In Addition

In Addition

The Texas Department of Agriculture

Notice of Public Hearing

The Texas Department of Agriculture (department) will hold a public hearing to take comments on proposed amendments to the Structural Pest Control Service rules, Title 4, Part 1, Chapter 7, Subchapter H, Divisions 1-6, as published in the July 4, 2008, issue of the Texas Register (33 TexReg 5141).

The hearing will be held on Monday, July 21, 2008, beginning at 2:00 p.m., in Room 1-100 of the William B. Travis State Office Building, 1701 North Congress, Austin, Texas.

For more information, please contact Jim Muse, Director, Structural Pest Control Service, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, 1-866-918-4481.

TRD-200803409

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: July 1, 2008

Request for Applications: Texans Feeding Texans: Home-Delivered Meal Grant Program

In accordance with Texas Agriculture Code, §12.042, as enacted by House Bill 407, and House Bill 1, 80th Legislature, Regular Session 2007, the state legislature has appropriated funding to the Texas Department of Agriculture (TDA) for distribution, pursuant to the Texans Feeding Texans: Home-Delivered Meal Grant Program (HDMGP), to governmental agencies or qualifying non-profit organizations that deliver meals to homebound persons that are elderly and/or have a disability. TDA will begin accepting applications from eligible organizations beginning September 1, 2008. Total funding for this application period is approximately $10 million.

Eligibility Criteria. To be eligible for HDMGP funds an applying organization must meet the following criteria:

1. Must be a governmental agency or a nonprofit private organization that is exempt from taxation under §501(a), Internal Revenue Code of 1986, as an organization described by §501(c)(3) of that code, that is a direct provider of home-delivered meals to the elderly or persons with disabilities in this state;

2. If a nonprofit private organization, must have a volunteer board of directors;

3. Must practice nondiscrimination;

4. Must have an accounting system or fiscal agent approved by the county in which it provides meals;

5. Must have a system to prevent the duplication of services to the organization's clients;

6. Must agree to use funds received under this section only to supplement and extend existing services related directly to home-delivered meal services;

7. Must have received a grant from the county in which the organization provides meals;

8. Must submit the grant application using the form provided by TDA;

9. Must submit a completed county resolution form, as provided by TDA; and

10. Must comply with HDMGP rules adopted by TDA (4 TAC §§1.950 - 1.962).

For purposes of this Grant Program, "Homebound" means a person who is unable to leave his or her residence without aid or assistance or whose ability to travel from his or her residence is substantially impaired; "Elderly" means an individual who is 60 years of age or older; and "Disability" means a physical, mental or developmental impairment, temporarily or permanently limiting an individuals capacity to adequately perform one or more essential activities of daily living, which include, but are not limited to, personal and health care, moving around, communicating and housekeeping.

Submitting an Application. Applications will be accepted beginning September 1, 2008, and must be submitted on the form provided by TDA. Application forms will be available July 11, 2008, on TDA's website at: www.tda.state.tx.us or available upon request from TDA by calling (512) 463-6908. Applications must be mailed to TDA headquarters in Austin by the deadline provided below. Applications must be certified by the applicant, include required supporting documentation, and bear the notarized signatures of the organization's executive director or other responsible executive officer, and board chair, if applicable. An organization must submit a separate application for each county in which it provides home-delivered meal services.

Deadline for Submission of Applications. The postmark deadline for mailing of applications to TDA is November 1, 2008.

TDA will distribute funds after all valid applications are processed. Funds must be distributed by February 1, 2009. In the event that the amount of qualifying grants exceeds the amount of funds available, funds may be distributed on a pro rata basis.

Grant Agreement. Eligible organizations that qualify to receive grant funds must execute a Grant Agreement with TDA prior to the disbursement of any grant funds.

Further Information. Additional information about the HDMGP, the application process and program rules can be found on TDA's website: www.tda.state.tx.us. In addition, organizations may contact Betsy Levy, TDA Grants Specialist, at (512) 463-6908 or betsy.levy@tda.state.tx.us for more information.

TRD-200803410

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: July 1, 2008

Office of the Attorney General

Notice of Settlement

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

Case Title and Court: Settlement Agreement in State of Texas v. Philip Sheridan, Individually, and d.b.a. Sheridan Water Supply ; Cause No. D-1-GV-07-001292; 98th Judicial District, Travis County, Texas.

Background: This suit alleges violations of the Texas Water Code and the Texas Health and Safety Code resulting from the inadequate operation of a water system in Bexar County, Texas. The Defendant is Philip Sheridan d.b.a. Sheridan Water Supply. The suit seeks civil penalties, injunctive relief, administrative penalties, attorney's fees and court costs.

Nature of Settlement: The settlement awards $1,000.00 in civil penalties to the State, but requires the Defendant to pay for and install the plumbing necessary to connect the homes served by Sheridan Water Supply to the San Antonio Water Authority's water system. The settlement awards $3,000.00 in attorney's fees to the State.

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 to be considered.

For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.

TRD-200803428

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: July 2, 2008

Notice of Settlement

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

Case Title and Court: Harris County and State of Texas v. Andres Martinez, Cause No. 2008-09959 in the 113th District Court of Harris County, Texas.

Nature of Defendant's Operations: Defendant Andres Martinez owned a mobile home park in Harris County. Harris County investigators discovered contaminated drinking water, wastewater discharges to a ditch, and overflowing septic systems at the park. Mr. Martinez agreed, as part of a temporary injunction, to bring bottled water to the residents in the park, to shut off all septic systems, and to provide portable toilets. Mr. Martinez complied with the temporary injunction requirements. There are no longer any residents living at the park.

Proposed Agreed Judgment: The judgment provides for Mr. Martinez to pay $2,000.00 in attorney's fees and expert witness expense. Five hundred of that amount is to be paid to the State and the remainder to Harris County. The judgment also includes permanent injunctive relief requiring Mr. Martinez to locate, vacuum out, and fill with soil all septic tanks at the park. The judgment also permanently enjoins Mr. Martinez from operating a mobile home park in Harris County.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the proposed judgment, and written comments on the proposed settlement should be directed to Liz Bills, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.

TRD-200803430

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: July 2, 2008

Texas Department of Banking

Notice of Public Hearing on Proposed Repeal of Existing 7 TAC §25.25 and Proposed New 7 TAC §25.25

The Texas Department of Banking (Department) will conduct a public hearing to receive testimony concerning the proposed repeal of existing 7 TAC §25.25 and proposed new 7 TAC §25.25, concerning conversions from trust-funded to insurance-funded prepaid funeral contracts. The proposal was published in the July 4, 2008, issue of the Texas Register (33 TexReg 5172).

The Department will hold a public hearing on these proposals in Austin on July 30, 2008, at 10:00 a.m. at the Brown Heatly Building, 4900 North Lamar Boulevard, Room 1410, Austin, Texas 78751. The hearing is limited to discussion of the rule proposal only.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Brenda Medina at (512) 475-1332.

Written comments may be submitted to General Counsel, Texas Department of Banking, Legal Division, 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705-4294 or by e-mail to legal@banking.state.tx.us no later than 5:00 p.m. on August 4, 2008. Copies of the proposed rule can be obtained from the department's website at http://www.banking.state.tx.us/legal/rules/proposed.htm . For further information, please contact Brenda Medina at (512) 475-1332.

TRD-200803360

A. Kaylene Ray

General Counsel

Texas Department of Banking

Filed: June 26, 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 June 20, 2008, through June 26, 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 July 2, 2008. The public comment period for this project will close at 5:00 p.m. on August 1, 2008.

FEDERAL AGENCY ACTIONS:

Applicant: Park Board of Trustees for the City of Galveston ; Location: The borrow site to be added is adjacent to the South Jetty, just off of the East end of Galveston Island, in Galveston County, Texas. The borrow site can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate Latitude/Longitude Coordinates in NAD 83 (meters): Lat: 29.3373 degrees N, Long: 94.7161 degrees W. The placement areas can be located on the U.S.G.S. quadrangle maps titled: Galveston, Texas, and Lake Como, Texas. These placement areas extend west from the terminal end of the seawall at Latitude/Longitude Coordinates in NAD 83(meters): Lat: 29.2423 degrees N, Long: 94.8690 degrees W to the east boundary of the Galveston Island State Park. Project Description: The applicant proposes to amend their existing beach nourishment permit by adding two offshore borrow areas to the existing East Beach borrow sites. The method of removing the sand is dependent of contractor costs but could include one of the following methods: 1) Hydraulic dredging with the material being pumped through pipes to a temporary dredge material placement area and subsequently trucked to the beach, 2) Hopper dredging with hydraulic pumping out of the hopper and pipeline transport to the beach, 3) Hydraulic dredging with pipeline transport to the beach. Recent beach renourishment projects on the island have been completed using the trucking method. This amendment also requests to amend the current beach nourishment boundaries to an area extending 5.8 miles from the west end of the seawall to the Galveston Island State Park. The renourishment sand placement will construct a sand berm a maximum of 400 feet wide from the high tide line and sloping at a 30:1 slope into the Gulf of Mexico. CCC Project No.: 08-0161-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-01025 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

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

Further information on the applications listed above, including a copy the consistency certifications for inspection, 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-200803436

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: July 2, 2008

Comptroller of Public Accounts

Notice of Contract Award

Pursuant to Chapters 403 and 2156, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the following contract award for Texas Tuition Promise Fund (Texas Tomorrow Fund II Prepaid Tuition Unit) Plan Management Services:

The contract was awarded to OFI Private Investments, Inc. The total amount of the contract is based on the fair market value of assets under management. The term of the contract is June 24, 2008 through December 31, 2012.

The notice of request for proposals (RFP #182c) was published in the November 16, 2007, issue of the Texas Register (32 TexReg 8324).

TRD-200803420

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: July 1, 2008

Notice of No Contract Award

The Texas Comptroller of Public Accounts announces this notice of no contract award under the Request for Proposals (RFP #180d) for certain collections services.

The notice of issuance of the RFP was published in the May 16, 2008, issue of the Texas Register (33 TexReg 4021).

TRD-200803345

Pamela G. Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: June 26, 2008

Notice of Request for Proposals

Pursuant to Chapter 2254, Subchapter B, and Chapters 2161, as amended by House Bill 3560 (HB 3560), 80th Texas Legislature, Regular Session (2007), and Chapter 403, Texas Government Code, the Texas Procurement & Support Services Division (TPASS) of the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #186a) from qualified, independent firms to provide consulting services to Comptroller. The successful respondent(s) will assist Comptroller and TPASS in conducting a Historically Underutilized Business (HUB) Disparity Study of State Contracting (Study) for the State of Texas, including preparation and submission of a written report complete with findings and recommendations to Comptroller. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about September 18, 2008, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact Ron Pigott, Deputy General Counsel and Director, TPASS, Comptroller of Public Accounts, Central Services Building, 1711 San Jacinto, Austin, Texas 78711 (Issuing Office), telephone number: (512) 463-5038, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, July 11, 2008, after 10 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Electronic State Business Daily at: http://esbd.cpa.state.tx.us after 10 a.m. (CZT) on Friday, July 11, 2008.

Non-Mandatory Letters of Intent and Questions: All Non-Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Pigott at: (512) 475-9040, no later than 2:00 p.m. (CZT), on Friday, July 25, 2008. Official responses to questions received by the foregoing deadline will be posted electronically on the Electronic State Business Daily no later than Friday, August 1, 2008, or as soon thereafter as practical. Non-Mandatory Letters of Intent or Questions received after the deadline will not be considered. Respondents are solely responsible for confirming and are encouraged to confirm the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be received in the Deputy General Counsel's Office at the address specified above no later than 2 p.m. (CZT), on Friday, August 15, 2008. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents that do not submit proposals by the foregoing deadline. Respondents are solely responsible for confirming and are encouraged to confirm the timely receipt of Proposals in the Issuing Office.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Any contract resulting from this RFP will be considered for award by the Deputy Comptroller in an open meeting attended by a quorum of the Statewide Procurement Advisory Council established under §2155.087, Texas Government Code; that open meeting is tentatively scheduled for September 15, 2008. Comptroller reserves the right to award one or more contracts under this RFP. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - July 11, 2008, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - July 25, 2008, 2 p.m. CZT; Official Responses to Questions Posted - August 1, 2008, or as soon thereafter as practical; Proposals Due - August 15, 2008, 2 p.m. CZT; Open Meeting Conducted by Deputy Comptroller to Consider Contract Award - September 15, 2008; Contract Execution - September 18, 2008, or as soon thereafter as practical; Commencement of Project Activities - September 18, 2008, or as soon thereafter as practical.

TRD-200803431

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: July 2, 2008

Notice of Request for Proposals

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, and Chapter 404, Texas Government Code, the Comptroller of Public Accounts (Comptroller) on behalf of the Texas Treasury Safekeeping Trust Company (TTSTC or Trust Company) announces its Request for Proposals (RFP #188a) for the purpose of obtaining investment consulting services for the Trust Company. The selected consultant (Consultant) will advise and assist the Trust Company and Comptroller in administering the Trust Company's investment activities related to endowment and other funds (Funds). The Funds include, among others, the Tobacco Settlement Permanent Trust and related endowments. The Comptroller is issuing this RFP on behalf of the Trust Company so that the Trust Company may move forward with retaining the necessary investment consultant. The Comptroller and Trust Company reserve the right to award more than one contract under the RFP. If approved by the Trust Company, the Consultant will be expected to begin performance of the contract on or about September 1, 2008, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, in the Issuing Office at: 111 E. 17th St., Room 201M, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, July 11, 2008, after 10:00 a.m. Central Zone Time (CZT) and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily (ESBD) at: http://esbd.cpa.state.tx.us after 10:00 a.m. CZT on Friday, July 11, 2008.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and Non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Friday, July 25, 2008. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. Non-mandatory Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or about Friday, August 1, 2008, the Comptroller expects to post responses to questions on the ESBD. Late non-mandatory Letters of Intent and Questions will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel, Contracts, no later than 2:00 p.m. (CZT), on Friday, August 15, 2008. Late Proposals will not be considered under any circumstances. Respondents shall be solely responsible for verifying time receipt of Proposals in the Issuing Office.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Trust Company and Comptroller will make the final decision.

The Comptroller and the Trust Company reserve the right to accept or reject any or all proposals submitted. The Comptroller and the Trust Company not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller and Trust Company shall not pay for any costs incurred by any entity in responding to this Notice or to the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - July 11, 2008, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - July 25, 2008, 2:00 p.m. CZT; Official Responses to Questions posted - August 1, 2008; Proposals Due - August 15, 2008, 2:00 p.m. CZT; Contract Execution - September 1, 2008, or as soon thereafter as practical; Commencement of Work - September 1, 2008.

TRD-200803432

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: July 2, 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, 303.005, and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/07/08 - 07/13/08 is 18% for Consumer¹ /Agricultural/Commercial²/credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/07/08 - 07/13/08 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.00³ for the period of 07/01/08 - 07/31/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The monthly ceiling as prescribed by §303.005 for the period of 07/01/08 - 07/31/08 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

³For variable rate commercial transactions only.

TRD-200803406

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 1, 2008

Court of Criminal Appeals

Final Order Amending Texas Rules of Appellate Procedure

Misc. Docket No. 08-102

It is hereby ORDERED that:

1. Pursuant to Texas Government Code §§22.108 and 22.109, the Texas Rules of Appellate Procedure are amended as follows.

2. These amended rules take effect September 1, 2008.

3. The Clerk is directed to:

a. file a copy of this Final Order with the Secretary of State;

b. cause a copy of this Final Order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;

c. send a copy of this Final Order to each elected member of the Legislature before December 1, 2008; and

d. submit a copy of this Final Order for publication in the Texas Register.

SIGNED AND ENTERED this 30th day of June, 2008.

