April 1, 2008. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code, §32.0282, and Texas Administrative Code (TAC), Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The payment rates are proposed to be effective April 1, 2008. The proposed rates are as follows:

Proposed Medicaid Payment Rates

Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners, and 1 TAC §355.8121, which addresses the reimbursement methodology for ASCs/HASCs.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after February 25, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200800811

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 11, 2008

Public Notice

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas Home Living (TxHmL) waiver, a 1915(c) waiver to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed effective date of the waiver amendment is September 1, 2007.

The current TxHmL waiver is approved from March 1, 2007, through February 29, 2012. The waiver provides community-based services for individuals who would require services at the level provided by an Intermediate Care Facility for Persons with Mental Retardation or Related Conditions.

The proposed waiver amendment revises reimbursement rates and adjusts the annual cost limit to be consistent with the 2008 - 2009 General Appropriations Act, which allowed the Department of Aging and Disability Services (DADS) to increase the rates for two service categories provided under this program, Community Living and Professional and Technical Supports. This revision ensures individuals are able to receive services at the same level authorized prior to the rate increase.

The amendment also revises the previously stated implementation date for the consumer directed services option from January 1, 2008, to February 1, 2008. The Consumer Directed Services Agencies providing financial management services will be reimbursed according to the revised rate methodology upon implementation of the consumer directed service option. The amendment maintains cost neutrality for each year in the remaining five-year waiver period covering 2008 through 2012.

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

TRD-200800837

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 13, 2008

Department of State Health Services

Notice of Agreed Orders

Notice is hereby given that the Department of State Health Services issued the following Agreed Orders:

-Urology Specialists of Austin (Registration Number R02986) of Austin. A total penalty of $2,250 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Lifecare Hospitals of Plano (Registration Number R27337) of Plano. A total penalty of $7,500 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Texas Oncology PA, d/b/a Longview Cancer Center (Registration Number R21260) of Longview. A total penalty of $5,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Broad Horizon Imaging, Inc. (Registration Number R28753) of Del Rio. A total penalty of $3,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Shannon Clinic (Registration Number R03093) of San Angelo. A total penalty of $2,000 shall be paid by registration for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Terra Testing, Inc. (License Number L02464) of Lubbock. A total penalty of $2,500 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Austin Reeves, DPM (Registration Number R24720) of Texarkana. A total penalty of $2,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Ennis Regional Medical Center (Registration Number M00719) of Ennis. A total penalty of $4,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Real Health Care - East Houston (Registration Number R21441) of Houston. A total penalty of $1,250 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Paul S. Sturm, D.D.S. (Registration Number R05907) of Uvalde. A total penalty of $1,500 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Call Hall, P.C., d/b/a Hall Chiropractic (Registration Number R11962) of Austin. A total penalty of $1,250 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Texoma Medical Center (Registration Number M00201) of Denison. A total penalty of $1,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Martin G. Garcia, DDS, PC (Registration Number R13091) of San Antonio. A total penalty of $2,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Meridian Plastic Surgery Center, LLC (Registration Number R29720) of Austin. A total penalty of $2,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

-Austin Urological Associates (Registration Number R30148) of Austin. A total penalty of $500 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

A copy of all relevant material is available for public inspection, by appointment, at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, press "1" then press "0", Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200800751

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: February 8, 2008

Notice of Stakeholder Meeting Concerning Abortion Facility Reporting and Licensing Rules

In accordance with Government Code, §2001.039, the Department of State Health Services (department) proposes to review and revise the Abortion Facility Reporting and Licensing Rules codified at 25 Texas Administrative Code, Chapter 139.

The department will hold a stakeholder meeting on Friday, February 29, 2008 , from 10:00 a.m. - 12:00 p.m. at the following location: Department of State Health Services, Suite K-100, 1100 West 49th Street, Austin, Texas 78756.

This meeting is to allow stakeholders the opportunity to verbally provide any comments or concerns regarding the rules to the department. A draft of the proposed rules is available for review at http://www.dshs.state.tx.us/hfp/hottopics.shtm.

Please contact Pamela Adams, Department of State Health Services, 1100 West 49th Street, Austin, Texas, telephone (512) 834-6646, if you have questions. We appreciate your input into the rule revision process.

TRD-200800752

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: February 8, 2008

Texas Higher Education Coordinating Board

Request for Proposals for Local Vertical Curricula Alignment Pilot Project

Notice requesting proposals from applicants to facilitate the process of developing a local vertical curricular alignment pilot project.

PURPOSE: To solicit proposals from qualified applicants to assist in a pilot project designed to promote high academic expectations leading to college readiness and completion that meet college readiness standards, help develop a pilot data collection system in Bexar County, and develop P-16, within-discipline faculty teams to address transition issues and develop aligned curriculum in specific fields of study for the purpose of improving instruction and student outcomes.

DEADLINE FOR TRANSMITTAL OF PROPOSALS: March 7, 2008, 5:00 p.m. CST

RFP AVAILABLE: February 1, 2008

ESTIMATED NUMBER OF AWARDS: one

PROJECT PERIOD: two-year project renewable each year

BUDGET PERIOD: 12 months

APPLICABLE REGULATIONS:

For more information, go to the THECB website, http://www.thecb.state.tx.us/reports/PDF/1455.PDF.

For proposal templates, go to the THECB website, http://www.thecb.state.tx.us/reports/DOC/1456.DOC.

TRD-200800821

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 12, 2008

Texas Department of Housing and Community Affairs

Housing Trust Fund

2008 Homeownership SuperNOFA

Notice of Funding Availability (NOFA)

Summary

The Texas Department of Housing and Community Affairs (Department) announces the availability of approximately $1,000,000 of the 2008 Housing Trust Fund (HTF) to fund homeownership activities for Texans. Funds will be made available for the rebuilding or rehabilitation of affordable housing for homeowners and gap financing or downpayment assistance for first-time homebuyers. The availability and use of these funds are subject to the State Housing Trust Fund Rules at 10 Texas Administrative Code, Title 10, Part 1, Chapter 51 ("HTF Rules") in effect at the time the application is submitted.

Allocation of HTF Funds

These funds are made available through the Housing Trust Fund and are not subject to the Regional Allocation Formula. All funds released under this NOFA shall be used to assist households earning 50% or less of the Area Median Family Income (AMFI) as defined by the U.S. Department of Housing and Urban Development (HUD), with incentive provided to serve households earning 30% or less of the AMFI. Assistance provided with these funds must be in the form of a loan to the homeowner or homebuyer.

In accordance with 10 TAC §51.8, this NOFA will be an Open Application Cycle and funding will be available on a first-come, first-served statewide basis. Applications will be accepted by the Department on an on-going basis until all funds have been awarded or 5:00 p.m. on Friday, June 27, 2008, regardless of method of delivery. Applicants are encouraged to review the application process cited above and described herein. Applications that do not meet minimum threshold criteria will not be considered for funding.

The maximum award amount per Applicant is $250,000 inclusive of project and administrative funds. Non-profit organizations may request up to five percent (5%) of the requested project funds for administrative costs.

The contract term for each award shall not exceed 24 months.

Eligible and Ineligible Activities

Eligible activities will include those permissible under HTF Rules at 10 TAC §51.4 and described in this NOFA.

Prohibited activities include those under HTF Rules 10 TAC §51.5.