__________________________________________

Sharon Keller, Presiding Judge

__________________________________________

Lawrence E. Meyers, Judge

__________________________________________

Tom Price, Judge

__________________________________________

Paul Womack, Judge

__________________________________________

Cheryl Johnson, Judge

__________________________________________

Michael Keasler, Judge

__________________________________________

Barbara Hervey, Judge

__________________________________________

Charles Holcomb, Judge

__________________________________________

Cathy Cochran, Judge

TEXAS RULES OF APPELLATE PROCEDURE

RULE 25 PERFECTING APPEAL

RULE 25.2. Criminal Cases

(a) Rights to Appeal. [no change]

(b) Perfection of Appeal. In a criminal case, appeal is perfected by timely filing a sufficient notice of appeal. In a death-penalty case ~~, however,~~ it is unnecessary to file a notice of appeal, but, in every death-penalty case, the clerk of the trial court shall file a notice of conviction with the Court of Criminal Appeals within thirty days after the defendant is sentenced to death.

RULE 26 TIME TO PERFECT APPEAL

RULE 26.2. Criminal Cases

(a) By the Defendant. [no change]

(b) By the State. The notice of appeal must be filed within 15 20 days after the day the trial court enters the order, ruling, or sentence to be appealed.

RULE 50 RECONSIDERATION ON PETITION FOR DISCRETIONARY REVIEW

Within 60 30 days after a petition for discretionary review is ~~has been~~ filed with the clerk of the court of appeals that delivered the decision, ~~a majority of~~ the justices who participated in the decision may, as provided by subsection (a), ~~summarily~~ reconsider and correct or modify the court's opinion or judgment. Within the same period of time, any of the justices who participated in the decision may issue a concurring or dissenting opinion.

(a) If the court's original opinion or judgment is corrected or modified, that ~~the original~~ opinion or judgment is ~~must be~~ withdrawn and the modified or corrected opinion or judgment is ~~must be~~ substituted as the opinion or judgment of the court. No further opinions may be issued by the court of appeals. The original petition for discretionary review is not dismissed by operation of law , unless the filing party files a new petition in the court of appeals. In the alternative, the petitioning party shall submit to the court of appeals copies of the corrected or modified opinion or judgment as an amendment to the original petition.

(b) Any party may then file with the court of appeals a new petition for discretionary review seeking review of the corrected or modified opinion or judgment, including any dissents or concurrences, under Rule 68.2.

RULE 68 DISCRETIONARY REVIEW WITH PETITION

RULE 68.7. Court of Appeals Clerk's Duties

(a) On Filing of the Petition. [no change]

(b) Reply. The opposing party has 30 days after the timely filing of the petition in the court of appeals to file a reply to the petition with the clerk of the court of appeals. Upon receiving a reply to the petition, the clerk for the court of appeals must file the reply and note the filing on the docket.

(c) ~~(b)~~ Sending Petition and Reply to Court of Criminal Appeals. Unless a petition for discretionary review is dismissed under Rule 50, the clerk of the court of appeals must, within 60 30 days after the petition is filed, send to the clerk of the Court of Criminal Appeals the petition and any copies furnished by counsel, the reply, if any, and any copies furnished by counsel, together with the record, copies of the motions filed in the case, and copies of any judgments, opinions, and orders of the court of appeals. The clerk need not forward any nondocumentary exhibits unless ordered to do so by the Court of Criminal Appeals.

RULE 68.9. ~~Reply~~ [deleted]

The opposing party has 30 days after the timely filing of the petition in the Court of Criminal Appeals--unless additional time is allowed--to file a reply to the petition with the Clerk of the Court of Criminal Appeals. When a reply is filed or the time for filing a reply has expired, the petition will be treated as submitted to the Court and ready for disposition.

TRD-200803421

Louise Pearson

Clerk of the Court

Court of Criminal Appeals

Filed: July 1, 2008

Employees Retirement System of Texas

Request for Qualifications - Real Estate Consultant

The Employees Retirement System of Texas (ERS) is soliciting applications from qualified real estate consultants to provide investment counselor/consulting services (Vendor). The objective of the Vendor will be to assist the ERS Board of Trustees, Investment Advisory Committee, and ERS staff in developing and carrying out a real estate investment program suitable for a public pension plan of ERS' size and that adheres to ERS investment policies.

It is anticipated that the real estate consulting services will begin on or after January 1, 2009, and continue for three years with the possibility to extend for two one-year periods at the option of ERS.

ERS will base its evaluation and selection of the firm(s) on factors that are in the best interest of ERS, including, but not limited to criteria outlined in this notice and in the Request For Qualifications (RFQ), such as the following, which are not necessarily listed in order of priority: compliance with the RFQ; qualifications of the proposed professional staff; technical expertise, including experience with providing similar consulting services to other public pension funds of a similar size to ERS or larger; the quality of the response, including the demonstration of a clear understanding of the scope of the work as well as the appropriateness and adequacy of proposed cost of the services; and other factors deemed appropriate by ERS.

ERS reserves the right to reject any response submitted which is not timely or does not meet the criteria specified in this notice and in the RFQ. ERS is under no legal requirement to execute a contract on the basis of this notice. ERS will not pay any costs incurred by any firm in responding to this notice or RFQ or in connection with the preparation thereof.

A copy of the complete RFQ can be obtained from ERS on or after July 7, 2008. To request a copy of the RFQ or for additional information, please contact Kelly Gonzales at ERS at (512) 867-7199, or by e-mail at kelly.gonzales@ers.state.tx.us. The deadline for receipt of responses by ERS is 4:00 p.m. on August 31, 2008.

TRD-200803440

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: July 2, 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 August 11, 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 August 11, 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: 284 San Gabriel, L.L.C.; DOCKET NUMBER: 2008-0610-WQ-E; IDENTIFIER: RN105444368; LOCATION: Bertram, Burnet County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 Texas Administrative Code (TAC) §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $750; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(2) COMPANY: ALIAHSAN ENTERPRISES, INC. dba Super Stop 8; DOCKET NUMBER: 2008-0418-PST-E; IDENTIFIER: RN101877223; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain the required underground storage tank (UST) records and make them immediately available; 30 TAC §334.7(d)(3), by failing to provide an amended registration to the agency for any change or additional information regarding the USTs; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; and 30 TAC §334.55(a)(6)(A), by failing to submit a site assessment and release determination report prior to the completion of the permanent removal from service; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: AUSTIN EQUIPMENT COMPANY, LC; DOCKET NUMBER: 2008-0288-MLM-E; IDENTIFIER: RN104543780; LOCATION: Jarrell, Williamson County; TYPE OF FACILITY: rock quarry; RULE VIOLATED: 30 TAC §327.5(a), by failing to immediately abate and contain spills or releases of oil; 30 TAC §213.4(k) and Edwards Aquifer Water Pollution Abatement Plan (WPAP) Number 05022201, Factors Affecting Water Quality, by failing to comply with the approved WPAP by allowing vehicle maintenance to be performed outside the shop area; 30 TAC §213.4(k) and Edwards Aquifer WPAP Number 05022201, Permanent Pollution Abatement Measures, by failing to prevent regulated activities within a protective 50-foot stream buffer; 30 TAC §213.4(k) and Edwards Aquifer WPAP Number 05022201, Standard Condition Number 6, by failing to install and maintain temporary sediment controls; and 30 TAC §213.4(a)(1) and Edwards Aquifer WPAP Number 05022201, Standard Condition Number 4, by failing to obtain approval of a WPAP modification prior to initiating construction of the modification; PENALTY: $18,415; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(4) COMPANY: Franklin Bain; DOCKET NUMBER: 2008-0934-WOC-E; IDENTIFIER: RN103420550; LOCATION: Edmonson, Hale County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(5) COMPANY: City of Carthage; DOCKET NUMBER: 2008-0948-WQ-E; IDENTIFIER: RN104356225; LOCATION: Panola County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(6) COMPANY: Columbia-Brazoria Independent School District; DOCKET NUMBER: 2008-0368-MWD-E; IDENTIFIER: RN101179398; LOCATION: West Columbia, Brazoria County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a)(1), by failing to maintain authorization for the discharge of wastewater; PENALTY: $8,640; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: G & R STORE, INC. dba 1 Stop Food Store; DOCKET NUMBER: 2008-0395-PST-E; IDENTIFIER: RN101562346; LOCATION: Lewisville, Denton County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to conduct proper release detection for the pressurized piping; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.49(a)(4) and the Code, §26.3475(d), by failing to provide corrosion protection; 30 TAC §115.242(3)(A) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition; and 30 TAC §115.245(1) and (2) and THSC, §382.085(b), by failing to successfully complete all applicable tests using the procedures required in the commission's Vapor Recovery Test Procedures Handbook; PENALTY: $11,232; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Robert H. Griffin; DOCKET NUMBER: 2008-0336-MLM-E; IDENTIFIER: RN104985775; LOCATION: Mason, Mason County; TYPE OF FACILITY: property; RULE VIOLATED: 30 TAC §330.15(a) and §335.4, by failing to prevent the unauthorized discharge of municipal solid waste and municipal hazardous waste; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(9) COMPANY: Interstate Southwest, Ltd.; DOCKET NUMBER: 2008-0452-PWS-E; IDENTIFIER: RN103394722; LOCATION: Grimes County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(d)(2)(B)(v) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of 220 gallons; 30 TAC §290.46(f)(2) and (3)(D)(i) and (ii), by failing to provide water system records for review at the time of the investigation; 30 TAC §290.44(h)(4), by failing to have a backflow prevention assembly annually tested and certified to be operating within specifications by a recognized backflow assembly tester; 30 TAC §290.43(e), by failing to provide an intruder-resistant fence; 30 TAC §290.46(m)(4), by failing to maintain distribution system lines, water storage and pressure maintenance facilities, and related appurtenances in a watertight condition; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block that extends at least three feet in all directions from the well casing; and 30 TAC §290.43(c)(4), by failing to equip the ground storage tank with an appropriate water level indicator; PENALTY: $1,777; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: KM Aviation, Inc.; DOCKET NUMBER: 2008-0396-AIR-E; IDENTIFIER: RN105377717; LOCATION: Denison, Grayson County; TYPE OF FACILITY: aircraft stripping and repainting; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain an air permit or satisfy the conditions of a permit by rule; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Sidney Wheeler, (512) 239-4969; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: LA CHIRPA, INC. dba Stadium Mart; DOCKET NUMBER: 2008-0946-PST-E; IDENTIFIER: RN101542470; LOCATION: Arlington, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; and 30 TAC §334.50(d)(1)(B), by failing to implement inventory control measures; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Lee's United Construction Services, Inc.; DOCKET NUMBER: 2008-0361-AIR-E; IDENTIFIER: RN102871217; LOCATION: Zapata County; TYPE OF FACILITY: concrete batch plant; RULE VIOLATED: 30 TAC §116.116(b)(1), New Source Review Special Permit (NSRSP) Number T-19175, General Condition 1, and THSC, §382.085(b), by failing to obtain a permit amendment prior to modifying the plant; 30 TAC §116.115(c), NSRSP Number T-19175, Special Condition (SC) 2.C., and THSC, §382.085, by failing to install water spray bars at material transfer points; and 30 TAC §116.115(c) and §116.116(b)(1), NSRSP Number T-19175, SC Number 2.D. and 2.G., and THSC, §382.085(b), by failing to comply with the representations made in the permit application; PENALTY: $2,700; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(13) COMPANY: Miller Breweries West Limited Partnership; DOCKET NUMBER: 2008-0633-AIR-E; IDENTIFIER: RN102649399; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: beer brewery; RULE VIOLATED: 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit a semiannual deviation report; PENALTY: $1,975; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Seven Points Sand & Gravel Inc.; DOCKET NUMBER: 2008-0939-WQ-E; IDENTIFIER: RN105484018; LOCATION: Navarro County; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: The Card Group, Inc.; DOCKET NUMBER: 2008-0938-WQ-E; IDENTIFIER: RN105489827; LOCATION: Lufkin, Angelina County; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(16) COMPANY: City of Tyler; DOCKET NUMBER: 2008-0937-WQ-E; IDENTIFIER: RN102916459; LOCATION: Tyler, Smith County; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(17) COMPANY: City of Wichita Falls; DOCKET NUMBER: 2008-0935-WQ-E; IDENTIFIER: RN105495360; LOCATION: Wichita Falls, Wichita County; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(18) COMPANY: City of Wichita Falls; DOCKET NUMBER: 2008-0936-WQ-E; IDENTIFIER: RN105495329; LOCATION: Wichita Falls, Wichita County; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

TRD-200803408

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 1, 2008

Enforcement Orders

An agreed order was entered regarding Cowboy Foundations and Construction, Inc., Docket No. 2005-0050-WQ-E on June 23, 2008 assessing $3,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin O. 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 City of Dilley, Docket No. 2005-0223-MWD-E on June 23, 2008 assessing $2,540 in administrative penalties with $508 deferred.

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 Curtis Hamlin dba H & S Quick Stop, Docket No. 2005-1321-PST-E on June 23, 2008 assessing $6,750 in administrative penalties with $1,350 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 Gustine, Docket No. 2005-1455-MWD-E on June 23, 2008 assessing $10,575 in administrative penalties with $2,115 deferred.

Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hailu Sima Mesfin dba Classic Cleaners & Tailors, Docket No. 2006-1064-DCL-E on June 23, 2008 assessing $1,185 in administrative penalties with $237 deferred.

Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator at (512) 239-0086, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mimi Hoang Investment Inc. dba Rich Cleaners, Docket No. 2006-1427-DCL-E on June 23, 2008 assessing $3,555 in administrative penalties with $711 deferred.

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

An agreed order was entered regarding Shahid Hameed dba RPS Discount, Docket No. 2006-1748-PST-E on June 23, 2008 assessing $5,100 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 William Carl Bell dba Speedos, Docket No. 2006-1781-PST-E on June 23, 2008 assessing $22,050 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.

An agreed order was entered regarding Don Pressly, Jr., Docket No. 2006-2099-PST-E on June 23, 2008 assessing $8,400 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.

An agreed order was entered regarding Polk County, Docket No. 2007-0298-MSW-E on June 23, 2008 assessing $7,500 in administrative penalties with $1,500 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.

A default order was entered regarding William M. Aldrup, Docket No. 2007-0497-LII-E on June 23, 2008 assessing $7,500 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 Yubany A. Rodriguez dba AR Lawn & Landscape Care, Docket No. 2007-0607-LII-E on June 23, 2008 assessing $262 in administrative penalties.

An agreed order was entered regarding Tall Oaks Estates Water System, Docket No. 2007-1056-PWS-E on June 23, 2008 assessing $1,312 in administrative penalties with $262 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 Post Oak Development of Texas, Inc., Docket No. 2007-1064-WQ-E on June 23, 2008 assessing $1,000 in administrative penalties with $200 deferred.

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

A default order was entered regarding Alonso Trejo, Docket No. 2007-1082-LII-E on June 23, 2008 assessing $875 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 Daniel Viss dba Daniel Viss Dairy, Docket No. 2007-1104-AGR-E on June 23, 2008 assessing $5,830 in administrative penalties with $1,166 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Barbara Miller dba Turner Water Service, Docket No. 2007-1107-PWS-E on June 23, 2008 assessing $29,750 in administrative penalties.

An agreed order was entered regarding Sunoco Pipeline L.P., Docket No. 2007-1114-AIR-E on June 23, 2008 assessing $6,000 in administrative penalties with $1,200 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.

A default order was entered regarding Douglas L. Barr dba Texas Rock, Docket No. 2007-1119-WQ-E on June 23, 2008 assessing $6,300 in administrative penalties.

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

An agreed order was entered regarding Frank De Los Santos, Docket No. 2007-1131-PST-E on June 23, 2008 assessing $5,250 in administrative penalties with $1,050 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 City of McAllen, Docket No. 2007-1251-WQ-E on June 23, 2008 assessing $22,400 in administrative penalties.

A default order was entered regarding Manicured Landscapes, Inc., Docket No. 2007-1257-LII-E on June 23, 2008 assessing $263 in administrative penalties.

An agreed order was entered regarding City of Evant, Docket No. 2007-1291-PWS-E on June 23, 2008 assessing $2,095 in administrative penalties with $419 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Patrick Y. Shin dba Cedar Hill Cleaners, Docket No. 2007-1438-DCL-E on June 23, 2008 assessing $2,000 in administrative penalties with $400 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 Francisco Deluna dba Joint Aggies Irrigation, Docket No. 2007-1465-LII-E on June 23, 2008 assessing $262 in administrative penalties with $52 deferred.