Mortgage Assistance:

Acquisition, new construction or reconstruction costs assistance is provided to homeowners to rebuild single family housing affected by a disaster other than Hurricane Rita. Eligible homeowners must provide evidence of prior homeownership and principal residence status of the home proposed to be rebuilt. Assistance will be in the form of a zero percent (0%) interest, 30-year term, amortizing loan creating a 1st lien. All properties must meet all applicable building and safety codes, ordinances and standards, local zoning ordinances and HUD's Housing Quality Standards (HQS) at the completion of assistance. If a home is newly constructed it must also meet federal energy requirements as defined by HUD.

The maximum loan amount per homeowner is $70,000.

As an incentive to prioritize providing assistance to households earning 30% or less of the AMFI, the assistance for these households will be provided in the form of a zero percent interest (0%), 20-year deferred, forgivable loan creating a 1st lien.

Forgiveness of the loan balance is calculated based on a pro-rata annual share of the loan term. The anniversary date of the loan shall constitute completion of the year. Any partial year shall not be waived. The amount due will be based on the pro-rata share on the number of years of the remaining loan term.

If at any time prior to the full loan period there occurs a sale of the property, a refinance of any superior lien, a repayment of any superior lien, or if the unit ceases to be the assisted homeowner's principal residence, the loan shall become due and payable. In the event the home is sold (voluntary or involuntary); the assisted homeowner will pay the loan balance from the shared net proceeds of the sale. The net proceeds are the sales price minus superior loan repayment (other than HTF funds) and any closing costs. A copy of the HUD closing statement must be provided.

Downpayment Assistance:

Down payment and gap financing is provided to homebuyers for the acquisition of single family housing. Eligible first-time homebuyers must not have owned a home in the three (3) years prior to the receipt of assistance. Assistance will be in the form of a zero percent interest (0%) interest, 10-year deferred, forgivable loan creating a 2nd or 3rd lien. Homebuyer Counseling must be provided to each household served. All properties must meet all applicable building and safety codes, ordinances and standards, local zoning ordinances and HUD's Housing Quality Standards (HQS) at the completion of assistance. If a home is newly constructed it must also meet federal energy requirements as defined by HUD.

The maximum loan amount per homebuyer is $10,000.

As an incentive to prioritize providing assistance to households earning 30% or less of the AMFI, the assistance for these households will be provided in the form of a zero percent interest (0%) interest, 5-year deferred, forgivable loan creating a 2nd or 3rd lien.

Rehabilitation Assistance:

Rehabilitation cost assistance is provided to homeowners to rehabilitate single family housing including architectural barrier removal. In general, the rehabilitation of a manufactured housing unit is not an eligible activity. However, the Department may consider individual homeowners' requests made through administrators on a case-by-case basis. Approval to perform the rehabilitation of a manufactured housing unit will be made at the sole discretion of the Department. Eligible homeowners must provide evidence of homeownership and principal residence status of the home proposed to be rehabilitated. Assistance will be in the form of a zero percent (0%) interest, 20-year deferred, forgivable loan creating a 1st, 2nd or 3rd lien. All properties must meet all applicable building and safety codes, ordinances and standards, local zoning ordinances and HUD's Housing Quality Standards (HQS) at the completion of assistance. If a home is newly constructed it must also meet federal energy requirements as defined by HUD.

The maximum loan amount per homeowner is $30,000.

As an incentive to prioritize providing assistance to households earning 30% or less of the AMFI, the assistance for these households will be provided in the form of a zero percent interest (0%) interest, 10-year deferred, forgivable loan creating a 1st, 2nd or 3rd lien.

Any rehabilitation performed on housing units for accessibility modifications must be designed to meet the needs of the individual homeowner.

Eligible and Ineligible Applicants

Eligible applicants are Units of General Local Government, Nonprofit and For-Profit Organizations and Public Housing Authorities (PHA's).

Applicants may be ineligible for funding if they meet any of the criteria listed in §51.5 of the Department's HTF Rule.

Threshold Criteria

Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every applicant must be able to evidence as a threshold standard, that they can demonstrate the ability to administer the program and commit adequate cash reserves of at least $35,000 to cover any delays in the disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are paid by program funds. This commitment must be included in the applicant's resolution.

Evidence of Prior Experience: All applicants must have at least two (2) years of experience in providing the assistance for each of the activities for which funds are requested as evidenced by current or previous contracts with funding entities for the each activity. Applicants that request funds to provide accessibility modifications must have at least two (2) years of experience in performing this specific activity and evidence the experience with current or previous contracts with funding entities for the same. To satisfy this requirement, applicants may provide evidence of a partnership with an entity or organization that meets this requirement.

Program Design: All applications submitted must include a detailed, written program design which must include proposed activities to be undertaken, marketing, method of receiving applications from prospective homeowners and homebuyers, procurement requirements (if applicable), procedures to handle complaints or grievances and a proposed timeline to complete all activities. Applicants that request funds to provide accessibility modifications must clearly describe the process and expertise to be used in determining the accessibility needs of the homeowner. The documentation submitted must include the resume(s) of qualified and experienced staff or an agreement with a qualified and experienced third-party organization.

Resolution Requirement: All applications submitted must include an original resolution from the applicant's direct governing body, authorizing the submission of the application, committing a specific amount for cash reserves for use during the contract period and naming a person authorized to represent the organization and signature authority to execute a contract.

Review Process

Pursuant to 10 TAC §51.8, each application will be handled on a first-come, first-served basis. Each application will be assigned a "received date" based on the date and time it is physically received by the Department. The Department will ensure review of materials required under the NOFA and Application Submissions Procedures Manual (ASPM) for threshold criteria and eligibility and will issue a notice of any Administrative Deficiencies for Applications within 45 days of the Received Date.

All applicants will be processed through the Department's Application Evaluation System and will include a previous award and past performance evaluation. Poor past performance may disqualify an applicant for funding recommendation or a funding recommendation may include conditions.

Funding recommendations of eligible Applicants will be presented to the Department's Governing Board of Directors based on eligibility and limited by the total amount of funds available under this NOFA and the maximum award amount.

Because applications are processed in the order they are received by the Department, it is possible that the Department will expend all available HTF funds before an application has been completely reviewed. If on the date an application is received by the Department, no funds are available under this NOFA, the applicant will be notified that no funds exist under the NOFA and the application will not be processed.

An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.

Application Submission

The Application Guide for this NOFA will be available on the Department's website at www.tdhca.state.tx.us by February 29, 2008. Applications must be submitted on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department. All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials. Final application deadline date is 5:00 P.M., Friday, June 27, 2008.

Applications mailed via the U.S. Postal Service must be mailed to:

Texas Department of Housing and Community Affairs

Attn: Ann Gusman-MacBeth, Housing Trust Fund Program Administrator

HOME Division

P.O. Box 13941

Austin, Texas 78711-3941

Applications mailed by private carrier or hand-delivered will be received at the physical address:

Texas Department of Housing and Community Affairs

Attn: Ann Gusman-MacBeth, Housing Trust Fund Program Administrator

HOME Division

221 E. 11th Street

Austin, Texas 78701

Applicants are required to remit a non-refundable application fee payable to the Texas Department of Housing and Community Affairs in the amount of $30 per application. Please send a check, cashier's check or money order; do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive grant application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status in lieu of the application fee.

Applications that do not meet the filing deadline and application fee requirements will be returned to the applicant and will not be considered for funding. Application deficiencies will be processed in accordance to 10 TAC §51.8. An applicant may appeal decisions made by the Department in accordance with 10 TAC §1.7.