An agreed order was entered regarding Motiva Enterprises LLC, Docket No. 2007-1497-AIR-E on June 23, 2008 assessing $222,268 in administrative penalties with $44,453 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 Chevron Phillips Chemical Company LP, Docket No. 2007-1514-AIR-E on June 23, 2008 assessing $16,344 in administrative penalties.

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 City of Wills Point, Docket No. 2007-1573-MWD-E on June 23, 2008 assessing $18,600 in administrative penalties with $3,720 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 TOTAL PETROCHEMICALS USA, INC., Docket No. 2007-1580-PWS-E on June 23, 2008 assessing $690 in administrative penalties with $138 deferred.

An agreed order was entered regarding BK Services Inc. dba US 59 Fuel Mart, Docket No. 2007-1592-PST-E on June 23, 2008 assessing $2,675 in administrative penalties with $535 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.

A default order was entered regarding James Carter, Docket No. 2007-1596-PST-E on June 23, 2008 assessing $11,550 in administrative penalties.

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2007-1715-AIR-E on June 23, 2008 assessing $20,431 in administrative penalties with $4,086 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.

A default order was entered regarding Cindy Henderson & Melvin Henderson, Docket No. 2007-1782-MLM-E on June 23, 2008 assessing $5,092 in administrative penalties.

An agreed order was entered regarding Flying J Inc. dba Flying J Travel Plaza Orange, Docket No. 2007-1784-PST-E on June 23, 2008 assessing $20,500 in administrative penalties with $4,100 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 LaPorte Business, Inc., Docket No. 2007-1785-PST-E on June 23, 2008 assessing $4,815 in administrative penalties with $963 deferred.

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

An agreed order was entered regarding ISP Technologies Inc., Docket No. 2007-1839-AIR-E on June 23, 2008 assessing $14,000 in administrative penalties with $2,800 deferred.

Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HCNRC Real Estate, Ltd., Docket No. 2007-1852-WQ-E on June 23, 2008 assessing $2,100 in administrative penalties with $420 deferred.

An agreed order was entered regarding Amarillo Road Company, L.P., Docket No. 2007-1882-AIR-E on June 23, 2008 assessing $2,000 in administrative penalties with $400 deferred.

An agreed order was entered regarding Millennium Petrochemicals Inc., Docket No. 2007-1918-AIR-E on June 23, 2008 assessing $5,525 in administrative penalties with $1,105 deferred.

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

An agreed order was entered regarding Hillcroft Grocers, L.L.C., Docket No. 2007-1924-PST-E on June 23, 2008 assessing $7,650 in administrative penalties with $1,530 deferred.

An agreed order was entered regarding City of Childress, Docket No. 2007-1932-MWD-E on June 23, 2008 assessing $5,450 in administrative penalties with $1,090 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrew Hunt, 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 Sunoco, Inc., (R&M), Docket No. 2007-1940-AIR-E on June 23, 2008 assessing $4,940 in administrative penalties with $988 deferred.

Information concerning any aspect of this order may be obtained by contacting Nadia Hameed, Enforcement Coordinator at (713) 767-3629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Zarin, Inc. dba Collins & I-20 Mobil, Docket No. 2007-1951-PST-E on June 23, 2008 assessing $11,500 in administrative penalties with $2,300 deferred.

An agreed order was entered regarding Valero Refining-Texas, L.P., Docket No. 2007-1960-AIR-E on June 23, 2008 assessing $41,500 in administrative penalties with $8,300 deferred.

An agreed order was entered regarding Matt Ray and Donnie Johnson, Docket No. 2007-1973-PST-E on June 23, 2008 assessing $7,875 in administrative penalties with $1,575 deferred.

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

An agreed order was entered regarding Renaissance Stone Works, LLC, Docket No. 2007-1988-WQ-E on June 23, 2008 assessing $800 in administrative penalties with $160 deferred.

An agreed order was entered regarding Martin Operating Partnership L.P. and Martin Product Sales LLC, Docket No. 2007-1992-IWD-E on June 23, 2008 assessing $34,240 in administrative penalties with $6,848 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 City of Fairfield, Docket No. 2007-2000-PWS-E on June 23, 2008 assessing $712 in administrative penalties with $142 deferred.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, 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 Reliant Energy Channelview LP, Docket No. 2007-2002-AIR-E on June 23, 2008 assessing $2,250 in administrative penalties with $450 deferred.

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

An agreed order was entered regarding Lake Whitney Resorts, LLC, Docket No. 2007-2005-PWS-E on June 23, 2008 assessing $1,522 in administrative penalties with $304 deferred.

An agreed order was entered regarding City of Midway, Docket No. 2007-2018-PWS-E on June 23, 2008 assessing $1,422 in administrative penalties with $284 deferred.

An agreed order was entered regarding Ghuman Enterprise Inc. dba Amatos Food Mart 3, Docket No. 2007-2021-PWS-E on June 23, 2008 assessing $490 in administrative penalties with $98 deferred.

An agreed order was entered regarding Valero Refining-Texas, L.P., Docket No. 2007-2039-AIR-E on June 23, 2008 assessing $10,000 in administrative penalties with $2,000 deferred.

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

An agreed order was entered regarding Owens Corning Roofing and Asphalt, LLC, Docket No. 2008-0015-AIR-E on June 23, 2008 assessing $5,000 in administrative penalties with $1,000 deferred.

An agreed order was entered regarding Jack Neely dba Heights Water Company, Docket No. 2008-0039-PWS-E on June 23, 2008 assessing $392 in administrative penalties.

An agreed order was entered regarding JSW Steel (USA) Inc., Docket No. 2008-0049-AIR-E on June 23, 2008 assessing $4,000 in administrative penalties with $800 deferred.

Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ogre, Inc. dba Mur-Tex Company, Docket No. 2008-0068-AIR-E on June 23, 2008 assessing $2,425 in administrative penalties with $485 deferred.

An agreed order was entered regarding Valliani Enterprises, Inc., Docket No. 2008-0071-PST-E on June 23, 2008 assessing $8,500 in administrative penalties with $1,700 deferred.

An agreed order was entered regarding Point Aquarius Municipal Utility District, Docket No. 2008-0126-MWD-E on June 23, 2008 assessing $2,980 in administrative penalties with $596 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3048, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hershel W. Conner, Docket No. 2008-0133-MSW-E on June 23, 2008 assessing $1,070 in administrative penalties with $214 deferred.

Information concerning any aspect of this order may be obtained by contacting Ross Fife, Enforcement Coordinator at (512) 239-2541, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Encinal, Docket No. 2008-0140-MSW-E on June 23, 2008 assessing $1,050 in administrative penalties with $210 deferred.

An agreed order was entered regarding Saint-Gobain Vetrotex America, Inc., Docket No. 2008-0216-AIR-E on June 23, 2008 assessing $5,850 in administrative penalties with $1,170 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 Enviroplan Architects - Planners Austin, Inc., Docket No. 2008-0315-EAQ-E on June 23, 2008 assessing $2,625 in administrative penalties with $525 deferred.

Information concerning any aspect of this order may be obtained by contacting Lauren Smitherman, Enforcement Coordinator at (512) 239-5223, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding Noe Alaniz, Docket No. 2008-0535-WOC-E on June 23, 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 Adam D. Lopez, Jr., Docket No. 2008-0574-WOC-E on June 23, 2008 assessing $210 in administrative penalties.

A field citation was entered regarding Donnie Earl Bristow, Docket No. 2008-0573-WOC-E on June 23, 2008 assessing $210 in administrative penalties.

An agreed order was entered regarding Kaspar Electroplating Corporation, Docket No. 2006-1470-WQ-E on June 26, 2008 assessing $17,500 in administrative penalties.

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 Louis Moncus dba Moncus Sand & Gravel, Docket No. 2004-1071-WQ-E on June 26, 2008 assessing $9,750 in administrative penalties.

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

An agreed order was entered regarding Double Diamond Utilities Co. dba White Bluff Community Water System, Docket No. 2006-1730-PWS-E on June 19, 2008.

Information concerning any aspect of this order may be obtained by contacting Marlin Bullard, Enforcement Coordinator at (713) 767-3694, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SNW Enterprises, Inc. dba Super Stop 12 and Super Stop 13, Docket No. 2005-1300-PST-E on June 19, 2008 assessing $26,661 in administrative penalties.

TRD-200803438

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 2, 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 August 11, 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 August 11, 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: Bob Covington; DOCKET NUMBER: 2007-1384-WOC-E; TCEQ ID NUMBER: RN105209324; LOCATION: 5515 Old Highway 90, Orange, Orange County, Texas; TYPE OF FACILITY: underground storage tank (UST) installation and removal subcontract business; RULES VIOLATED: 30 TAC §§30.5(a), 30.301(b) and 334.55(a)(3), and Texas Water Code (TWC), §37.003, by failing to hold an on-site supervisor license prior to the removal of the USTs from the ground; PENALTY: $625; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2006-0875-AIR-E; TCEQ ID NUMBER: RN102579307; LOCATION: 2800 Decker Drive, Baytown, Harris County, Texas; TYPE OF FACILITY: oil refining and supply company; RULES VIOLATED: 30 TAC §116.715(a), Flexible Permit Number 18287, Special Condition Number 1 and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent an avoidable emissions event in the CLEU3 on February 19, 2006, that lasted five minutes, releasing 9,090 pounds of the highly reactive volatile organic compound ethylene; PENALTY: $10,000; STAFF ATTORNEY: Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(3) COMPANY: Fox Tree and Landscape Nursery, Inc. dba Mother Earth Landscape Materials; DOCKET NUMBER: 2007-1841-MLM-E; TCEQ ID NUMBER: RN104751177; LOCATION: 3037 Farm-to-Market Road 665, Petronila, Nueces County, Texas; TYPE OF FACILITY: composting, brush recycling, concrete recycling, and sand and select fill mining operation; RULES VIOLATED: 30 TAC §328.5(b) and §330.11(e), by failing to submit to the executive director at least 90 days prior to engaging in recycling activities a Notice of Intent to operate a recycling facility, and failing to submit a form or forms describing the types of materials being accepted for recycling, any storage of materials prior to recycling, how the materials will be recycled, and updates or changes to information contained in the facility report within 90 days of the effective date of the change; 30 TAC §328.5(c)(1), by failing to provide a written cost estimate showing the cost of hiring a third party to close the facility; 30 TAC §328.5(d) and §37.921, by failing to establish and maintain financial assurance for closure of a municipal solid waste recycling facility; 30 TAC §328.5(h), by failing to have a fire prevention and suppression plan; 30 TAC §26.121(a), by failing to obtain authorization to discharge storm water associated with an industrial activity through an individual permit or Multi-Sector General Permit; 30 TAC §116.602(a)(2), by failing to comply with the conditions of the Standard Permit for a Tier II Portable Rock Crusher; and 30 TAC §106.146(2), by failing to comply with the conditions of the Permit by Rule, Registration Number 76846 for the Soil Stabilization Plant; PENALTY: $18,721; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(4) COMPANY: Multi-Chem Group, LLC; DOCKET NUMBER: 2006-0516-MLM-E; TCEQ ID NUMBER: RN103948733; LOCATION: 349 Private Road 4473, Sonora, Sutton County, Texas; TYPE OF FACILITY: oilfield manufacturing facility; RULES VIOLATED: 30 TAC §116.116(a)(1) and TCEQ Permit Number 73375, General Condition 1, by failing to construct and operate facilities as represented in the application for TCEQ Air Permit 73375 (the Permit); 30 TAC §116.115(a) and TCEQ Air Permit Number 73375, Special Condition 3, by failing to comply with the annual production rate limit for products shipped off-site; 30 TAC §116.115(c) and TCEQ Air Permit Number 73375, Special Condition 7, by failing to store only mixtures listed in Attachment 1 to the Permit or approved through Special Condition Number 9; 30 TAC §116.115(c) and §335.9(a)(1), TCEQ Air Permit Number 73375, Special Condition 8B, by failing to maintain emissions records which included calculated emissions of volatile organic compound from all storage tanks during the previous calendar month and the past 12 consecutive month period and failing to provide hazardous solid waste generation, storage, or disposal records upon request; 30 TAC §116.115(c), and TCEQ Air Permit 73375, Special Condition 10, by failing to analyze the pH of the scrubbing solution for scrubber EPN SCBR-1; 30 TAC §§331.10(a), 331.3(a), 335.2(a), and 335.431, and 40 Code of Federal Regulations (CFR) §144.26(a) and §268.7(a), by failing to prevent the unauthorized disposal of hazardous waste into a subsurface on-site sewage facility comprised to two septic tanks and drainfield lines; 30 TAC §335.4, by failing to prevent unauthorized discharge or disposal of the following wastestreams: 1) condensate cooling water from the laboratory discharging directly to the ground on-site, 2) wastes being discharged through cracks in the secondary containment of the tank farm adjacent to the blender warehouse, 3) wastes being allowed to discharge from the chemical storage warehouse, 4) rinseate wash area wastes discharged to the environment during rainfall events, 5) unknown wastes disposed of at the southwest corner of the raw material bulk storage tank farm, 6) wastewater discharges from the raw material bulk storage tank farm, 7) paint waste disposed of at the southwest corner of the finished product bulk storage tank farm area, 8) wastewater discharges from the finished product bulk storage tank secondary containment, 9) secondary containment area wastes dumped onto the ground, 10) waste spoils pile generated from the remediation of a November 7, 2005, spill without adequate run-on and run-off controls, 11) stained soils at the warehouse tank farm transfer pump, 12) unknown white crystalline substance discharging to the environment from an open top tank in the waste tank area, 13) several leaking 55-gallon containers, 14) stained soils located at the outside product storage area adjacent to the spoils pile, and 15) water softener wastewater being disposed of in an off-site surface equipment; 30 TAC §§335.6, 335.62, 335.63(a), 335.503(a), 335.504, and 335.513, and 40 CFR §262.11, by failing to conduct a hazardous waste determination and classification of 15 identified wastestreams and failing to have the wastestreams registered on the Notice of Registration with the appropriate United States Environmental Protection Agency identification number; 30 TAC §335.69(d)(1) and 40 CFR §262.34(c)(1)(i) and §265.173(a), by failing to keep containers of hazardous waste closed when not adding or removing waste; 30 TAC §335.69(d)(1) and 40 CFR §262.34(a)(3), by failing to label the laboratory waste tank with the words Hazardous Waste; and 30 TAC §327.3(b), by failing to notify the TCEQ no later than 24 hours after the discovery of the discharge; PENALTY: $70,380; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(5) COMPANY: Yong Cha Edney aka Yung Chea dba K Dry Cleaners; DOCKET NUMBER: 2006-1505-DCL-E; TCEQ ID NUMBER: RN105010466; LOCATION: 303 West Rancier Avenue, Killeen, Bell County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Mary E. Coleman, Litigation Division, MC R-4, (817) 588-5917; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200803416