This NOFA does not include text of the various applicable regulatory provisions that may be important to the Housing Trust Fund Program. For proper completion of the application, the Department strongly encourages potential applicants to review the HTF rules and regulations and to attend an application workshop.

Application Workshop

The Department will present an application workshop that will provide an overview of the Housing Trust Fund, application preparation and submission requirements, evaluation criteria, and program information and requirements. The application workshop schedule and registration will be posted on the Department's website at www.tdhca.state.tx.us.

Audit Requirements

An applicant is not eligible to apply for funds or any other assistance from the Department unless a past audit or Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b). This is a threshold requirement outlined in the application, therefore applications that have outstanding past audits will be disqualified. Staff will not recommend applications for funding to the Department's Governing Board unless all unresolved audit findings, questions or disallowed costs are resolved per 10 TAC §1.3(c).

Contact Information

Questions regarding this NOFA should be addressed to:

HOME Division

Attn: Ann Gusman-Macbeth

221 E. 11th Street

Austin, Texas 78701

Telephone: (512) 475-4606

E-mail: ann.macbeth@tdhca.state.tx.us

TRD-200800840

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 13, 2008

Texas Department of Insurance

Company Licensing

Application for incorporation to the State of Texas by GLOBAL GUARDIAN INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in El Paso, Texas.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200800873

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 13, 2008

Third Party Administrator Application

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.

Application of COMPENSATION RISK MANAGERS, LLC., a foreign third party administrator. The home office is POUGHKEEPSIE, NEW YORK.

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

TRD-200800741

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 7, 2008

Texas Lottery Commission

Notice of Public Hearing

A public hearing to receive public comments regarding the proposed repeal of 16 TAC §401.312, relating to "Texas Two Step" On-Line Game, and proposed new 16 TAC §401.312, relating to "Texas Two Step" On-Line Game, will be held on Friday, February 29, 2008, at 2:00 p.m. at the Texas Lottery Commission, Commission Auditorium, First Floor, 611 E. Sixth Street, Austin, Texas 78701. Persons requiring any accommodation for a disability should notify Michelle Guerrero, Executive Assistant to the General Counsel, Texas Lottery Commission at (512) 344-5113 at least 72 hours prior to the public hearing.

TRD-200800844

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 13, 2008

Texas Board of Nursing

Disciplinary Sanctions for Fraud, Theft, and Deception

The Texas Board of Nursing (Board), in keeping with its mission to protect the public health, safety, and welfare, believes it is important to take a strong position regarding the licensure of individuals who have engaged in dishonest behaviors that may place the public or patients at risk. The Board is concerned with individuals who have stolen or misappropriated property, money, or other possessions from patients, who have engaged in fraudulent behavior towards patients, who have engaged in fraud towards government programs or funds, e.g., Medicare and/or Medicaid, or who have been convicted or received a judicial order involving a crime or criminal behavior of theft or deception to an extent that such conduct may be repeated in connection with the individual's practice of nursing with patients who are vulnerable, thereby affecting the nurse's ability to safely care for patients. Furthermore, the Board's policy is consistent with and supports the Governor's Executive Order RP36 dated July 12, 2004, relating to preventing, detecting, and eliminating fraud, waste, and abuse that can be found at www.governor.state.tx.us/divisions/press/exorders/rp36.

The Board's position applies to all nurse license holders and applicants for licensure. The Board adopts the following assumptions as the basis for its position:

1. Patients* under the care of a nurse are vulnerable by virtue of illness or injury, and the dependent nature of the nurse-patient relationship.

2. Persons who are especially vulnerable include the elderly, children, the mentally ill, sedated and anesthetized patients, those whose mental or cognitive ability is compromised and patients who are disabled or immobilized.

3. Patients frequently bring valuables (medications, money, jewelry, items of sentimental value, checkbook, or credit cards) with them to a health care facility.

4. Nurses frequently provide care in private homes and home-like settings where all of the patient's property and valuables are accessible to the nurse.

5. Nurses frequently provide care in settings without direct supervision.

The Board considers the following behaviors important in evaluating whether an individual possesses the integrity and honesty to practice nursing:

1. Theft from a patient raises serious concerns whether the nurse can be trusted to respect a patient's property/possessions in the future.

2. Theft or deception that occurs outside of the workplace, including conviction or a judicial order involving criminal behavior, may raise concerns as to whether the same misconduct will be repeated in the workplace and, therefore, place patients at risk for theft and deception.

* The terms "resident" or "client" are often substituted for the term "patient" in health care facilities. For the purposes of this document "patient" includes all of these terms.

Crimes Related to Fraud, Theft, and Deception

Fraudulent behavior is a crime of moral turpitude. The Board may rely solely on the conviction of a crime or probation for a crime, with or without an adjudication of guilt, to deny, suspend, limit, or revoke a license. Criminal conduct involving fraud, theft, and/or deception may also reflect a lack of good professional character (22 Texas Administrative Code (TAC) 213.27). In addition, the Board is also concerned with fraud involving government funds or programs, such as Medicare or Medicaid. This type of fraud increases the price employers pay for worker's compensation, drains the unemployment insurance fund, and steals from those in need of vital Medicaid and/or Medicare services. A conviction or a judicial order involving the criminal behaviors of fraud, theft, falsification or deception is a concern to the Board but may not in and of itself disqualify a person from licensure.

The magnitude of the behavior is not necessarily a major factor the Board will consider. Factors related to the crime that would concern the Board the most are evidence of premeditation, lack of remorse, and failure to pay restitution. The presence of these factors is evidence to the Board that the likelihood of the same behavior being repeated is great enough that patients may be at risk for the same conduct. Acts of an impulsive nature where there is insight/remorse regarding the conduct may be mitigating factors for the Board to consider. The criminal behavior of fraud, theft, or deception will be evaluated on an individual basis considering the foregoing factors.

It should be noted that if a nurse is imprisoned following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision for a crime involving fraud, theft, or deception, the Board shall revoke the nurse's license, regardless of the conduct associated with or the circumstances surrounding the crime. Chapter 53 of the Texas Occupations Code and 22 TAC §213.28 governs the consequences of criminal convictions and requires revocation of a nurse's license if there is imprisonment as stated above. 22 TAC §213.27 is also applicable to criminal conduct. Acts of fraud, theft, or deception will preclude a nurse from working in a home health or independent setting during the stipulation period. If circumstances do not warrant removal from that practice setting, supervision in the home health or independent setting will be required. Discipline by the Board will likely require the nurse to pay a civil penalty or fine and restitution as authorized by the Nursing Practice Act and Board rules. The Board will take under consideration any conviction or conduct that falls within the "youthful indiscretion" factors as stated in Board rules (22 TAC §213.28), factors stated in Texas Occupations Code Chapter 53 regarding criminal conviction consequences, and other factors in 22 TAC §213.27 and §213.28 (Good Professional Character and Licensure of Persons with Criminal Convictions).

Theft from a Patient

Theft from a patient or engaging in fraudulent or deceitful behavior or conduct with or involving a patient is never acceptable. Theft of patient money, property, medicine, valuables, or items of sentimental value is ground for suspension or revocation of licensure. A license may be denied if the applicant engaged in theft while functioning in the role of a care giver. Other fraudulent conduct or deception towards a patient is unacceptable, but not necessarily a disqualification from licensure. These cases will be considered on an individual basis and may be disciplined at a level less than revocation or may be reprimanded or warned and limited from independent settings following a thorough investigation. Factors such as insight, remorse and premeditation will be considered as to whether a disciplinary sanction is imposed. The Board believes that employers of nurses have the responsibility to have safeguards in place to ensure that patients are not subjected to acts of fraud, theft, or deception.