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 1, 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 August 11, 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 August 11, 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: Chantron Patrick Tes dba Texas Spirit Liquor Store; DOCKET NUMBER: 2007-1639-PST-E; TCEQ ID NUMBER: RN102284643; LOCATION: 1001 South Virginia Street, Terrell, Kaufman County, Texas; TYPE OF FACILITY: retail business for alcoholic beverages with two inactive underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, two USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.22(a) and Texas Water Code (TWC), §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Account Number 0048196U for Fiscal Years 1996-2007; PENALTY: $10,500; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Edna L. Rayford; DOCKET NUMBER: 2008-0098-PST-E; TCEQ ID NUMBER: RN101490738; LOCATION: 7943 Farm-to-Market Road 672, Dale, Caldwell County, Texas; TYPE OF FACILITY: retails sales of gasoline; 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, two USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; 30 TAC §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding USTs within 30 days from the date of the occurrence of the change or addition; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Account Number 0027646U for Fiscal Years 1992 - 2007; PENALTY: $11,550; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(3) COMPANY: Guss Lines dba Lines Cactus Grove Mobile Home Park; DOCKET NUMBER: 2005-2046-PWS-E; TCEQ ID NUMBER: RN104103247; LOCATION: 2408 West Highway 90, Alpine, Brewster County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(d)(2)(A), by failing to operate the disinfection equipment to maintain a minimum free chlorine residual of 0.2 milligrams per liter in each finished water storage tank and throughout the distribution system at all times; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations or service agreement with provisions for proper enforcement to ensure that neither cross connections nor other unacceptable plumbing practices are permitted; 30 TAC §290.46(e), by failing to operate the system under direct supervision of a certified water works operator at all times; 30 TAC §290.41(c)(1)(F), by failing to provide sanitary control easements for well number one and well number two; 30 TAC §290.41(c)(3)(B), (J), and (K), by failing to provide well number one and well number two with a casing that extends a minimum of 18 inches above the elevation of the finished floor of the pump room or natural surface, a concrete sealing block extending at least three feet from the well casing in all directions and a screened casing vent, which is faced downward and elevated so as to minimize the drawing of contaminants into the well; 30 TAC §290.46(v), by failing to install all water system electrical wiring in compliance with local or national electrical codes; 30 TAC §290.41(c)(3)(M), by failing to provide suitable sampling taps on the discharge lines for well number one and well number two to facilitate the collection of samples for chemical and bacteriological analysis directly from the well; 30 TAC §290.41(c)(3)(N), by failing to install a flow meter on each well pump discharge line to provide water usage records and to assist in more efficient system operation; 30 TAC §290.41(c)(3)(O), by failing to protect all water wells in a lockable building designed to prevent intruder access or enclose all water wells with intruder resistant fencing with lockable gates; 30 TAC §290.121(a) and §290.46(n)(2), by failing to develop a public water system siting and monitoring plan and failingto maintain a map of the distribution system so that valves and mains may be easily located during emergencies; 30 TAC §290.46(t), by failing to post a legible sign at each production, treatment, and storage facility by each community system; 30 TAC §290.46(n)(1) and (3), by failing to keep on file and make available for commission review accurate and up-to-date as-built plans or records, drawings and specifications for each treatment plant, pump station, and storage tank and failing to make available for review copies of well completion data for the wells; 30 TAC §290.46(m)(1), by failing to conduct an annual inspection of the pressure tanks; 30 TAC §290.45(b)(1)(E)(ii), by failing to provide a pressure tank capacity of 50 gallons per connection; 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A), by failing to collect and submit monthly water samples for bacteriological analysis for the months of July - October 2005 and failing to provide a public notification of the failure to collect the water samples for the months July - October 2005; and 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to pay the Public Health Service Fee for Fiscal Year 2005, TCEQ Financial Administration Account Number 90220038; PENALTY: $6,813; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(4) COMPANY: Javier R. Martinez; DOCKET NUMBER: 2007-0936-LII-E; TCEQ ID NUMBER: RN103450953; LOCATION: 4646 Highway 6, Suite 215, Sugarland, Fort Bend County, Texas; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §344.4(a) and §30.5(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system and representing to the public that he could perform a service for which a license is required; PENALTY: $625; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(5) COMPANY: Joe Lee Adams; DOCKET NUMBER: 2007-1687-MLM-E; TCEQ ID NUMBER: RN105072128; LOCATION: 394 Hill County Road 2128, Whitney, Hill County, Texas; TYPE OF FACILITY: real estate; RULES VIOLATED: 30 TAC §111.201 and §330.15(c), and THSC, §382.085(b), by failing to obtain written permission from the executive director of the TCEQ prior to conducting outdoor burning and failing to dispose of municipal solid waste at an authorized facility; PENALTY: $1,050; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(6) COMPANY: John Hunt; DOCKET NUMBER: 2007-1888-LII-E; TCEQ ID NUMBER: RN103447306; LOCATION: 16006 Craighurst Drive, Houston, Harris County, Texas; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §30.5(b) and §344.4(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to refrain from advertising or representing himself to the public as a person who can perform services for which a license or registration is required, when not possessing a current license or registration; PENALTY: $267; STAFF ATTORNEY: Patrick Jackson, Litigation Division, MC 175, (512) 239-6501; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(7) COMPANY: Nhung T. Nguyen dba Anna's Cleaners and Alterations; DOCKET NUMBER: 2006-1675-DCL-E; TCEQ ID NUMBER: RN104309794; LOCATION: 2435 Texas Parkway, Suite P, Missouri City, Fort Bend County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Mary E. Coleman, Litigation Division, MC R-4, (817) 588-5917; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(8) COMPANY: Nolte Farms, LLC; DOCKET NUMBER: 2007-1854-PWS-E; TCEQ ID NUMBER: RN105160709; LOCATION: east side of State Highway 123 Bypass, four miles south of Interstate 10 near Seguin, Guadalupe County, Texas; TYPE OF FACILITY: recreation center that operates a non-community public water system; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B), and THSC, §341.033(d), by failing to collect and submit monthly water samples for bacteriological analysis, and failing to provide public notice of the failure to sample during the months of February - April 2007, and July - August 2007; PENALTY: $1,812; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200803417

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 1, 2008

Notice of Water Quality Applications

The following notices were issued during the period of June 26, 2008 through July 1, 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

CAL TEX LUMBER COMPANY INC. which operates Cal-Tex Lumber Plant, a sawmill manufacturing random length dimensionable lumber and fixed length stud lumber, has applied for a renewal of TPDES Permit No. WQ0004198000, which authorizes the discharge of wet deck storage water, boiler blowdown, external kiln condensate, vehicle/equipment wash down water, non-contact cooling water, and storm water on an intermittent and flow variable basis via Outfall 001. The facility is located approximately 0.5 mile south on Farm-to-Market Road 1275 from the intersection of Farm-to-Market Road 1275 and State Highway 224, south of the City of Nacogdoches, Nacogdoches County, Texas.

CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0014456001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 70,000 gallons per day. The facility is located 2,640 feet west of the intersection of State Highway 146 and Old Needlepoint Road, adjacent to, and on the east bank of Cedar Bayou in Chambers County, Texas.

CITY OF HAMILTON has applied for a renewal of TPDES Permit No. WQ0010492002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 880,000 gallons per day. The facility is located approximately 1,900 feet east of U.S. Highway 281 in the City of Hamilton and located immediately south of Pecan Creek at a point 2,800 feet north of State Highway 36 in Hamilton County, Texas.

EXXON MOBIL CORPORATION which operates a polyethylene and catalyst manufacturing plant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0002546000, which authorizes the discharge of process wastewater, cooling tower blowdown, boiler blowdown, and storm water at a daily average flow not to exceed 1,950,000 gallons per day via Outfall 001. The draft permit authorizes the discharge of process wastewater, cooling tower blowdown, boiler blowdown, water treatment wastes and storm water at a daily average flow not to exceed 1,950,000 gallons per day via Outfall 001. The facility is located immediately west of the Union Pacific Railroad line (about 1 mile west of Highway 146) and immediately east of Hatcherville Road and approximately 2 miles northwest of the City of Mont Belvieu, Chambers and Liberty County, Texas.

HYAS CORPORATION has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit WQ0014571001 to authorize the decrease of Interim I Phase of the existing permit from a daily average flow not to exceed 240,000 gallons per day to 75,000 gallons per day, and a decrease of the Interim II Phase from a daily average flow not to exceed 480,000 gallons per day to 150,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 980,000 gallons per day in the Final Phase. The facility will be located approximately 550 feet south of Interstate Highway 10 and 2200 feet east of Igloo Road in Waller County, Texas.

MONTGOMERY COUNTY UTILITY DISTRICT NO. 3 has applied for a major amendment to TPDES Permit No. WQ0011203001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 950,000 gallons per day to an annual average flow not to exceed 1,500,000 gallons per day. The proposed amendment also requests to add an outfall to a more open area of Lake Conroe. The existing outfall will be retained for a limited period of time. The facility is located south of State Highway 105, approximately 8.5 miles west of the intersection of State Highway 105 and Interstate Highway 45 in Montgomery County, Texas.

TRS ENVIROGANICS INC. has applied for a renewal of Permit No. WQ0004462000, which authorizes the land application of sewage sludge and water treatment plant sludge for beneficial use. The current permit authorizes land application of sewage sludge and water treatment plant sludge for beneficial use on 1,350 acres. The land application site is located northwest of the City of Hempstead, on Highway 290, immediately northeast of where Highway 290 crosses the Brazos River in Waller County, Texas.

WEST CYPRESS HILLS WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a new permit, Proposed Permit No. WQ0014857001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 310,000 gallons per day via public access subsurface drip irrigation system with a minimum area of 72.08 acres. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located approximately two miles southwest of the intersection of State Highway 71 and Cypress Ranch Boulevard in Travis County, Texas.

WHITE OAK UTILITIES INC. has applied for a renewal of TPDES Permit No. WQ0014133001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located at 21744 Farm-to-Market Road 1488, approximately 450 feet north of Farm-to-Market Road 1488 and approximately 1,100 feet east of the Montgomery/Waller County line in Montgomery 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-200803437

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 2, 2008

Texas Health and Human Services Commission

Notice of Hearing on Proposed Provider Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public rate hearing to receive public comment on proposed Medicaid payment rates for 24 procedure codes resulting from the 2007 Healthcare Common Procedure Coding System (HCPCS) annual update for services provided by Ambulatory Surgical Centers (ASC) and Hospital Ambulatory Surgical Centers (HASC). HHSC is responsible for the reimbursement determination functions for the Texas Medicaid Program. The rate hearing will be held on Tuesday, July 29, 2008, at 2:00 p.m. in the Lone Star Conference Room of the Braker Center, Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Entry is through Security at the entrance of 11209 Metric Boulevard. The hearing will be held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.201(e) - (f) and Chapter 32 of the Human Resources Code, §32.0282, which require public hearings on proposed payment rates for medical assistance programs.

Proposal. The 24 procedure codes were added as new benefits under the Texas Medicaid Program. The proposed rates are for type of service F procedure codes, and affect payments made to ASCs and HASCs. The proposed payment rates will be effective January 1, 2007.

Methodology and justification. The proposed rate was determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.8121, which addresses the reimbursement methodology for ASCs and HASCs.

Written Comments.

Written comments regarding the proposed reimbursement rate may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Amber Lovett, HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200 or by email to amber.lovett@hhsc.state.tx.us. Express mail can be sent, or written comments can be hand delivered, to Ms. Lovett, HHSC Rate Analysis, MC H-400, Braker Center Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Lovett at (512) 491-1998.

Briefing Package.

Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rate by contacting Ms. Lovett at (512) 491-1371, or by email to amber.lovett@hhsc.state.tx.us, or HHSC Rate Analysis, MC H-400 P.O. Box 85200, Austin, Texas 78708-5200. Briefing packages also will be available at the hearing.

People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1174 at least 72 hours before the hearing, so appropriate arrangements can be made.

TRD-200803407

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 1, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 29, 2008, at 2:00 p.m. to receive public comment on the proposed Medicaid payment rate for the following specific procedure codes for physician-administered drugs and biologicals. 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 reimbursement.

Proposal. Proposed Medicaid Provider Payment Rates for Physician-Administered Drug Procedure Codes Associated with the Immunizations Medical Policy - 27 codes for Type of Service 1 (Medical Services) and 28 codes for Type of Service S (Texas Health Steps (THSteps)) program are proposed to be effective August 1, 2008.

Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the Reimbursement Rates for Physicians and Certain Other Practitioners; and the specific fee guidelines published in Section 2.2.1.2 of the 2008 Texas Medicaid Provider Procedures Manual. Rule §355.8085 requires HHSC to review the fees for individual services at least every two years.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after July 14, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1438; 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 rate may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1438 by July 23, 2008, so appropriate arrangements can be made.

TRD-200803450

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 2, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 29, 2008 at 2:00 p.m. to receive public comment on the proposed Medicaid payment rates for Eye Examinations Delivered by Optometrists. 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 Title 1 of the Texas Administrative Code (TAC), §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The proposed rates for eye examinations delivered by optometrists are calculated in accordance with 1 TAC §355.8085 and are proposed to be retroactively effective September 1, 2007.

Methodology and justification. The proposed payment rates for eye examinations delivered by optometrists are calculated in accordance with 1 TAC §355.8085.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after July 14, 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 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.

People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1174 by June 10, 2008, so appropriate arrangements can be made.

TRD-200803451

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 2, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 29, 2008, at 2:00 p.m. to receive public comment on the proposed Medicaid payment rates for 41 procedure codes added as benefits of the Texas Medicaid Program as a result of the 2008 Healthcare Common Procedure Coding System (HCPCS) annual update. 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 Boulevard, 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 Title 1 of the Texas Administrative Code (TAC), §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The 41 procedure codes were added as new benefits under the Texas Medicaid Program. The proposed payment rates for the new procedure codes include 2 durable medical equipment, 6 surgical, and 33 ambulatory surgical procedure codes associated with the 2008 HCPCS annual update. The rates are proposed to be effective retroactively to January 1, 2008.

Methodology and justification. The proposed rates for DME are calculated in accordance with 1 TAC §355.8021 and 1 TAC §355.8441; for surgical services, in accordance with 1 TAC §355.8085; and for ASC services, in accordance with 1 TAC §355.8121.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after July 14, 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.

People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1174 by July 24, 2008, so appropriate arrangements can be made.

TRD-200803452

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 2, 2008

Request for Proposals

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of its Request for Proposals (RFP #529-08-0187) for "Consulting Services to Provide Three Independent Studies." HHSC seeks to conduct court-ordered assessments of various Medicaid activities through the procurement of consulting services in accordance with the specifications contained in this RFP.

In compliance with Frew, et al. v. Hawkins, et al., Civil Action No. 3:93CV65, Consent Decree, dated February, 1996, and Corrective Action Orders (CAOs), dated September 5, 2007, the HHSC seeks to procure court-ordered studies of various Medicaid activities.

The three (3) studies to be completed under this procurement are:

Study 1: Assessment of Case Management for Children and Pregnant Women (CPW) for Class Members;

Study 2: Study of the reasons that Class Members miss checkups and the effectiveness of various methods for outreach and informing (OI); and

Study 3: Study of Class Members who are enrolled in Texas Medicaid Managed Care but receive no health care services covered by managed care or receive only emergency room or inpatient hospital care (No Care).

The RFP is located in full on HHSC's Business Opportunities Page link at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html. HHSC also will post notice of the procurement on the Texas Marketplace on July 16, 2008.

The successful contractor(s) will be expected to complete the three (3) court-ordered studies in accordance with the directives of the Frew court for independent, unbiased, statistically valid, and timely assessments identified in the CAOs and to provide evidence based recommendations to HHSC for Medicaid improvements, corrective action, strategic action, rewards and/or sanctions based on the findings of the studies.

Health and Human Services Commission's Sole Point-of-Contact for Procurement is:

Elizabeth Ward

Texas Health and Human Services Commission

Enterprise Contract and Procurement Services

4405 North Lamar Boulevard

Austin, Texas 78756-3422

telephone: (512) 206-5416

e-mail: elizabeth.ward@hhsc.state.tx.us

All questions regarding the RFP must be sent in writing to the above-referenced contact by 5:00 p.m. Central Time on July 31, 2008. HHSC will post all written questions received with HHSC's responses on its website on August 15, 2008, or as they become available. All proposals must be received at the above-referenced address on or before 3:00 p.m. Central Time on September 3, 2008. Proposals received after this time and date will not be considered.

HHSC will hold a Vendor Conference on July 28, 2008 at 1:00 p.m. in the Lone Star Conference Room at 11209 Metric Boulevard, Building H, Austin, Texas 78758.

All proposals will be subject to evaluation based on the criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.

TRD-200803402

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 30, 2008

Request for Proposals

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of its Request for Proposals (RFP #529-08-0170) for Consulting Services to Provide a Medical Check Up Completeness Study per Civil Action No. 3:93CV65 (Frew et al., v. Hawkins, et al.). HHSC seeks to contract with one vendor to fulfill the requirements pursuant to this RFP.

In compliance with Frew, et al., v. Hawkins,et al., Civil Action No 3:93CV65, Consent Decree, dated February, 1996, and Corrective Action Orders (CAO), dated September 5, 2007, the HHSC seeks to procure a court-ordered study of Medical Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Medical Check Up Completeness.

The RFP is located in full on HHSC's Business Opportunities Page under Contracting Opportunities link at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.asp. HHSC also will post notice of the procurement on the Texas Marketplace on July 30, 2008.

The successful contractor(s) will be expected to complete one (1) court-ordered study in accordance with the directives of the Frew, et al., v. Hawkins, et al., Civil Action No 3:93CV65, Consent Decree, dated February, 1996, and the Check Ups Corrective Action Order. HHSC is requesting procurement of vendor services to complete an independent, unbiased, statistically valid, and timely study of medical EPSDT medical check up completeness.

Health and Human Services Commission's Sole Point-of-Contact for Procurement:

Elizabeth Ward

Texas Health and Human Services Commission

Enterprise Contract and Procurement Services

4405 North Lamar Boulevard

Austin, Texas 78756-3422

telephone: (512) 206-5416

e-mail: eliziabeth.ward@hhsc.state.tx.us

All questions regarding the RFP must be sent in writing to the above-referenced contact by 2:00 p.m. Central Time on August 6, 2008. HHSC will post all written questions received with HHSC's responses on its website on August 18, 2008, or as they become available. All proposals must be received at the above-referenced address on or before 2:00 p.m. Central Time on August 29, 2008. Proposals received after this time and date will not be considered.

HHSC will hold a Vendor Conference on August 5, 2008 from 9:30 a.m. to 12:00 p.m. Central Time at Lone Star Conference Room, 11209 Metric Boulevard, Building H, Austin, Texas 78758.

TRD-200803419

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 1, 2008

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200803376

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: June 27, 2008

Texas Department of Housing and Community Affairs

HOME Investment Partnerships Program Community Housing Development Organization (CHDO) Single Family and Rental Housing Development Program Notice of Funding Availability (NOFA)

1) Summary

The Texas Department of Housing and Community Affairs ("the Department") announces the availability of approximately $5,966,488 in funding from the HOME Investment Partnerships Program for Community Housing Development Organizations (CHDO) to develop affordable rental housing for low-income Texans. The availability and use of these funds is subject to the Department's HOME Program Rule at Title 10 Texas Administrative Code (10 TAC) Chapter 53 in effect at the time the application is submitted, the Federal HOME regulations governing the HOME program (24 CFR Part 92), and Chapter 2306, Texas Government Code. Other federal regulations may also apply such as, but not limited to, 24 CFR parts 50 and 58 for environmental requirements, Davis-Bacon Act for labor standards, 24 CFR §85.36 and §84.42 for conflict of interest and 24 CFR part 5, subpart A for fair housing. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules that govern the program.

2) Allocation of HOME Funds

a) These funds are made available through the Department's allocation of HOME funds from the U.S. Department of Housing and Urban Development (HUD). The funds are set-aside for eligible CHDO and rental housing development proposals which involve new construction, rehabilitation, acquisition and rehabilitation of affordable housing development activities. All funds released under this NOFA are to be used for the creation of affordable single family and rental housing for low-income Texans earning 80% or less of the Area Median Family Income (AMFI).

b) In accordance with 10 TAC §53.48, this NOFA will be conducted as an open application cycle and funding will be available on a first-come, first-served basis. Applications will be accepted and subject to the Regional Allocation Formula until 5:00 p.m. August 25, 2008. Any funds not requested in an application received by 5:00 p.m. August 25, 2008, will collapse into an open application cycle with funding available statewide and not subject to the RAF. Applicants are encouraged to review the application process cited above and described herein. Applications that do not meet minimum threshold and financial feasibility will not be considered for funding. Based on the availability of funds, applications for the statewide open application cycle will be accepted until 5:00 p.m. April 30, 2009.

c) The Department awards HOME funds, typically as a loan, to eligible recipients for the provision of housing for low, very low and extremely low-income individuals and families, pursuant to 10 TAC §53.41. Award amounts are limited to no more than $4,000,000 per development. The minimum HOME award may not be less than $1,000 per HOME assisted unit. The maximum award may not exceed 90% of the Total Development Costs ("TDC") unless a resolution of support and commitment for a financial contribution to the development is made by the local unit of government in which the proposed development resides or the proposed development is located in an area where the HUD Fair Market Rents are less than the Calculated HOME Rents (The Calculated HOME Rents in this section refers to the calculated rent for a household earning 65% of the area median income for High HOME or 50% of the area median income for Low HOME before considering the HUD determined Fair Market Rent. The final High and Low HOME Rents for underwriting, operations and compliance is always limited to the lesser of this calculated rent and the HUD determined Fair Market Rent) but will be limited follows:

Figure

The remaining percentage of total development cost must be in the form of permanent loans with a maturity of at least 20 years, in-kind contributions or grants from third-party private or public entities. Developments with USDA or other government-sponsored loans that will remain as permanent financing may be used to satisfy this requirement from a public or private entity. Loans or grants from the Department will not satisfy this requirement. The per-unit subsidy may not exceed the per-unit dollar limits established by the United States Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act, which are applicable to the area in which the development is located, and as published by HUD. For rental housing developments, the Department's underwriting guidelines in 10 TAC §1.32 will be used which set as a minimum feasibility a 1.15 debt coverage ratio. Where the anticipated debt coverage ratio in the year after completion exceeds 1.35 before considering the proposed HOME funds, a repayable loan, in whole or part will be recommended.

d) The RAF table listed below specifies the allocation of funds based on the 13 Uniform State Service Regions and the rural and urban distribution for each region.

RAF Table (.pdf)

e) Each CHDO that is awarded HOME funds may also be eligible to receive a grant for CHDO Operating Expenses. Applicants will be required to submit organizational operating budgets, audits and other financial and non-financial materials detailed in the HOME application. The award amount for CHDO Operating Expenses shall not exceed $50,000, with the exception that CHDO's who have never received a HOME award from the Department may receive Operating Expenses in accordance with 10 TAC §53.47(a)(7). Awards for operating expenses will be drawn over a two-year period of time. The Department reserves the right to limit an Applicant to receive not more than one award of CHDO Operating Expenses during the same fiscal year and to further limit the award of CHDO Operating Expenses.

f) Developments involving rehabilitation must establish that the rehabilitation will substantially improve the condition of the housing and will involve at least $12,000 per unit in direct hard costs, unless the property is also being financed by the United States Department of Agriculture's Rural Development program. When HOME funds are used for a rehabilitation development the entire unit must be brought up to the applicable property standards, pursuant to 24 CFR §92.251(a)(1).

3) Eligible and Prohibited Activities

a) Eligible activities will include those permissible under the federal HOME Rule at 24 CFR §92.205, the State HOME Rules at 10 TAC §53.34 and §53.50, which involve only the acquisition, rehabilitation or construction of affordable developments.

b) Prohibited activities include those under federal HOME rules at 24 CFR §92.214 and 10 TAC §53.37.

c) Development funds will not be eligible for use in a Participating Jurisdiction (PJ). Any HOME funds available for serving households in a PJ will only be made available under a separate NOFA for Persons with Disabilities as described in the 2008 State of Texas Consolidated Plan One-Year Action Plan.

d) Refinancing of federally financed properties or use of HOME funds for properties constructed within five years of the submission of an Application for assistance will not be permissible.

4) Eligible and Ineligible Applicants

a) The Department provides HOME CHDO funding to qualified nonprofit organizations eligible for CHDO certification. CHDO Certification will be awarded in accordance with the rules and procedures as set forth in the HOME rules at 10 TAC §53.50, Community Housing Development Organization (CHDO) Certification. A separate application process is required for CHDO Certification. Review and approval of the CHDO Certification occurs during the threshold review process, however Applicants will not receive a formal certification until the award of the HOME funds has been approved by the Department's Board. The CHDO Application package will be available with all other application materials on the Department's website. A new Application for CHDO certification must be submitted to the Department with each new Application for HOME Development funds under the CHDO set aside.

b) CHDO Applicants must be the Sponsor, Owner or Developer of the proposed Development. Applicants who apply through a Limited Partnership will be required to provide evidence, at the time of CHDO certification and commitment, that the CHDO Applicant is the Managing General Partner of the partnership and has effective control (decision making authority) over the development and management of the property, pursuant to 24 CFR §92.300.

c) Applicants may be ineligible for funding if they meet any of the criteria listed in §53.42 of the Department's HOME rule, and ineligibility with any requirements under 10 TAC §50.5 excluding subsections (5) - (8). Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.

5) Matching Funds

a) Applicants will be required to submit documentation on all financial resources to be used in the development that may be considered match to the Department's federal HOME requirements. Applicants must provide firm commitments as defined in accordance with the Federal HOME rules at 24 CFR §92.218 and the Department's Match Guide and will be provided with the appropriate forms and instructions on how to report eligible match.

6) Rental Housing Development Affordability Requirements

a) Applicants should be aware that there are minimum affordability standards necessary for HOME assisted rental developments. Initial occupancy income restrictions require that at least 90% of the units are affordable to persons below 60% AMFI and that 20% of the units are affordable to person below 50% AMFI. Over the remaining affordability period at least 20% of HOME assisted units should be affordable to persons earning 50% or less than the AMFI, all remaining units must be affordable to persons earning 80% or less than the AMFI.

b) Each development will have a two-tier affordability term.

i) The first tier will entail the federally required affordability term. For new construction or acquisition of new housing, this term is 20 years. For rehabilitation or acquisition of existing housing, the term is 5 years if the HOME investment is less than $15,000 per unit; 10 years if the HOME investment is $15,000 to $40,000 per unit; and 15 years if the HOME investment is greater than $40,000 per unit. This first tier is subject to all federal laws and regulations regarding HOME requirements, recapture, net proceeds and affordability.

ii) The second tier of affordability is the additional number of years required to bring the total term of affordability up to 30 years or the term of the loan agreement. For example, the second tier of affordability on a 10-year federal affordability term is 20 additional years. The second tier, or remaining term, is subject only to state regulations and affordability requirements.

c) Properties will be restricted under a Land Use Restriction Agreement ("LURA"), or other such instrument as determined by the Department for these terms. Among other restrictions, the LURA may require the owner of the property to continue to accept subsidies which may be offered by the federal government, prohibit the owner from exercising an option to prepay a federally insured loan, impose tenant income-based occupancy and rental restrictions, or impose any of these and other restrictions as deemed necessary at the sole discretion of the Department in order to preserve the property as affordable housing on a case-by-case basis.

7) Site and Development Restrictions

a) Pursuant to 24 CFR §92.251, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for new construction or rehabilitation, HOME-assisted new construction or rehabilitation must meet, as applicable, one of three model codes: Uniform Building Code (ICBO), National Building Code (BOCA), Standard (Southern) Building Code (SBCCI); or the Council of American Building Officials (CABO) one or two family code; or the Minimum Property Standards (MPS) in 24 CFR §200.925 or §200.926. To avoid duplicative inspections when Federal Housing Administration (FHA) financing is involved in a HOME-assisted property, a participating jurisdiction may rely on a Minimum Property Standards (MPS) inspection performed by a qualified person. Newly constructed housing must meet the current edition of the Model Energy Code published by the Council of American Building Officials.

b) All other HOME-assisted housing (e.g., acquisition) must meet all applicable State and local housing quality standards and code requirements and if there are no such standards or code requirements, the housing must meet the housing quality standards in 24 CFR §982.401. When HOME funds are used for a rehabilitation development the entire unit must be brought up to the applicable property standards, pursuant to 24 CFR §92.251(a)(1).

c) Housing must meet the accessibility requirements at 24 CFR part 8, which implements §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and covered multifamily dwellings, as defined at 24 CFR §100.201, must also meet the design and construction requirements at 24 CFR §100.205, which implement the Fair Housing Act (42 U.S.C. §§3601 - 3619). Additionally, pursuant to the 2007 Qualified Allocation Plan (QAP), §§49.9(h)(4)(G), Developments involving New Construction (excluding New Construction of nonresidential buildings) where some Units are two-stories and are normally exempt from Fair Housing accessibility requirements, a minimum of 20% of each Unit type (i.e. one bedroom, two bedroom, three bedroom) must provide an accessible entry level and all common-use facilities in compliance with the Fair Housing Guidelines, and include a minimum of one bedroom and one bathroom or powder room at the entry level. A certification will be required after the Development is completed from an inspector, architect, or accessibility specialist. Any Developments designed as single family structures must also satisfy the requirements of §2306.514, Texas Government Code.

d) All of the current Qualified Allocation Plan and Rules 10 TAC §50.6, excluding subsections (d), (f), (g) and (h) apply.

e) Developments involving new construction will be limited to 252 Units. These maximum Unit limitations also apply to those Developments which involve a combination of rehabilitation and new construction. Developments that consist solely of acquisition/rehabilitation or rehabilitation only may exceed the maximum Unit restrictions. The minimum number of units shall be 4 units, pursuant to 10 TAC §53.45(b).

8) Threshold Criteria

a) Housing units subsidized by HOME funds must be affordable to low, very-low or extremely low-income persons. Mixed Income rental developments may only receive funds for units that meet the HOME program affordability standards. All applications intended to serve persons with disabilities must adhere to the Department's Integrated Housing Rule at 10 TAC §1.15.

b) For funds being used for Rental Housing Developments, the Recipient must establish a reserve account consistent with §2306.186, Texas Government Code, and as further described in 10 TAC §1.37, pursuant to 10 TAC 53.45(c).

c) All applications will be required to meet Section 8 Housing Quality Standards detailed under 24 CFR §982.401, Texas Minimum Construction Standards, as well as the Fair Housing Accessibility Standards and §504 of the Rehabilitation Act of 1973. Developments must also meet all local building codes or standards that may apply. If the development is located within a jurisdiction that does not have building codes, developments must meet the most current International Building Code.

d) Pursuant to 10 TAC §53.8(a), Applicants for Rental Development activities will be required to provide written notification to each of the following persons or entities 14 days prior to the submission of any application package. Failure to provide written notifications 14 days prior to the submission of an application package at a minimum will cause an application to be terminated under competitive application cycles. Applicants must provide notifications to:

i) the executive officer and elected members of the governing board of the community where the development will be located. This includes municipal governing boards, city councils, and County governing boards;

ii) all neighborhood organizations whose defined boundaries include the location of the Development;

iii) executive officer and Board President of the school district that covers the location of the Development;

iv) residents of occupied housing units that may be rehabilitated, reconstructed or demolished; and

v) the State Representative and State Senator whose district covers the location of the Development.

vi) the notification letter must include, but not be limited to, the address of the development site, the number of units to be built or rehabilitated, the proposed rent and income levels to be served, and all other details required of the NOFA and Application Manual.

e) The following Threshold Criteria listed in this subsection are mandatory requirements at the time of Application submission unless specifically indicated otherwise:

i) An applicant shall provide certification that no person or entity that would benefit from the award of HOME funds has provided a source of match or has satisfied the Applicant's cash reserve obligation or made promises in connection therewith, pursuant to 10 TAC §53.44(6).

ii) All contractors, consulting firms, and Administrators must sign and submit an affidavit with each draw to attest that each request for payment of HOME funds is for the actual cost of providing a service and that the service does not violate any conflict of interest provisions, pursuant to §53.44(7).

iii) To encourage the inclusion of families and individuals with the highest need for affordable housing, applicants for rental housing development must target a minimum of 5% of the total units for individuals or families earning 30% or less of area median family income for the development site. Additionally, 20% of the total units proposed must be HOME units. Developments with existing and continuing USDA 515 program loans and rental assistance or project-based Section 8 are exempt from this minimum target requirement.

iv) To encourage the involvement of other public agencies and private entities in affordable housing, applicants must provide a minimum percentage of the total development costs in loans, in-kind contributions, or grants from third-party public or private entities as identified in §2(c) of this NOFA.

v) All of the Qualified Allocation Plan and Rules in effect at the time of application submission at 10 TAC §49.9(h), excluding subsections (4)(I), (11), (12) and (15).

vi) An applicant is not eligible to apply for funds or any other assistance from the Department unless audits are current at the time of application or the 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).