Theft from the Workplace

Theft is an intentional act regardless who is the victim of the theft. The Board's position on theft from an employer is not as strong as its position on theft from a patient. However, if a nurse engages in fraud, theft, or deception toward his/her employer, there is the possibility that the nurse will also engage in the same behavior towards patients. The Board will consider the factors of premeditation, remorse and restitution as well as the steps taken by the employer toward the nurse in deciding whether or not discipline should be imposed.

Petition for Reinstatement

A person who has been denied licensure or whose license has been revoked has the right to petition the Board for reconsideration or reinstatement after one (1) year has elapsed. The burden of proof that the person does not pose a danger for fraud, theft, or deception toward patients remains with the petitioner or applicant.

Recommended Sanctions

The minimum allowed sanction for fraud, deceit, intentional, and/or willful misconduct that results in harm or the potential for harm to another person will be removal from practice in an independent setting, including but not limited to home health and agency nurse, practice under the supervision of another registered nurse, if practicing as a RN, or under the supervision of a licensed vocational nurse or registered nurse, if practicing as a LVN, employer reports, and a punitive fine. The recommended sanction may be revocation.

Approved and adopted on July 26, 2002, modified on April 23, 2004, October 22, 2004 (included Medicare/Medicaid fraud), and January 18, 2008 (based on recommendations adopted by the Eligibility and Disciplinary Task Force on November 30, 2007).

TRD-200800876

Joy Sparks

Assistant General Counsel

Texas Board of Nursing

Filed: February 13, 2008

Disciplinary Sanctions for Lying and Falsification

The Texas Board of Nursing (Board), in keeping with its mission to protect the public health, safety, and welfare, believes it is important to take a strong position regarding the licensure of individuals who have engaged in deception in the provision of health care. This deception includes falsifying documents related to patient care, falsifying documents related to employment, and falsifying documents related to licensure. The Board is also concerned about persons who have been convicted of a crime involving deception to the extent that such conduct may affect the ability to safely care for patients.

The Board's position applies to all nurse license holders and applicants for licensure. The Board adopts the following assumptions as the basis for its position:

1. Patients* under the care of a nurse are vulnerable by virtue of illness or injury, and the dependent nature of the nurse-patient relationship.

3. Critical care, pediatric, and geriatric patients are particularly vulnerable given the level of vigilance demanded under the circumstances of their health condition.

4. Nurses are frequently in situations where they must report patient condition, record objective/subjective information, provide patients with information, and report errors in the nurse's own practice or conduct.

5. Honesty, accuracy and integrity are personal traits valued by the nursing profession, and considered imperative for the provision of safe and effective nursing care (22 TAC §213.27).

6. Patients have the right to expect that the nurse will always accurately report patient conditions, signs and symptoms, and the care the nurse provided.

The Board considers the following behaviors important in evaluating whether an individual possesses the integrity and honesty to practice nursing:

1. Falsification of documents regarding patient care, incomplete or inaccurate documentation of patient care, failure to provide the care documented, or other acts of deception raise serious concerns whether the nurse will continue such behavior and jeopardize the effectiveness of patient care in the future.

2. Falsification of employment applications and failing to answer specific questions that would have affected the decision to employ, certify, or otherwise utilize a nurse raises concerns about a nurse's propensity to lie and whether the nurse possesses the qualities of honesty and integrity (22 TAC §§217.12 (22), (23) and 213.27).

3. Falsification of an application for licensure to the Board raises concerns about the person's propensity to lie, and the likelihood that such conduct will continue in the practice of nursing.

4. A conviction or judicial order involving a crime of lying or falsification raises concern that the person may engage in similar conduct while practicing nursing and place patients at risk.

* The terms "resident" or "client" are often substituted for the term "patient" in health care facilities. For the purposes of this document "patient" includes all of these terms.

Crimes Related to Lying and Falsification

The Board may rely solely on the conviction of a crime or probation for a crime, with or without an adjudication of guilt, to deny, suspend, or revoke a license. A crime involving dishonesty is a crime of moral turpitude. Reliance on judicial orders is designed to avoid subsequent collateral attacks by nurses when the nurse has already been convicted or has admitted to the criminal conduct.

The Board has adopted a policy on fraud, theft, and deception that, in part, addresses the issues of lying and falsification. The crime of lying or falsification is a concern to the Board if the conduct involved defrauding a vulnerable person; if the occurrence was within a short period of time prior to the application for initial licensure; if there is a demonstration of a pattern of lying or falsification; or if the act was obviously premeditated and the individual demonstrates a lack of insight or remorse related to the conduct. The presence of these factors is evidence to the Board that the same behavior is likely to be repeated towards patients and may place their well-being at risk. Crimes involving lying and falsification will be evaluated on an individual basis considering the above factors.

Lying on or Falsification of Licensing Documents to the Board

Each licensure form or document, whether it is an initial application, application by endorsement, or a renewal application, contains questions that require a "yes" or "no" answer. These forms contain several questions that might affect the ability of an individual to function safely as a nurse. In addition, the Board asks the applicant, petitioner, or licensee to provide information to determine if he/she meets the practice requirements for nursing licensure. Answers to these questions are used by the Board to determine the applicant's fitness for initial licensure/recognition in regards to conviction history, physical or mental condition, chemical dependency, and eligibility to renew licensure or gain initial licensure/recognition by endorsement related to meeting the continuing education (CE) and practice requirements. The Board can understand that an applicant may mark a "yes" or "no" answer in error, or misunderstand the question being asked. The Board believes, however, that supplying false information in regards to eligibility requirements for licensure is a serious matter, not only because of the lying or falsification itself, but because those false answers would allow an otherwise disqualified applicant to be licensed. Proof of falsification on initial licensure is enough to establish the Board's right to revocation or denial of licensure. It should not be the Board's burden to answer or overcome Respondent's claims of current character or current practice once it is established an applicant or petitioner has knowingly falsified information upon which licensure was based. If Respondent believes he/she has good professional character, they should be required to start the application process over anew under non-deceptive means without the benefit of consideration of the intervening practice as a nurse.

The Board also asks questions on its applications for licensure to verify the individual's identity and provide the Board with demographic information. Falsification of that information is considered serious by the Board, but not as critical as information that directly relates to eligibility for licensure unless the falsification of this information was intended to hide relevant background information of the applicant.

Each case of falsifying an application for licensure will be considered on an individual basis. The investigative process will be used to determine whether the question was answered in error, misunderstood, or purposely answered falsely to deceive the Board. Intentional falsification may result in denial of licensure or revocation of a license. The Board may show leniency towards an applicant for initial licensure because that person may be more likely to misunderstand the questions on the application. The Board believes that an applicant for renewal of licensure should understand the questions and the importance of answering them honestly. A pattern of falsification of information on an application for licensure will not be tolerated and is grounds for revocation.

Failure to cooperate during the course of a Board investigation by supplying false documents or failing to disclose information is grounds for denial or revocation of the license. Reckless disregard for the Nursing Practice Act, the Board's rules and regulations, and/or a Board Order is also grounds for denial or revocation and will require at a minimum, the imposition of a punitive fine in addition to other stipulations.

Nurse Imposter

The Board has no jurisdiction over a person who does not have a license to practice nursing in the State of Texas yet holds him or herself out to be a nurse. The Board does have jurisdiction over an individual who has a nursing license or has had one in the past and represents him or herself as licensed for a broader scope of practice, e.g., LVN to RN, RN to APN. The Board has no tolerance for any form of impostering and will impose the maximum dollar amount of fine allowed under Board rules and may impose a disciplinary sanction. The following factors will be considered in deliberating the level of discipline from remedial education with fine through revocation: intent, potential or actual harm to patients, length of time as an imposter, and insight/remorse.

The Board believes that employers of nurses should verify licensure utilizing the Board's website and thereby avoid hiring a nurse imposter or allowing a nurse to practice beyond his/her scope. The Board may impose a disciplinary sanction to the nurse employer found responsible for hiring a nurse imposter.

Lying or Falsification within the Practice of Nursing

The safe and effective practice of nursing as a licensed vocational nurse, registered nurse, or advanced practice nurse requires integrity, accuracy, and honesty in the provision of nursing care, including:

- performing nursing assessments;

- applying the nursing process;

- reporting changes in patient condition;

- acknowledging errors in practice and reporting them promptly;

- accurate charting and reporting, whether verbal or written;

- implementing care as ordered;

- compliance with all laws and rules affecting the practice of nursing; and

- compliance with minimum nursing standards.

Failure to be accurate and honest while providing patient care and keeping accurate records related to care, is potentially harmful to the overall care patients receive because nurses who provide subsequent care do not have a complete and accurate picture of the client's care and/or condition.

Each case of lying and falsification will be considered on an individual basis. The Board will consider the following factors:

- actual harm to the patient as a result of the lying or falsification;

- the potential for harm to patients;

- the past performance record of the nurse;

- prior complaints;

- accountability for the act of falsification;

- insight;

- remorse; and

- other mitigating or aggravating factors.

The Board will also consider whether or not the nurse was unduly influenced by a more experienced or supervising licensed nurse to falsify patient records or care, in which case that nurse's conduct will be investigated by the Board. The investigative process will be used as an opportunity to educate and reinforce acceptable standards of care. Disciplinary sanctions may range from remedial education with fine to revocation. The level of sanction may be directly proportionate to the harm caused to the patient. If a nurse falsifies, alters, fabricates, back-dates records, or any other form of lying in the home health setting, the nurse will be sanctioned with stipulations, and fined. During the stipulation period, home health and any other form of independent employment settings will be prohibited. Supervision in home health will be required where circumstances do not warrant removal from that practice setting.

Lying/Falsification to an Employer, Nursing Education Program, or other Nursing Training Program

The Board believes that falsification of an application to an employer, school of nursing, or other nursing training program is generally the responsibility of the employer, school, or training program to resolve, unless the falsification involves misrepresentation of credentials, competencies or work experience. Misrepresentation of credentials to an employer will be investigated and viewed by the Board in the same way that lying or falsification within the practice is viewed. A student nurse who falsifies patient records or engages in other dishonesty in patient care gives the Board reason to suspect that he or she will continue the same dishonest acts after licensure. If the Board is made aware of acts committed as a student, an investigation will be conducted once the student makes application for licensure. The Board will consider the same factors as described above for lying and falsification within the practice of nursing.

Petition for Reconsideration or Reinstatement of License

A person who has been denied licensure, or whose license has been surrendered, suspended, or revoked has the right to petition the Board for reconsideration or reinstatement. The burden of proof that the person no longer poses a danger for deception, lying or falsification regarding patient care, record keeping related to nursing practice, or other acts of deception remains with the petitioner.

(Portions of this policy adapted from the Oregon Board of Nursing Policy, 1999, with additions, deletions, and modifications.)

Approved and adopted on July 26, 2002, modified on April 23, 2004 and January 18, 2008 (based on recommendations adopted by the Eligibility and Disciplinary Task Force on November 30, 2007).

TRD-200800875

Joy Sparks

Assistant General Counsel

Texas Board of Nursing

Filed: February 13, 2008

Disciplinary Sanctions for Sexual Misconduct

The Texas Board of Nursing (Board), in keeping with its mission to protect the public health, safety, and welfare, believes it is important to take a strong position regarding the licensure of individuals who engage in sexual misconduct towards patients or former patients in the workplace, who have been convicted of or put on probation for sexual misconduct, or whose sexual misconduct outside the workplace may affect the ability to safely care for patients.

The Board's position applies to all nurse license holders and applicants for licensure. The Board adopts the following assumptions as the basis for its position:

1. Patients* under the care of a nurse are vulnerable by virtue of illness or injury, and the dependent nature of the nurse-patient relationship.

3. Nurses are frequently in situations where they provide intimate care to patients or have contact with partially clothed or fully undressed patients. Nurses may also care for these patients without direct supervision.

4. Nurses are in the position to have access to privileged information and opportunity to exploit patient vulnerability.

5. There are appropriate boundaries in the nurse-patient relationship that nurses must clearly understand and be trusted not to cross.

6. A nurse's duty to maintain boundaries extends beyond a patient's discharge from nursing care, especially when it pertains to confidential medical records.

7. Sexual misconduct towards patients or in the workplace raises serious questions regarding the individual's ability to provide safe, competent care to vulnerable patients.

8. Sexual misconduct that occurs outside of the workplace, including conviction or deferred adjudication of or probation for a crime, may raise questions as to whether that same misconduct will be repeated in the workplace and therefore affects the ability of the nurse to safely provide patient care.

* The terms "resident" or "client" are often substituted for the term "patient" in health care facilities. For the purposes of this document "patient" includes all of these terms.

Crimes Related to Sexual Misconduct

The Board may rely solely on the conviction or deferred adjudication of a crime or probation for a crime, with or without an adjudication of guilt, to limit, deny, suspend, or revoke a license.

Sexual misconduct is a crime of moral turpitude. Crimes of sexual misconduct that involve abuse of a minor or a vulnerable person or taking advantage of another person are extremely serious grounds for denial of an initial application for licensure or revocation of the license. The length of time between the conviction and the application for licensure is not a factor due to the high recidivism rate for sex offenders, lack of empirical evidence regarding the success of treatment, and the fact that many victims do not report that a sexual offense has been committed against them. Crimes that disqualify an individual for licensure include Rape, Sodomy, Sexual Abuse, Contributing to the Sexual Delinquency of a Minor and other crimes related to children. Effective September 1, 2005, Texas Occupations Code §301.4535 requires suspension, revocation, or refusal of a license for initial convictions of certain offenses. The sexually-related offenses are as follows: sexual assault, aggravated sexual assault, indecency with a child, and any offense a defendant is required to register as a sex offender under chapter 62, Texas Code of Criminal Procedure. This includes offenses of a similar nature in other jurisdictions. Once a final conviction or a plea of guilty or nolo contendere is entered, eligibility for licensure is not available until five (5) years after successful completion and dismissal from community supervision or parole.

There are other sexual misconduct crimes that do not involve children or taking advantage of another person. There are also crimes that involve conduct between consenting adults. These crimes are considered by the Board to be of a serious nature but not necessarily a disqualification for licensure. Conviction or deferred adjudication of these crimes will be considered on an individual basis with regard to the circumstances surrounding the crime and may involve a forensic psychological evaluation with a sexual predator component - the sex MMPI, as well as a polygraph. This evaluation is to be performed by a Board approved psychologist or psychiatrist with forensic credentials who has expertise in evaluating sexual offenders.