9) Review Process

a) Pursuant to 10 TAC §53.48, each application will be handled on a first-come, first-served basis as further described in this section. Each application will be assigned a "received date" based on the date and time it is physically received by the Department. Then each application will be reviewed on its own merits in three review phases, as applicable. Applications will continue to be prioritized for funding based on their "received date" unless they do not proceed into the next phase(s) of review. Applications proceeding in a timely fashion through a phase will take priority over applications that may have an earlier "received date" but that did not timely complete a phase of review. Applications will be reviewed for Applicant and Activity Eligibility, Threshold Criteria, and Financial Feasibility as described in this NOFA.

Phase One will begin as of the Received Date and will include a review of eligibility and threshold criteria and all Application requirements. The Department will ensure review of materials required under the NOFA and ASPM and will issue a notice of any Administrative Deficiencies for threshold criteria and eligibility within 45 days of the Received Date. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into Phase Two, if applicable, and will continue to be prioritized by their Received Date. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds.

Phase Two will include a comprehensive review for financial feasibility for RHD and Single Family Development Program Activities. Financial feasibility reviews will be conducted by the Real Estate Analysis (REA) Division consistent with 10 TAC §1.32. REA will create an underwriting report identifying staff's recommended Loan terms, the Loan or Grant amount and any conditions to be placed on the Development. The Department will issue a notice of any Administrative Deficiencies within 45 days of the date the Application enters Phase Two. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into Phase Three, if applicable, and will continue to be prioritized by their Received Date. Applications with Administrative Deficiencies not satisfied within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase and do not require additional review in Phase Three will be considered for placement on the next available Board meeting agenda.

Phase Three will only entail the review of the CHDO Certification Application. The Department will ensure review of these materials and issue notice of any Administrative Deficiencies on the CHDO Certification Application within 30 days of the Application enters Phase Three. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into the final review phase of the Application process and will continue to be prioritized by their Received Date. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds. Only upon satisfaction of all Administrative Deficiencies will the Application be forwarded to the final phase of the Application process. Upon completion of the applicable final review phase, the Application will be considered for placement on the next available Board meeting agenda.

Because Applications are processed in the order they are received by the Department, it is possible that the Department will expend all available HOME funds before an Application has completed all phases of its review. In the case that all HOME funds are committed before an Application has completed all phases of the review process, the Department will notify the applicant that their application will remain active for ninety (90) days in its current phase. If new HOME funds become available, Applications will continue onward with their review without losing their Received Date priority. If HOME funds do not become available within ninety (90) days of the notification, the Applicant will be notified that their Application is no longer under consideration. The Applicant must reapply to be considered for future funding. 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.

b) Pursuant to the HOME Rule §53.42 if a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department, will be terminated with notice and rights to appeal but without being processed as an Administrative Deficiency.

c) A site visit will be conducted as part of the HOME Program development feasibility review. Applicants must receive recommendation for approval from the Department to be considered for HOME funding by the Board.

d) The Department may decline to consider any Application if the proposed activities do not, in the Department's sole determination, represent a prudent use of the Department's funds. The Department is not obligated to proceed with any action pertaining to any Applications which are received, and may decide it is in the Department's best interest to refrain from pursuing any selection process. The Department strives, through its loan terms, to securitize its funding while ensuring the financial feasibility of a Development. The Department reserves the right to negotiate individual elements of any Application.

e) In accordance with §2306.082 Texas Government Code and 10 TAC §53.6, it is the Department's policy to encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator. For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC §1.17.

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

10) Application Submission

a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on April 30, 2009. The Department will accept applications from 8 a.m. to 5 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. For questions regarding this NOFA please contact Barbara Skinner at (512) 475-1643 or via e-mail at barbara.skinner@tdhca.state.tx.us.

b) If an Application is submitted to the Department that requests funds from two separate housing finance programs, the Application will be handled in accordance with the guidelines for each housing program. The Applicant is responsible for adhering to the deadlines and requirements of both programs.

c) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.

d) Applicants must submit one complete printed copy of all Application materials and one complete scanned copy of the Application materials as detailed in the 2008 Final ASPM. All scanned copies must be scanned in accordance with the guidance provided in the 2008 Final ASPM.

e) The application consists of three parts: bound items, unbound items and electronic submission. A complete application for each proposed development must be submitted. Incomplete applications or improperly bound applications will not be accepted. The bound volumes of the application must be bound using red pressboard binders. Each volume must be submitted in a separate red pressboard binder. If the required documentation for a volume exceeds the capacity of one binder, a second binder may be used to subdivide the volume. Applicants must submit one complete printed copy of all application materials and one complete electronic or scanned copy stored on compact disc of the application materials as detailed in the 2008 Final ASPM.

f) Third party reports - If all applicable third party reports are not received at the time of application submission, the Application will be terminated.

g) All Application materials including manuals, NOFA, program guidelines, and all applicable HOME rules, will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the HOME Rule and threshold requirements in effect at the time of the Application submission. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.

h) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $500.00 per Application. Payment must be in the form of 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 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 and a description of their supportive services in lieu of the Application fee. The Application fee is not a reimbursable cost under the HOME Program.

i) Applications must be sent via overnight delivery to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

221 East 11th Street

Austin, TX 78701-2410

or via the U.S. Postal Service to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

Post Office Box 13941

Austin, TX 78711-3941

NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular HOME CHDO Rental Housing Development Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.

TRD-200803447

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 2, 2008

HOME Investment Partnerships Program Rental Housing Development Program for Persons with Disabilities Notice of Funding Availability (NOFA)

1) Summary

The Texas Department of Housing and Community Affairs ("the Department") announces the availability of approximately $1,675,307 in funding from the HOME Investment Partnerships Program for the development of affordable rental housing Persons with Disabilities. The availability and use of these funds is subject to the State HOME Rules at Title 10 Texas Administrative Code (10 TAC) Chapter 53 ('HOME Rules") in effect at the time application is submitted, the Federal HOME regulations governing the HOME program (24 CFR Part 92), and Chapter 2306, Texas Government Code. Other Federal regulations may also apply such as, but not limited to, 24 CFR Parts 50 and 58 for environmental requirements, Davis-Bacon Act for labor standards, 24 CFR §84.42 and §85.36 for conflict of interest and 24 CFR Part 5, Subpart A for fair housing and accessible design/construction requirements. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules that govern the program and accessibility design guidelines.

2) Allocation of HOME Funds

a) These funds are made available through a combination of $1,175,307 in deobligated and uncommitted funds from previous funding year and $500,000 from the Department's 2008 allocation of HOME funds from the U.S. Department of Housing and Urban Development (HUD). Of the deobligated and uncommitted funds, $745,648 is available statewide and $429,659 is limited for use in a non-Participating Jurisdiction (non-PJ). These HOME funds have been set-aside for rental housing development proposals which involve new construction, rehabilitation, acquisition and rehabilitation of affordable rental housing development activities to assist Persons with Disabilities. All funds released under this NOFA are to be used for the creation of affordable adapted and accessible rental housing for Persons with Disabilities earning 60% percent or less of the Area Median Family Income (AMFI).

b) Approximately $1,245,648 will be available statewide for HOME units that serve persons with disabilities. The remaining $429,659 in funds is restricted for non-PJ use in rural areas for units that are serving persons with disabilities.

c) In accordance with 10 TAC §53.48, 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 until 5:00 p.m. October 3, 2008 unless all funds are committed prior to this date. Applicants are encouraged to review the application process cited above and described herein. Applications that do not meet minimum threshold and financial feasibility will not be considered for funding.

d) The Department awards HOME funds, typically as a loan, to eligible recipients for the provision of housing for low, very low and extremely low-income individuals and families, pursuant to 10 TAC §53.41. Award amounts are limited to no more than $500,000 per development. The minimum HOME award may not be less than $1,000 per HOME assisted unit. The maximum award may not exceed 90% of the Total Development Costs ("TDC") unless the proposed development is located in a non-Participating Jurisdiction and a resolution of support and commitment for a financial contribution to the development is made by the local unit of government in which the proposed development resides or the proposed development is located in an area where the HUD Fair Market Rents are less than the Calculated HOME Rents (The Calculated HOME Rents in this section refers to the calculated rent for a household earning 65% of the area median income for High HOME or 50% of the area median income for Low HOME before considering the HUD determined Fair Market Rent. The final High and Low HOME Rents for underwriting, operations and compliance is always limited to the lesser of this calculated rent and the HUD determined Fair Market Rent.) but will be limited as follows:

Figure: HOME Rents

The remaining percentage of total development cost must be in the form of permanent loans with a maturity of at least 20 years, in-kind contributions or grants from third party private or public entities. Developments with USDA or other government-sponsored loans that will remain as permanent financing may be used to satisfy this requirement from a public or private entity. The per-unit subsidy may not exceed the per-unit dollar limits established by the United States Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act which are applicable to the area in which the development is located, and as published by HUD. The Department's underwriting guidelines in 10 TAC §1.32 will be used which set as a minimum feasibility a 1.15 debt coverage ratio. Where the anticipated debt coverage ratio in the year after completion exceeds 1.35 before considering the proposed HOME funds, a repayable loan in whole or part will be recommended.

e) Developments involving rehabilitation must establish that the rehabilitation will substantially improve the condition of the housing and will involve at least $12,000 per unit in direct hard costs, unless the property is also being financed by the United States Department of Agriculture's Rural Development program. When HOME funds are used for a rehabilitation development the entire unit must be brought up to the applicable property standards, pursuant to 24 CFR §92.251(a)(1).

3) Eligible and Prohibited Activities

a) Eligible activities will include those permissible under the federal HOME Rule at 24 CFR §92.205, the State HOME Rules at 10 TAC §53.34, which involve only the acquisition, rehabilitation or construction of affordable rental developments.

b) Prohibited activities include those under federal HOME rules at 24 CFR §92.214 and 10 TAC §53.37.

c) Refinancing of federally financed properties or use of HOME funds for properties constructed within five years of the submission of an Application for assistance will not be permissible.

4) Eligible and Ineligible Applicants

a) The Department provides HOME funding to qualified nonprofit organizations, for-profit entities, sole proprietors, public housing authorities and units of general local government.

b) Applicants may be ineligible for funding if they meet any of the criteria listed in §53.42 of the Department's HOME rule, and ineligibility with any requirements under 10 TAC §50.5(a) excluding subsections (5) - (8). Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.

5) Matching Funds

6) Affordability Requirements

b) Each development will have a two-tier affordability term.

7) Site and Development Restrictions

a) Pursuant to 24 CFR §92.251, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for new construction or rehabilitation, HOME-assisted new construction or rehabilitation must meet, as applicable, one of three model codes: Uniform Building Code (ICBO), National Building Code (BOCA), Standard (Southern) Building Code (SBCCI); or the Council of American Building Officials (CABO) one or two family code; or the Minimum Property Standards (MPS) in 24 CFR §200.925 or §200.926(d). To avoid duplicative inspections when Federal Housing Administration (FHA) financing is involved in a HOME-assisted property, a participating jurisdiction may rely on a Minimum Property Standards (MPS) inspection performed by a qualified person. Newly constructed housing must meet the current edition of the Model Energy Code published by the Council of American Building Officials.

c) Housing must meet the accessibility requirements at 24 CFR Part 8, which implements §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and covered multifamily dwellings, as defined at 24 CFR §100.201, must also meet the design and construction requirements at 24 CFR §100.205, which implement the Fair Housing Act (42 U.S.C. §§3601 - 3619). Additionally, pursuant to the 2008 Qualified Allocation Plan (QAP), 10 TAC §50.9(h)(4)(G), Developments involving New Construction (excluding New Construction of nonresidential buildings) where some Units are two-stories and are normally exempt from Fair Housing accessibility requirements, a minimum of 20% of each Unit type (i.e. one bedroom, two bedroom, three bedroom) must provide an accessible entry level and all common-use facilities in compliance with the Fair Housing Guidelines, and include a minimum of one bedroom and one bathroom or powder room at the entry level. A certification will be required after the Development is completed from an inspector, architect, or accessibility specialist. Any Developments designed as single family structures must also satisfy the requirements of §2306.514, Texas Government Code.

d) All of the 2008 Qualified Allocation Plan and Rules 10 TAC §50.6, excluding subsections (d), (f), (g) and (h) apply.

8) Threshold Criteria

a) Housing units subsidized by HOME funds must be affordable to low, very-low or extremely low-income persons with disabilities. Mixed Income rental developments may only receive funds for units that meet the HOME program affordability standards. All applications intended to serve persons with disabilities must adhere to the Department's Integrated Housing Rule at 10 TAC §1.15.

ii) all neighborhood organizations whose defined boundaries include the location of the Development;

iii) executive officer and Board President of the school district that covers the location of the Development;

iv) residents of occupied housing units that may be rehabilitated, reconstructed or demolished; and

v) the State Representative and State Senator whose district covers the location of the Development.

e) The following Threshold Criteria listed in this subsection are mandatory requirements at the time of Application submission unless specifically indicated otherwise:

iii) To encourage the inclusion of families and individuals with the highest need for affordable housing, applicants must target a minimum of 5% of the units serving persons with disabilities for individuals or families earning 30% or less of area median income. In addition, the applicant must target a minimum of 5% of the units serving persons with disabilities for individuals or families earning 50% or less of area median income. Developments with existing and continuing USDA §515 program loans and rental assistance or project-based Section 8 are exempt from this minimum target requirement.

iv) To encourage the involvement of other public agencies and private entities in affordable housing, applicants must provide a minimum percentage of the total development cost in loans, in-kind contributions, or grants from third party public or private entities.

v) All of the 2008 Qualified Allocation Plan and Rules at 10 TAC §50.9(h), excluding subsections (4)(I), (11), (12) and (15).

9) Review Process

b) Pursuant to the QAP and 10 TAC §53.42 if a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department. If an application is determined ineligible pursuant to this section, the Application will be terminated with notice and rights to appeal but without being processed as an Administrative Deficiency.

c) A site visit may be conducted as part of the HOME Program development feasibility review. Applicants must receive recommendation for approval from the Department to be considered for HOME funding by the Board.

e) In accordance with §2306.082 Texas Government Code and 10 TAC §53.6, it is the Department's policy to encourage the use of appropriate Alternative Dispute Resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator. For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC §1.17.

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

10) Application Submission

a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on October 3, 2008. The Department will accept applications from 8 a.m. to 5 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. For questions regarding this NOFA please contact Barbara Skinner at (512) 475-1643 or via e-mail at barbara.skinner@tdhca.state.tx.us or Lora Lange at (512) 475-3033 or via e-mail at lora.lange@tdhca.state.tx.us.

b) If an Application is submitted to the Department for a Development that requests funds from two separate housing finance programs, and only one of the housing finance programs is operated as a competitive cycle, the Application will be handled in accordance with the guidelines for each housing program. The Applicant is responsible for adhering to the deadlines and requirements of both programs.

c) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.

d) Applicants must submit one complete printed copy of all Application materials and one complete scanned copy of the Application materials as detailed in the 2008 ASPM. All scanned copies must be scanned in accordance with the guidance provided in the 2008 ASPM.

e) The application consists of three parts: bound items, unbound items and electronic submission. A complete application for each proposed development must be submitted. Incomplete applications or improperly bound applications will not be accepted. The bound volumes of the application must be bound using red pressboard binders. Each volume must be submitted in a separate red pressboard binder. If the required documentation for a volume exceeds the capacity of one binder, a second binder may be used to subdivide the volume. Applicants must submit one complete printed copy of all application materials and one complete scanned copy stored on compact disc of the application materials as detailed in the 2008 ASPM. All scanned copies must be scanned in accordance with the guidance provided in the 2008 ASPM.

f) Third party reports - If third party reports are not received at the time of application submission, the Application will be terminated.

i) Applications must be sent via overnight delivery to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

221 East 11th Street

Austin, TX 78701-2410

or via the U.S. Postal Service to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

Post Office Box 13941

Austin, TX 78711-3941

NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular HOME Rental Housing Development Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.