Finally, it should be noted that if a nurse is imprisoned following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision for a crime involving sexual misconduct, the Board shall revoke the nurse's license, regardless of the conduct associated with or the circumstances surrounding the crime. Chapter 53 of the Texas Occupations Code and 22 Texas Administrative Code §213.28 governs the consequences of criminal convictions and requires revocation of a nurse's license if there is imprisonment as stated above. Section 213.27 of 22 Texas Administrative Code is also applicable to criminal conduct.

Sexual Misconduct Toward Patients

Sexual misconduct toward patients is never acceptable. Conduct such as rape, sex disguised as treatment (unnecessary or prolonged pelvic/breast/genital exams or touching intimate body parts when the touch is not necessary for care) and "sneaky sex" (surreptitious touch, voyeurism, or exposing the patient's body when not necessary) are grounds for limitation, denial, or revocation of licensure. Nurses should never engage in conduct with a patient that is sexual or may reasonably be interpreted as sexual or in any behavior that is seductive or sexually demeaning to a patient, or engaging in sexual exploitation of a patient or former patient. Even if a patient initiates the sexual contact, a sexual relationship is still considered sexual misconduct for the nurse. The nurse should never use the patient to satisfy the nurse's need for personal amusement, gratification, power, control, sexual stimulation or satisfaction. It is always the responsibility of the nurse to establish appropriate boundaries with present and former patients. Other sexual misconduct such as sexual harassment of a patient, verbal interaction of a sexual nature, or a romantic-like relationship with a patient are unacceptable but not necessarily a disqualification from licensure. These cases will be considered on an individual basis and may be disciplined at the level of a Reprimand or Warning following a thorough investigation.

Some factors to be considered are the length of time between the nurse-patient relationship and the personal relationship, the nature of the therapy the patient received, the nature of the knowledge the nurse has had access to and how will that affect the future relationship, whether the patient, or the former patient, will need therapy in the future, and the risk to the patient. Subsequent conduct of a similar nature indicates a pattern and may require revocation. The Board believes that employers of nurses have a responsibility to discourage this conduct and take measures to ensure that patients are not subjected to this conduct.

Consensual sex between a nurse whose relationship or past relationship with the patient is that of a mental health therapist is serious and not acceptable to the Board. The nature of the therapist nurse-patient relationship places the patient, or former patient, in a vulnerable position and raises the question of ability for true consensual sex on the part of the patient. This conduct is grounds for limitation, denial, or revocation of licensure. Consensual sex between a nurse and a former patient often involves exploitation by the nurse of the former patient's vulnerability and may be evidence of violations of appropriate nursing boundaries. Some factors to be considered are the length of time between the nurse-patient relationship and the personal relationship, the nature of the therapy the patient received, the nature of the knowledge the nurse has had access to and how will that affect the future relationship, whether the patient or the former patient will need therapy in the future, and the risk to the patient.

Sexual Misconduct in the Workplace - Not Toward Patients

The Board's mission is protection of the public. The Board is not charged with protecting nurses, and therefore, believes that sexual misconduct in the workplace is the responsibility of the employer. If sexual misconduct in the workplace occurs in view or hearing of a patient or may affect the patient's care or feeling of safety, the Board believes this conduct should be treated the same as similar conduct towards a patient as described above. However, should any conduct lead to a criminal charge, conviction, or deferred judicial action, the Board should be notified.

Petition for Declaratory Order, Reconsideration, or Reinstatement of License

An individual who has been denied licensure or whose license has been revoked has the right to petition the Board for reconsideration of the Board's decision to deny or revoke the license. The burden of proof that the individual no longer poses a risk to the health, safety, and welfare remains with the petitioner. At a minimum, the petitioner must show evidence of successfully completing treatment specific to sexual misconduct. Additionally, the petitioner may be denied licensure without submitting a current forensic evaluation that addresses risk for re-offense, and includes recommendations on limitations in practice, patient population cared for, work setting and other issues related to the problem which originally brought the individual to the Board's attention. A polygraph exam may be included as part of the evaluation. The evaluator must be a health care professional whose credentials and expertise are approved by the Board. The recommended disciplinary or eligibility determination by the Board for sexual misconduct may be revocation or denial of licensure.

(Portions of this policy adapted from the Oregon Board of Nursing Policy, 1999, with additions, modifications, and/or deletions.)

Approved and adopted on July 26, 2002, modified on April 23, 2004, October 20, 2005, and January 18, 2008 (based on recommendations adopted by the Eligibility and Disciplinary Task Force on November 30, 2007).

TRD-200800877

Joy Sparks

Assistant General Counsel

Texas Board of Nursing

Filed: February 13, 2008

Eligibility and Disciplinary Sanctions for Nurses with Substance Abuse, Misuse, Substance Dependency, or Other Substance Use Disorder

The Texas Board of Nursing (Board), in keeping with its mission to protect public health, safety, and welfare, believes it is important to have a clear position on how it will deal with nurses who are reported to the Board because they have:

(1) been diagnosed with substance dependency or abuse, but do not have evidence of current sobriety that dates back a minimum of twelve (12) consecutive months;

(2) exhibited impaired behavior that may be related to substance abuse, misuse, or intemperate use;

(3) demonstrated a pattern of use of addictive substances or pattern of substance mishandling or abuse;

(4) shown evidence of criminal behavior or acts involving substances of addiction/abuse; or

(5) any combination or single factor listed above, whether or not the events reported to the Board occurred while a nurse was on duty.

Any of the above substance-related conditions may affect the ability of a nurse to safely perform nursing duties, thus creating a threat to public safety.

This policy applies to all nurses or those individuals seeking to obtain or regain licensure as a nurse in Texas.

The Board adopts the following assumptions as the basis for its position:

(1) Patients¹ under the care of a nurse are vulnerable by virtue of illness or injury and the dependent nature of the nurse-patient relationship.

(2) Persons who are especially vulnerable include the elderly, children, the mentally ill, sedated and anesthetized patients, patients whose mental or cognitive ability is compromised, and patients who are disabled and immobilized.

(3) Critical care, geriatric, and pediatric patients are particularly vulnerable given the level of vigilance demanded under the circumstances of their health condition.

(4) Nurses are able to provide care in private homes and home-like setting without direct supervision.

(5) Nurses who have active substance dependence or who abuse, misuse, or engage in intemperate use of drugs or alcohol or other substance use disorder may exhibit impairment in both cognitive and motor functioning while caring for patients. Such impairment places patients at risk for harm due to the nurse's inability to accurately assess, make appropriate judgments, and intervene in a timely manner to stabilize the patient(s) and prevent complications.

(6) The disease of substance dependence or other substance use disorders as noted above may range in severity; however, the Board believes all are potentially treatable conditions. Nurses who are in active recovery may be able to safely provide care to vulnerable patients, provided the nurse's practice can be adequately monitored for a defined period of recovery.

(7) Recovery is a process of learning new behaviors, attitudes, and life style that takes time after initial treatment to assure that the person is in a stable and sustainable state of recovery.

The Board believes it has a responsibility to both the public and the nurse when information about a nurse's substance use disorder comes to the Board's attention. The responsibility to the public is for swift action to remove a nurse from performing duties involving direct patient care until the nurse is deemed safe to return to those duties. The Board's responsibility towards the nurse is to recognize that person's past service in the provision of patient care and give that person an opportunity to seek treatment at an approved treatment facility² for the substance use disorder and then return to providing patient care when able to submit verifiable, documented proof that he/she has a year of sobriety and is in stable recovery.

If the Board finds disciplinary action is warranted, under no circumstance will a nurse be eligible for an unencumbered license until the nurse has successfully completed an approved treatment program, plus a year of verifiable, documented sobriety and subsequent probationary monitoring by the Board for a minimum of three (3) years. If a nurse fails to maintain compliance with the Board order, the Board will accept the voluntary surrender of the nurse's license or the Board will seek revocation subject to the Administrative Procedures Act, Nursing Practice Act, and Board rules.

Impairment in the Workplace

A nurse may demonstrate impaired behavior in the workplace due to consumption of drugs and/or alcohol either before coming to work or during work hours. The Board encourages both employers and co-workers of nurses to be familiar with the myriad of signs and symptoms associated with impairment and to report suspicion of impairment so the nurse can be removed from a patient care assignment and the risk of harming patients.

The Board would encourage facilities, agencies, and others who employ or utilize nurses to implement policies requiring "for cause" drug screens to eliminate the often unverifiable claims by the facility regarding suspected workplace impairment of the nurse. Impairment or suspected impairment of a nurse's practice by drugs or alcohol should be reported to the state peer assistance program for nurses or the Board for investigation (Tex. Occ. Code Ann., §301.401). The Nursing Practice Act requires that a person report to the Board a nurse suspected of being impaired by chemical dependency or diminished mental capacity if the person believes that an impaired nurse committed a practice violation. A nurse need not be "diagnosed" with an addictive/abusable or dependence problem to be reported to the Board for impaired behavior and/or practice.

Nurses may obtain medications or other substances through theft from the facility or from a patient in a home or home-like setting. Theft of drugs or other substances by a nurse must be investigated as it raises the question of inappropriate use of drugs or other substances that have the potential and are likely to impair a nurse's practice, thus raising the risk of harm to patients.

A nurse who fails to participate in or complete the state peer assistance program for nurses and is reported to the Board for impairment in the workplace or diversion of drugs will be requested to obtain a chemical dependency evaluation³ from an evaluator who possesses credentials approved by the Board.⁴ Under no circumstance will an evaluation by a Licensed Chemical Dependency Counselor (LCDC) be deemed as acceptable proof that a nurse does not have a substance abuse or dependency diagnosis. If the person is diagnosed as chemically dependent, the nurse may be given the opportunity to enter an approved treatment facility; provide proof of verifiable, documented sobriety for the preceding twelve (12) month period; and participate in Board monitoring for at least three (3) years.

If the state peer assistance program for nurses determines that a nurse is ineligible for its program, a nurse may be eligible to return to work under monitoring conditions determined through a suspend/probate agreement with the Board if he/she has verifiable, documented proof of sobriety for the previous twelve (12) consecutive months and successful completion of a treatment program within the past six (6) months and subsequent to the last relapse. At a minimum, those conditions will include an enforced suspension until a year of verifiable recovery and sobriety with supporting documentation and successful completion of an approved treatment program with a recommendation from the treatment program regarding fitness to return to work.

The nurse will be required to provide proof of working an active program of recovery, employer monitoring by another nurse, employer evaluations of performance, abstinence from drugs and alcohol unless prescribed by a licensed provider for a legitimate purpose with notification to the Board, random drug testing, proof of support group attendance for a period of at least three (3) years, and may be limited in practice settings and in his/her access to controlled substances in the workplace. A nurse who is not willing or able to attend and complete treatment will be offered the opportunity to voluntarily surrender his/her license or will be served with Formal Charges and be given the opportunity for a hearing as provided in the Administrative Procedure Act, Nursing Practice Act, and/or Board rules.

If the person does not receive a diagnosis of chemical dependence, the Board will take any recommendations of the evaluator into account, i.e., pain or disease management and/or mental health issues and determine whether or not a period of monitoring by the Board is in the best interest of public health and safety. In addition, if the evaluator determines that the nurse has a pain management, disease management, or mental health issue, the nurse will be sent to an appropriate specialist or clinic approved by the Board for evaluation and additional recommendations. If the evaluator determines that the individual has a low probability for substance abuse, but the evidence supports practice violations that relate to the drugs at issue, the Board will determine whether or not a period of monitoring is necessary to ensure public safety and welfare.

Crimes Related to Substance Abuse, Misuse, Substance Dependency, or other Substance Use Disorder

The Board may rely solely on the conviction for a crime or probation for a crime, with or without an adjudication of guilt to impose a disciplinary sanction on a nurse. In addition, evidence of the conduct that is the basis for the court's judgment may be of concern to the Board in that it implicates a nurse's professional character pursuant to 22 TAC §213.27 (Good Professional Character). The Board will also consider a pattern of arrests for crimes related to substance abuse in regards to a pattern of behavior that may be of concern to the Board. The fact that a person has been arrested will not be used as grounds for disciplinary action. If, however, evidence ascertained through the Board's own investigation from information contained in the arrest record regarding the underlying conduct suggests actions violating the Nursing Practice Act or rules of the Board, the Board may consider such evidence as a factor in its deliberations regarding any decision to grant a license, restrict a license, or impose licensure discipline.

Crimes related to substance abuse, misuse, substance dependency or other substance use disorder range from those that are primarily harmful to the nurse to those that are harmful to others. Nurses who have committed crimes such as Minor in Possession of Drugs/Alcohol, Possession of a Controlled Substance, Driving Under the Influence of Intoxicants, or Driving While Intoxicated will be required to obtain an evaluation by an evaluator with credentials approved by the Board⁴ to determine if the person has a diagnosis of chemical dependence. Under no circumstance will an evaluation by a Licensed Chemical Dependency Counselor (LCDC) be deemed as acceptable proof that a nurse does not have a substance abuse or dependency diagnosis. The Board may additionally use the results of that evaluation to determine fitness to function as a nurse and whether monitoring by the Board is necessary for protection of the public.

Nurses who have committed crimes that are clearly a danger to others, such as Manufacture and Distribution of a Controlled Substance or Conspiracy to Distribute Illegal Drugs will be considered on an individual basis and may be required to complete a drug and alcohol or forensic psychological evaluation. The Board views crimes related to substance abuse that are harmful to others as more serious than those where harm is directed mainly at the nurse. If the individual facts of a case show harm to others, the Board will serve Formal Charges against the nurse; and the nurse will have the opportunity to a formal hearing as provided in the Administrative Procedures Act, Nursing Practice Act, and/or Board rules. It should be noted that, if a nurse is imprisoned following a felony conviction; felony community supervision revocation; revocation of parole; or revocation of mandatory supervision for a crime involving drugs, alcohol, or substance abuse, the Board shall revoke the nurse's license, regardless of the conduct associated with or the circumstances surrounding the crime. Chapter 53 of the Texas Occupations Code and 22 TAC §213.28 govern the consequences of criminal convictions; and Chapter 53 requires revocation of a nurse's license if there is imprisonment as stated above. Section 213.27 of Title 22 in TAC is also applicable to criminal conduct.

Petition for Reinstatement of License

A nurse whose license has been revoked or suspended or who has voluntarily surrendered his/her license due to chemical dependence or crimes related to substance abuse has the right to petition the Board for reinstatement of the license after one (1) year has elapsed from the effective date of the Board action, unless agreed otherwise. The burden of proof will be on the license holder that he/she is in recovery from chemical dependence; no longer abuses drugs or alcohol; and has been rehabilitated to the extent that he/she no longer poses a threat to the public health, safety, and welfare.