TRD-200803446

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 2, 2008

HOME Investment Partnerships Program Rental Housing Development Program Notice of Funding Availability (NOFA)

1) Summary

The Texas Department of Housing and Community Affairs ("the Department") announces the availability of approximately $5,000,000 in funding from the HOME Investment Partnerships Program for the development of affordable rental housing for low-income Texans. The availability and use of these funds is subject to the State HOME Rules at Title 10 Texas Administrative Code (10 TAC) Chapter 53 ("HOME Rules") in effect at the time application is submitted, the Federal HOME regulations governing the HOME program (24 CFR Part 92), and Chapter 2306, Texas Government Code. Other Federal regulations may also apply such as, but not limited to, 24 CFR Parts 50 and 58 for environmental requirements, Davis-Bacon Act for labor standards, 24 CFR §85.36 and §84.42 for conflict of interest and 24 CFR Part 5, Subpart A for fair housing. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules that govern the program.

2) Allocation of HOME Funds

a) These funds are made available through the Department's allocation of HOME funds from the U.S. Department of Housing and Urban Development (HUD). These HOME funds have been set-aside for rental housing development activities. At least $2,000,000 of these funds are set-aside for rental development proposals which involve the acquisition and rehabilitation of existing affordable housing that is at-risk of losing the benefit of a subsidy in the form of a below-market interest rate loan, interest rate reduction, rental subsidy, Section 8 housing assistance payment, rental supplement payment, rental assistance payment, or equity incentive. The remaining $3,000,000 in funds will be available to all eligible applicants for rental development activities. Applications for the Preservation Set-Aside must include evidence that any stipulation to maintain affordability in the contract granting the subsidy is at-risk of expiring, or that the federally insured mortgage on the Development is eligible for prepayment, within the next 24 months from the date of application submission. An Application for a Development that includes the demolition of the existing units which have received any of the previously listed benefits will not qualify as a Preservation Development unless the redevelopment will include the same site and is supplemented with HOPE VI funding or funding from the Local Housing Authority's capital grant fund. All funds released under this NOFA are to be used for the creation of affordable rental housing for low-income Texans earning 80% or less of the Area Median Family Income (AMFI).

c) The Department awards HOME funds, typically as a loan, to eligible recipients for the provision of housing for low, very low and extremely low-income individuals and families, pursuant to 10 TAC §53.41. Award amounts are limited to no more than $3 million per development. The minimum HOME award may not be less than $1,000 per HOME assisted unit. The maximum award may not exceed 90% of the Total Development Costs ("TDC") unless a resolution of support and commitment for a financial contribution to the development is made by the local unit of government in which the proposed development resides or the proposed development is located in an area where the HUD Fair Market Rents are less than the Calculated HOME Rents (The Calculated HOME Rents in this section refers to the calculated rent for a household earning 65% of the area median income for High HOME or 50% of the area median income for Low HOME before considering the HUD determined Fair Market Rent. The final High and Low HOME Rents for underwriting, operations and compliance is always limited to the lesser of this calculated rent and the HUD determined Fair Market Rent.) but will be limited follows:

HOME Rents

The remaining percentage of total development cost must be in the form of permanent loans with a maturity of at least 20 years, in-kind contributions or grants from third-party private or public entities. Developments with USDA or other government-sponsored loans that will remain as permanent financing may be used to satisfy this requirement from a public or private entity. Loans or grants from the Department will not satisfy this requirement. The per-unit subsidy may not exceed the per-unit dollar limits established by the United States Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act, which are applicable to the area in which the development is located, and as published by HUD. The Department's underwriting guidelines in 10 TAC §1.32 will be used which set as a minimum feasibility a 1.15 debt coverage ratio. Where the anticipated debt coverage ratio in the year after completion exceeds 1.35 before considering the proposed HOME funds, a repayable loan, in whole or part, will be recommended.

d) The RAF tables listed below specify the allocation of funds based on the 13 Uniform State Service Regions and the rural and urban county distribution for each region.

Table 1 (.pdf)

Table 2 (.pdf)

3) Eligible and Prohibited Activities

b) Prohibited activities include those under federal HOME rules at 24 CFR §92.214 and 10 TAC §53.37.

c) Rental development funds will not be eligible for use in a Participating Jurisdiction (PJ). Any HOME funds available for serving households in a PJ will only be made available under a separate NOFA for Persons with Disabilities as described in the 2008 State of Texas Consolidated Plan One-Year Action Plan.

d) Refinancing of federally financed properties or use of HOME funds for properties constructed within five years of the submission of an Application for assistance will not be permissible.

4) Eligible and Ineligible Applicants

a) The Department provides HOME funding to qualified nonprofit organizations, for-profit entities, sole proprietors, public housing authorities and units of general local government.

5) Matching Funds

6) Rental Housing Development Affordability Requirements

b) Each development will have a two-tier affordability term.

7) Site and Development Restrictions

d) All of the current Qualified Allocation Plan and Rules 10 TAC §50.6, excluding subsections (d), (f), (g) and (h) apply.

8) Threshold Criteria

ii) all neighborhood organizations whose defined boundaries include the location of the Development;

iii) executive officer and Board President of the school district that covers the location of the Development;

iv) residents of occupied housing units that may be rehabilitated, reconstructed or demolished; and

v) the State Representative and State Senator whose district covers the location of the Development.

e) The following Threshold Criteria listed in this subsection are mandatory requirements at the time of Application submission unless specifically indicated otherwise:

iii) To encourage the inclusion of families and individuals with the highest need for affordable housing, applicants must target a minimum of 5% of the total units for individuals or families earning 30% or less of area medium income for the development site. Additionally, 20% of the total units proposed must be HOME units. Developments with existing and continuing USDA 515 program loans and rental assistance or project-based Section 8 are exempt from this minimum target requirement.

v) All of the Qualified Allocation Plan and Rules in effect at the time of application submission at 10 TAC §50.9(h), excluding subsections (4) (I), (11), (12) and (15).

9) Review Process

b) Pursuant to the QAP and 10 TAC §53.42 if a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department, will be terminated with notice and rights to appeal but without being processed as an Administrative Deficiency.

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

10) Application Submission

a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on April 30, 2009. The Department will accept applications from 8 a.m. to 5 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. For questions regarding this NOFA please contact Barbara Skinner at 512-475-1643 or via e-mail at barbara.skinner@tdhca.state.tx.us.

c) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.

f) Third party reports - If all applicable third party reports are not received at the time of application submission, the Application will be terminated.

i) Applications must be sent via overnight delivery to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

221 East 11th Street

Austin, TX 78701-2410

or via the U.S. Postal Service to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

Post Office Box 13941

Austin, TX 78711-3941

TRD-200803443

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 2, 2008

Texas Department of Insurance

Company Licensing

Application to change the name of PHOENIX INDEMNITY INSURANCE COMPANY to HALLMARK INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Phoenix, Arizona.

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

TRD-200803442

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: July 2, 2008

Notice of Request for Qualifications for Special Deputy Receivers (RFQ-SDR-2008-1)

From July 11, 2008 through August 29, 2008, the Commissioner of Insurance (Commissioner) will be accepting applications for those interested in qualifying as a Special Deputy Receiver (SDR) for insurance receiverships in the State of Texas. An SDR acts on behalf of the Commissioner in his capacity as the Receiver of an insurer that is placed in receivership pursuant to Chapter 443 of the Texas Insurance Code. Individuals or legal entities may apply to be considered for appointment as an SDR. Individuals or legal entities that were qualified under RFQ-SDR-2006-1 issued in 2006 or RFQ-SDR-2007-1 issued in 2007 do not need to re-apply under this RFQ-SDR-2008-1. All approvals will terminate August 31, 2009, regardless of the date of application or approval. An SDR's duties typically include:

Securing control of the insurer's operations, property, and records

Evaluating, collecting, investing, and liquidating assets as appropriate

Evaluating the insurer's work force to ensure proper staffing during all stages of receivership

Supervising litigation filed by and against the receivership estate

Operating information systems and extracting data

Investigating the liability of any parties responsible for the insurer's condition

Identifying any preferential transfers

Providing notice to policyholders, claimants and interested parties

Handling claims, and coordinating with state insurance guaranty associations

Creating and filing financial reports

Distributing assets to approved claimants

Request for Qualifications (RFQ) applicants who are approved (Qualified Applicants) will be notified on or after September 1, 2008. After they are approved, Qualified Applicants will be eligible to submit bids on any Requests for Proposals (RFP) for an SDR that are issued through August 31, 2009. Texas Department of Insurance (TDI) reserves the right to issue other RFQs for Qualified Applicants, if needed, at any time during the term of this RFQ.

TDI is not responsible for any costs incurred in responding to this RFQ or any subsequent RFP, and reserves the right to accept or reject any or all applications. Approval as a Qualified Applicant does not confer any rights to the applicant. TDI is under no obligation to award a contract on the basis of this RFQ or an RFP. An SDR is appointed only after the issuance of an RFP and the acceptance of a bid proposal by the Receiver.

Contact Information

The RFQ and application forms will be published on the TDI website on July 11, 2008. The forms may be downloaded at that time from http://www.tdi.state.tx.us/lorc/sdrcontractadmn.html. For a paper copy, contact Lewis Wright, Financial Program SDR Process, Texas Department of Insurance, P.O. Box 149104, Mail Code 305-2A, Austin, Texas 78714, telephone (512) 322-3463, e-mail sdrcontracting@tdi.state.tx.us. Questions and Answers regarding the RFQ will appear as needed on TDI's website at the address listed above.

Evaluation Criteria

Submissions will be evaluated on the basis of the criteria set forth in the RFQ.

Closing Date

Submissions must comply with all requirements of the RFQ and must be received by the designated contact person no later than 3:00 p.m. on August 29, 2008. Submissions received after that time and date will not be considered.

TRD-200803441

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: July 2, 2008

Third Party Administrator Applications

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

Application of FIRST ADMINISTRATORS, INC., a foreign third party administrator. The home office is DES MOINES, IOWA.

Application of TRIDENT BENEFIT ADMINISTRATORS, INC., a domestic third party administrator. The home office is EL PASO, TEXAS.

Application to change the name of HEALTH NETWORK AMERICA, INC. (using the assumed name HNA/TRIVERIS, INC.) to HEALTH NETWORK AMERICA, INC. (using the assumed name TRIVERIS, a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Application to change the name of MASS GROUP MARKETING, INC. to MASS GROUP MARKETING, INC. (using the assumed name FINANCIAL BENEFIT SERVICES, LLC), a domestic third party administrator. The home office is PLANO, TEXAS.

Application to change the name of THE FRANK GATES SERVICE COMPANY to THE FRANK GATES SERVICE COMPANY (using the assumed name AVIZENT), a foreign third party administrator. The home office is DUBLIN, OHIO.

Application to change the name of REBECCA L. IBISON (using the assumed name of TRUE BENEFITS ADMINISTRATORS) to TRUE BENEFITS ADMINISTRATORS, LLC, a domestic third party administrator. The home office is FLOWER MOUND, TEXAS.

Application to change the name of INSURANCE MANAGEMENT ADMINISTRATORS OF LOUISIANA, INC. to INSURANCE MANAGEMENT ADMINISTRATORS, INC., a foreign third party administrator. The home office is SHREVEPORT, LOUISIANA.

Application to change the name of DISABILITY MANAGEMENT ALTERNATIVES, LLC to DISABILITY MANAGEMENT ALTERNATIVES, LLC (using the assumed name of HEWITT LCG), a foreign third party administrator. The home office is FARMINGTON, CONNECTICUT.

Application to change the name of HEALTHFIRST TPA, INC. to HEALTHFIRST TPA, INC. (using the assumed name of TRISURANT), a domestic third party administrator. The home office is TYLER, TEXAS.

Application to change the name and home office of MEDE AMERICA CORPORATION OF OHIO, TWINSBURG, OHIO to MEDE AMERICA OF OHIO, LLC, a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.

TRD-200803435

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: July 2, 2008

Texas Lottery Commission

Instant Game Number 1066 "Slingo®"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1066 is "SLINGO®". The play style is "coordinate with prize legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1066 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 1066.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75 and JOKER SYMBOL.

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

Figure 1: GAME NO. 1066 - 1.2D

E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.

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

G. Mid-Tier Prize - A prize of $40.00, $50.00, $100 or $500.

H. High-Tier Prize - A prize of $1,000 or $25,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1066), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1066-0000001-001.

K. Pack - A pack of "SLINGO®" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be 2 fanfold configurations for this game. Configuration A will show the front of ticket 001 and the back of ticket 125. Configuration B will show the back of ticket 001 and the front of ticket 125.

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

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SLINGO®" Instant Game No. 1066 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "SLINGO®" Instant Game is determined once the latex on the ticket is scratched off to expose 75 (seventy-five) Play Symbols. The player must scratch each horizontal SPIN line to reveal the YOUR SLINGO NUMBERS play symbols. The player must scratch the corresponding numbers in the SLINGO GRID. The player must scratch all free spots (Jokers) in the SLINGO GRID. If the player matches all 5 numbers and free spots in a complete horizontal, vertical or diagonal line in the SLINGO GRID, the player wins the corresponding prize amount shown in the SLINGO LEGEND. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 75 (seventy-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 75 (seventy-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

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

16. Each of the 75 (seventy-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 75 (seventy-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. There will be exactly four (4) JOKER symbols in the SLINGO GRID.

C. The JOKER symbols will be randomly distributed in the SLINGO GRID.

D. No more than two (2) JOKER symbols will appear in the same column or row in the SLINGO GRID.

E. The JOKER symbol will not appear in YOUR SLINGO NUMBERS.

F. The numbers appearing in YOUR SLINGO NUMBERS will be unique.

G. A minimum of fifteen (15) of YOUR SLINGO NUMBERS will appear in the SLINGO GRID.

H. At least one (1) of the YOUR SLINGO NUMBERS revealed on the grid will be located in the last YOUR SLINGO NUMBERS SPIN (SPIN 10).

I. The seventy-five (75) font numbers will be randomly distributed in YOUR SLINGO NUMBERS and YOUR SLINGO GRID with the following exceptions:

A. Font numbers 01 - 15 will only appear in Column 1

B. Font numbers 16 - 30 will only appear in Column 2

C. Font numbers 31 - 45 will only appear in Column 3

D. Font numbers 46 - 60 will only appear in Column 4

E. Font numbers 61 - 75 will only appear in Column 5

J. The numbers in the SLINGO GRID will be unique.

K. All tickets not winning in the SLINGO GRID will have a minimum of eight (8) near wins. A near win is a horizontal, vertical or diagonal line less one (1) number revealed.

L. Tickets winning with 10 lines will not form a blackout.

2.3 Procedure for Claiming Prizes.

A. To claim a "SLINGO®" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $40.00, $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "SLINGO®" Instant Game prize of $1,000 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "SLINGO®" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

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

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

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

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

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

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

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

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

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

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

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

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "SLINGO®" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 1066. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1066- 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1066 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1066, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200803418

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 1, 2008

Office of the Controller, Lotto Texas® Jackpot Estimation, Procedure

The agency has determined that information that is confidential by law, because it goes to the security of the lottery, is contained within the procedure referenced below. The confidential information has been redacted within this procedure.

Figure (.pdf)

TRD-200803392

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 30, 2008

Public Hearing

A public hearing to receive public comments regarding the proposed procedure, Lotto Texas Jackpot Estimation Procedure, OC-JE-002 will be held on Wednesday, September 10, 2008, at 10:00 a.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-200803394

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 30, 2008

North Central Texas Council of Governments

Consultant Proposal Request

This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.