Evidence of Verifiable Sobriety

It is highly recommended that evidence of sobriety include random drug screens, letters, and evaluations from present and past employers, and signed logs of support group attendance. Should the Board reinstate licensure, the nurse may be required to take a refresher course before a license is issued to him/her.

¹ The terms "resident" or "client" are often used interchangeably with the term "patient" in health care facilities. For the purpose of this policy, the term "patient" includes all of these terms.

² An approved treatment facility means a public or private hospital, a detoxification facility, a primary care facility, an intensive care facility, a long-term care facility, an outpatient care facility, a community mental health center, a health maintenance organization, a recovery center, a halfway house, an ambulatory care facility, another facility that is required to be licensed and approved by the Department of State Health Services, or a facility licensed or operated by the Department of State Health Services. The term does not include an educational program for intoxicated drivers or the individual office of a private, licensed health care practitioner who personally renders private individual or group services within the scope of the practitioner's license and in the practitioner's office. Tex. Health & Safety Code, §461.002(9).

³ A chemical dependency evaluation requires:

(a) a release signed by the nurse that allows the Board to send the investigatory file to the evaluator for review prior to the evaluation;

(b) a release that allows the evaluator to send the evaluation directly to the Board;

(d) administration of an SASSI-III and/or MAST test by the evaluator; and

(e) a face-to-face interview between the evaluator and nurse.

⁴ An evaluator must demonstrate that they hold a current professional license and also possess the credentials for the provision of treatment for chemically dependent individuals. A physician, a medical doctor (M.D.) or osteopathic (D.O.), who is certified by the American Society of Addiction Medicine (ASAM) should be considered when the nurse/applicant does not believe/acknowledge that he/she abuses chemicals and has current indicators that suggest they may abuse chemicals and concurrent medical issues put them at risk for abuse/dependency. Examples of medical issues that may put one at risk for abuse and/or dependence include: a history of chronic pain; a history of migraines; fibromyalgia; and/or any other ongoing medical or dental event which has required frequent or long-term narcotic analgesics. An additionist who is doctorally prepared and who specializes in diagnosing and treating chemical dependency should be considered when the nurse/applicant does not believe/acknowledge the abuse of chemicals, but has current non-medical related indicators that suggest that he/she may abuse chemicals. Other licensed treatment evaluators may be approved for evaluation and recommendations for treatment when the nurse/applicant acknowledges being active or recently having been active in the disease of chemical dependency (the individual acknowledges being chemically dependent and, therefore, the evaluation is related to treatment, not diagnosis).

In cases where a judicial order or a criminal conviction is at issue, the Board reserves the right in these situations and others involving criminal activity to request a forensic psychological evaluation with a chemical dependency component. In all cases, whether criminal or not, if additional diagnosis or therapy information is needed, the Board may request additional evaluations.

See Policy on Board-Approved Treatment Providers, (approved October 21 - 22, 2004--Agenda Item 7.9).

Original policy adopted on July 26, 2002, amended on April 25, 2003, and revised on April 23, 2004 and January 18, 2008 (based on recommendations adopted by the Eligibility and Disciplinary Task Force on November 30, 2007).

TRD-200800874

Joy Sparks

Assistant General Counsel

Texas Board of Nursing

Filed: February 13, 2008

Texas Parks and Wildlife Department

Notice of Proposed Real Estate Transaction and Opportunity for Comment

Land Acquisition - Aransas County

On March 27, 2008, the Texas Parks and Wildlife Commission (the Commission) will consider the purchase of approximately 0.60 acre at the Coastal Fisheries Maintenance Complex in Rockport, Aransas 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-200800817

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: February 12, 2008

Public Utility Commission of Texas

Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas received an application on February 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 Marcus Cable Associates, L.L.C. d/b/a Charter Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35309 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the City of Crowley, 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 35309.

TRD-200800807

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 11, 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 February 5, 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 Etan Industries, Inc. d/b/a CMA Communications to Amend a State-Issued Certificate of Franchise Authority, Project Number 35318 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the City Limits of Tuscola, Texas.

TRD-200800808

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 11, 2008

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 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 BetterWorld Telecom, LLC for a Service Provider Certificate of Operating Authority, Docket Number 35313 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, DSL, T-1 Private Line, Fractional T1, and long distance 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 February 27, 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 35313.

TRD-200800806

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 11, 2008

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

On February 8, 2008, New Access Communications, LLC filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60458. Applicant intends to relinquish its certificate.

The Application: Application of New Access Communications, LLC to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 35350.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 27, 2008. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35350.

TRD-200800820

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 12, 2008

South East Texas Regional Planning Commission

Request for Services

Consulting services will consist of the following tasks:

1. Consultant will provide one day training to housing staff of the Orange Regional Home Consortium and such other persons as the Home Consortium may require. The training content shall be determined by the parties as least six weeks in advance of the proposed training to meet the needs of the Consortium.

2. Consultant will provide ongoing technical services to the Orange Regional Home Consortium on an on-demand basis. Technical services shall include up to three site visits during the term of the contract.

Contact: Mike Foster, Community Development Director, SETRPC, 2210 Eastex Freeway, Beaumont, Texas 77703, mfoster@setrpc.org, (409) 899-8444, ext. 256.

Closing Dates: If your company is interested and qualified to provide professional services to the Orange Regional Home Consortium, please contact Mike Foster via letter or e-mail addressed to Mike Foster, 2210 Eastex Freeway, Beaumont, Texas 77703 or mfoster@setrpc.org. All responding companies will receive a complete Request for Qualifications package. Final proposals will be due by 12:00 noon, CST on December 1, 2007.

Proposals will be reviewed based on Consultant Selection Criteria included in the Request for Qualifications package mailed to interested parties.

TRD-200800735

Shaun P. Davis

Executive Director

South East Texas Regional Planning Commission

Filed: February 6, 2008

Stephen F. Austin State University

Notice of Consultant Contract Award

In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, Stephen F. Austin State University furnishes this notice of consultant contract award. The consultant will provide assistance in the development of an updated student housing plan. The Notice of Availability was filed in the October 5, 2007, issue of the Texas Register (32 TexReg 7147)

The contract was awarded to MGT of America, Inc., 2123 Centre Ponte Blvd., Tallahassee, FL 32308, for a fixed fee of $91,544.00.

The beginning date of the contract is January 7, 2008, and the ending date is April 20, 2008.

Documents, films, recording, or reports of intangible results may be presented by the outside consultant.

For further information, please contact Sam Smith, Director of Student Services/Student Center, Stephen F. Austin State University, P.O. Box 13056, Nacogdoches, TX 75962, (936) 468-3403.

TRD-200800793

R. Yvette Clark

General Counsel

Stephen F. Austin State University

Filed: February 8, 2008

Texas Department of Transportation

Notice: Record of Decision

A Record of Decision (ROD) has been issued for the Final Supplemental to the Environmental Impact Statement (FSEIS) for the department's Roadside Pest Management Program (PMP).

The PMP is a vital part of the department's maintenance operations. The FSEIS focused on updating the chemicals utilized by the department and the techniques used in their application. The ROD can be viewed at www.dot.state.tx.us/publications/maintenance.htm . A copy can also be obtained by contacting Dennis K. Markwardt, Maintenance Division, Texas Department of Transportation, 150 East Riverside Drive, Building 150, Fifth Floor, Austin, Texas 78703. Mr. Markwardt can also be reached by telephone at (512) 416-3093 or e-mail at dmarkwt@dot.state.tx.us.

TRD-200800822

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: February 12, 2008