NCTCOG is seeking consultant assistance to develop a "Southern Dallas County Comprehensive Planning Project". This will serve as a guide for local governments in the study area and should include proposals for the identification/location of current and proposed land uses; strategies to facilitate neighborhood stabilization/revitalization; strategies to facilitate new housing development; strategies to encourage sustainable, mixed-use, compact, and green development; comparable regulatory review structure; an inventory of the transportation infrastructure; and a model development code. The plan should also include a marketing strategy based on the technical analyses of the workscope, segmented by market type and jurisdiction based on a Commercial Market Study. The plan will provide a clear identification of potential "clients" for the area, potential development locations with site-specific needs, and recommendations regarding potential next steps to reach out to those "clients".

Due Date

Proposals must be received no later than 5 p.m., Central Daylight Time, on Friday, August 8, 2008 to Karla Weaver, Senior Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the RFP, contact Therese Bergeon at (817) 695-9267.

Contract Award Procedures

The firm or individual selected to perform these activities will be recommended by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the CSC's recommendations and, if found acceptable, will issue a contract award.

Regulations

NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.

TRD-200803439

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: July 2, 2008

Notice of Contractor Contract Award

Pursuant to the provisions of Texas Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of contractor contract award. The contractor proposal request appeared in the April 11, 2008, issue of the Texas Register (33 TexReg 3073). The selected contractor will provide transportation services for the Hurst-Euless-Bedford (HEB) Transit Project.

The Contractor selected for this project is the Chisholm Trail Chapter of the American Red Cross, 1515 S. Sylvania Avenue, Fort Worth, Texas 76111. The maximum amount of this contract is $600,000 over a four-year period.

TRD-200803395

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: June 30, 2008

Texas Parks and Wildlife Department

Public Notice and Opportunity for Comment

Land Acquisition - Randall County

On July 17, 2008, the Texas Parks and Wildlife Commission (the Commission) in a Special Called Meeting will consider, among other things, the potential acquisition of 2,898 acres adjacent to Palo Duro Canyon State Park in Randall County. The meeting will start at 10:00 a.m. at 4200 Smith School Road, Austin, Texas. Before taking action, the Commission will take public comment regarding the potential transaction. Public comment may be submitted to Corky Kuhlmann, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, by e-mail at corky.kuhlmann@tpwd.state.tx.us, or in person at the meeting.

TRD-200803426

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: July 2, 2008

Public Notice and Opportunity for Comment

Land Acquisition - Cameron County

On July 17, 2008, the Texas Parks and Wildlife Commission (the Commission) in a Special Called Meeting will consider, among other things, compensation for the potential transfer of 2.5 acres at the Anacua Unit of the Las Palomas Wildlife Management Area (WMA) to the federal government. The compensation would be in the form of a donation to the department of 25.3 acres adjoining the Arroyo Colorado Unit of the Las Palomas WMA by a third-party land trust. Both tracts are located in Cameron County. The meeting will start at 10:00 a.m. at 4200 Smith School Road, Austin, Texas. Before taking action, the Commission will take public comment regarding the proposed exchange. Public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, by e-mail at ted.hollingsworth@tpwd.state.tx.us, or in person at the meeting.

TRD-200803427

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: July 2, 2008

Public Notice and Opportunity for Comment

Land Acquisition - Presidio County

On July 17, 2008, the Texas Parks and Wildlife Commission (the Commission) in a Special Called Meeting may consider, among other things, the potential acquisition of a 6,817-acre inholding at Big Bend Ranch State Park in Presidio County. The meeting will start at 10:00 a.m. at 4200 Smith School Road, Austin, Texas. Before taking action, the Commission will take public comment regarding the proposed acquisition. Public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, by e-mail at ted.hollingsworth@tpwd.state.tx.us, or in person at the meeting.

TRD-200803449

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: July 2, 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 June 25, 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 Cebridge Acquisition, LP d/b/a Suddenlink Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35808 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the City Limits of Tye, 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 35808.

TRD-200803405

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 30, 2008

Notice of Application for Amendment to Certificated Service Area Boundary

Notice is given to the public of an application filed on June 20, 2008, with the Public Utility Commission of Texas for an amendment to a certificated service area boundary in Waller and Grimes Counties, Texas.

Docket Style and Number: Application of Central Telephone Company of Texas d/b/a Embarq to Amend a Certificate of Convenience and Necessity for a Minor Boundary Change Between the Waller Exchange of AT&T Texas and the Plantersville Exchange of Embarq. Docket Number 35800.

The Application: The minor boundary amendment will transfer a portion of Embarq's service territory in the Saddle Creek Subdivision in the Plantersville exchange to AT&T's Waller exchange. This amendment will allow AT&T to provide local exchange telephone service to the entire Saddle Creek Subdivision. AT&T has provided a letter of concurrence endorsing this proposed change.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by July 18, 2008, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All comments should reference Docket Number 35800.

TRD-200803384

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 27, 2008

Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas on June 24, 2008, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §14.101 and §37.154 (Vernon 2007 & Supplemental 2007) (PURA).

Docket Style and Number: Joint Application of Coleman County Electric Cooperative, Inc. and Golden Spread Electric Cooperative, Inc. to Transfer Certificate Rights, Docket Number 35805.

The Application: This transaction involves the approval of the sale of transmission facilities and associated certificate of convenience and necessity rights from Coleman County Electric Cooperative, Inc. (Coleman) to Golden Spread Electric Cooperative, Inc. (Golden Spread). Specifically, Coleman, one of Golden Spread's member distribution cooperatives and a full requirements wholesale power customer of Golden Spread, has agreed to sell all of its transmission facilities located in Callahan, Coleman, Concho, and Runnels Counties to Golden Spread. The Coleman facilities are valued at $551,454 and generally consist of 33 miles of transmission lines, high-side substation facilities and related SCADA equipment.

The purpose of the transaction is to lower Coleman's costs. Under its existing financing arrangements with the National Rural Electric Cooperative Financing Corporation (CFC), Coleman must establish rates that maintain a "debt service coverage" ratio of 1.35. In conjunction with this sale, Golden Spread will assume certain of Coleman's notes that are secured by its facilities. However, as a generation and transmission cooperative, Golden Spread is eligible to enter into a new mortgage with CFC that requires a DSC of 1.00. The lower DSC requirement reduces the level of the rates necessary to meet the mortgage terms.

Coleman's operations and maintenance (O&M) expenses will not change because Coleman will continue to operate and maintain the facilities and will be compensated by Golden Spread for the cost of these services. The financing costs and the O&M expenses will be passed on to Coleman through Golden Spread's wholesale rates. Therefore, while Coleman's wholesale rates will increase, its overall cost of service will decline because the effective cost of capital will be lower and its operational expenses will not change.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All correspondence should refer to Docket Number 35805.

TRD-200803383

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 27, 2008

Notice of Workshop Rulemaking Relating to Increase in Lifeline Discount Amount

The staff of the Public Utility Commission of Texas (PUC or commission) has initiated Project Number 35629, Rulemaking Relating to Increase in Lifeline Discount Amount. P.U.C. Substantive Rule §26.412, relating to Lifeline Service Program, will be amended to increase the Lifeline Discount Amount (LDA) by an amount equal to 25% of any increases to residential basic network service rates in regulated exchanges of the AT&T Texas, Verizon, Embarq, and Windstream, or their successors. The increase in the LDA is a result of the settlement agreement approved by the commission in its order filed on April 25, 2008 in Docket Number 34723, Petition for Review of Monthly Per Line Support Amounts from the Texas High Cost Universal Service Plan Pursuant to PURA §56.031 and Substantive Rule §26.403.

The commission has made available for comment the draft proposal of the amended rule, and questions at the PUC website (www.puc.state.tx.us/rules/rulemake/index.cfm) under Project Number 35629. Parties are requested to review the draft rule prior to attending the workshop.

The commission staff will hold a workshop to discuss the rule on Wednesday, July 16, 2008, at 10:00 a.m. in the Commissioners' Hearing Room, Public Utility Commission of Texas, 1701 N. Congress Avenue, Austin, Texas 78701.

Questions concerning Project Number 35629 should be referred to Stephen Mendoza, Rate Analyst, Rate Regulation Division, (512) 936-7394, or Susan Goodson, Attorney, Legal Division, (512) 936-7292. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200803385

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 27, 2008

Texas Council on Purchasing from People with Disabilities

Request for Comment Regarding the Management Fee Rate Charged by TIBH Industries Inc. (Central Nonprofit Agency)

Notice is hereby given that the Texas Council on Purchasing from People with Disabilities (Council) will review and approve the management fee rate charged by the central nonprofit agency, TIBH Industries Inc., for its services to the community rehabilitation programs for Fiscal Year 2009 as required by §122.019(e) of the Texas Human Resources Code. This review will be conducted at the Council's meeting on Friday, September 19, 2008. The Council's meeting will be held at the Henry B. Gonzales Convention Center, 200 East Market Street, San Antonio, Texas. TIBH Industries Inc. has requested that the Council set the management fee rate at 6.25% of the sales price for products, 6% of the contract price for services, and 5% for Temporary Services. The Council seeks public comment on TIBH Industries Inc. management fee rate request as required by §122.030(a) - (b) of the Texas Human Resources Code.

Comments should be submitted in writing on or before Monday, September 8, 2008 to Kelvin Moore of the Texas Council on Purchasing from People with Disabilities, 111 E. 17th Street, Austin, Texas 78711.

For all other questions or comments, contact the Council at (512) 463-3244. In addition, hearing and speech impaired individuals with text telephones (TTY) may also contact the Council at (800) 531-5441.

TRD-200803377

Ron Pigott

Deputy General Counsel, TPASS Division

Texas Council on Purchasing from People with Disabilities

Filed: June 27, 2008

Request for Comment Regarding the Services Performed by TIBH Industries Inc. (Central Nonprofit Agency)

Notice is hereby given that the Texas Council on Purchasing from People with Disabilities (Council) intends to review the services provided by the central nonprofit agency, TIBH Industries Inc., for Fiscal Year 2008 as required by §122.019(c) of the Texas Human Resources Code. This review will be considered at the next Council meeting on Friday, September 19, 2008. The Council's meeting will be held at the Henry B. Gonzales Convention Center, 200 East Market Street, San Antonio, Texas. The Council requests that interested parties submit comments regarding the services of TIBH Industries Inc. in its operation of the State Use Program, under §122.019(a) - (b) of the Texas Human Resources Code.

For all other questions or comments, contact the Council at (512) 463-3244. In addition, hearing and speech-impaired individuals with text telephones (TTY) may also contact the Council at (800) 531-5441.

TRD-200803378

Ron Pigott

Deputy General Counsel

Texas Council on Purchasing from People with Disabilities

Filed: June 27, 2008

Texas Department of Transportation

Notice of Request for Proposal

The Texas Department of Transportation (department) announces a Request for Proposal (RFP) for:

1. Job Access Reverse Commute

2. New Freedom

3. State Planning Assistance

4. Rural Transportation Assistance

5. Intercity Bus

6. Rural Discretionary

These public transportation projects will be funded through the Federal Transit Administration (FTA). It is anticipated that multiple projects from multiple funding programs will be selected for State Fiscal Year 2009. Project selection will be administered by the department's Public Transportation Division (PTN). Selected projects will be awarded in the form of grants, with payments made for allowable reimbursable expenses or for defined deliverables. The proposer will become a subrecipient of the department.

Purpose: The RFP invites proposals for services to develop, promote, coordinate, or support public transportation. The objectives for these proposals are to support the nonurbanized and small urban areas of Texas, to support services to meet the intercity travel needs of residents, or to support the infrastructure of the public transportation network through planning, marketing assistance, local match assistance, and vehicle capital and facility investment. In the process of meeting these objectives, projects will also support and promote the coordination of public transportation services across geographies, jurisdictions, and program areas. Coordination between nonurbanized and urbanized areas and between client transportation services and other types of public transportation are particular objectives.

Eligible Projects: Eligible types of projects have been defined by the department in accordance with FTA guidelines, other laws and regulations, and in consultation with members of the public transportation and the intercity bus industries. These include projects for vehicle capital, planning, marketing, facilities, training, technical and operating assistance, and research.

Eligible Applicants: Eligible subrecipients include state agencies, local public bodies and agencies thereof, private-nonprofit organizations, operators of public transportation services, private consultants, state transit associations, transit districts, and private for-profit operators.

Availability of Funds: In accordance with Transportation Code, Chapter 455, the department provides funding for public transportation projects funded through programs administered by the FTA as established in Title 49, United States Code, §5304 State Planning Assistance, §5311 Rural Discretionary programs, §5311(b)(3) Rural Transportation Assistance, §5311(f) Intercity Bus program, §5316 Job Access Reverse Commute, and §5317 New Freedom. Proposers shall be required to enter into a grant agreement as a subrecipient of the department.

Review and Award Criteria: Proposals will be evaluated against a matrix of criteria and then prioritized. Subject to available funding, the department is placing no preconditions on the number or the types of projects to be selected for funding. The department reserves the right to conduct negotiations pertaining to a proposer's initial responses including, but not limited to, specifications and prices. An approximate balance in funding awarded to the types of projects, or an approximate geographic balance of selected projects, may be seen as appropriate, depending on the proposals that are received. The department may consider these additional criteria when recommending prioritized projects to the Texas Transportation Commission.

Key Dates and Deadlines:

July 11, 2008. RFP posted on the department's PTN website.

August 29, 2008. Statewide Pre-Proposal Video Teleconference.

November 3, 2008. Deadline for submitting written questions about the request for proposal will no longer be accepted after this date.

December 12, 2008. Deadline for receipt of proposals is 5:00 p.m. at the department's PTN office in Austin, Texas.

March 1, 2009. Target date for the department to complete the evaluation, prioritization, and negotiation of proposals.

April 30, 2009. Target date for presentation of project selection recommendations to the Texas Transportation Commission for action.

July - September, 2009. Target date for all project grant agreements to be executed, with approved scopes of work and calendars of work.

To Obtain a Copy of the RFP: The RFP will be posted on the Public Transportation Division website at:

http://www.txdot.gov/services/public_transportation/transportation_rfp.htm.

Proposers with questions relating to the RFP should contact Cheryl Mazur at PTN-Programmgmt@dot.state.tx.us or by phone at (512) 416-2812.

TRD-200803445

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: July 2, 2008

Public Notice - Photographic Traffic Signal Enforcement Systems: Municipal Reporting of Traffic Crashes

The Texas Department of Transportation (department) is requesting that each municipality subject to the requirements contained in Transportation Code, §707.004 provide the required data to the department no later than August 31, 2008 in order for the department to meet the mandated deadline for an annual report to the Texas Legislature.

Pursuant to Transportation Code, §707.004, each municipality operating a photographic traffic signal enforcement system or planning to install such a system must compile and submit to the department certain statistical information. Before installing such a system, the municipality is required to submit a written report on the number and type of traffic crashes that have occurred at the intersection over the last 18 months prior to installation. The municipality is also required to provide annual reports to the department after installation showing the number and type of crashes that have occurred at the intersection.

The department is required by Transportation Code, §707.004 to produce an annual report of the information submitted to the department by December 1 of each year beginning on December 1, 2008.

The department has created a web page detailing municipal reporting requirements and to allow the required data to be submitted electronically: http://www.txdot.gov/services/traffic_operations/red_lights/city_reporting.htm.

For additional information contact the Texas Department of Transportation, Traffic Operations Division, 125 East 11th Street, Austin, Texas 78701-2483 or call (512) 416-3118.

TRD-200803393

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: June 30, 2008

Texas Unified Certification Program for the Certification of Disadvantaged Business Enterprises

Six governmental entities within the state have entered into a Memorandum of Agreement (MOA) to establish the Texas Unified Certification Program (TUCP). The TUCP provides a statewide certification process for the federal Disadvantaged Business Enterprise programs in Texas in accordance with Title 49, Code of Federal Regulations, Parts 23 and 26. The certifying agencies are the Texas Department of Transportation (department), the City of Houston, the City of Austin, the Corpus Christi Regional Transportation Authority, the North Central Texas Regional Certification Agency, and the South Central Texas Regional Certification Agency. The TUCP was approved by the United States Department of Transportation on April 18, 2008. Copies of the MOA and the standard operating procedure for TUCP are available at the department's Internet website, www.txdot.gov.

TRD-200803444

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: July 2, 2008