In Addition

In Addition

Texas Department of Agriculture

Notice of Public Hearing: Proposed Asian Citrus Psyllid Quarantine Rules

The Texas Department of Agriculture (the department) will hold a hearing to take public comment on the department's proposed Asian Citrus Psyllid Quarantine rules, Title 4, Part 1, §§19.410 - 19.413, which were published in the Friday, February 22, 2008, issue of the Texas Register (33 TexReg 1475).

The hearing will be held on March 14, 2008, beginning at 10:00 a.m., at the Stephen F. Austin State Office Building, 1700 North Congress, Room No. 1003A, Austin, Texas.

For more information regarding the hearing, please contact Dr. Shashank Nilakhe, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, (512) 463-1145.

TRD-200801311

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: March 5, 2008

Department of Assistive and Rehabilitative Services

Notice of Request for Comments on Annual Application for Federal Funds for Early Childhood Intervention

The Department of Assistive and Rehabilitative Services (DARS), Division for Early Childhood Intervention, is soliciting comments related to its annual application for federal funds for early childhood intervention. DARS will be requesting funding under the Individuals with Disabilities Education Act, Part C for federal fiscal year 2008. The funding application will be submitted to the U.S. Department of Education, Office of Special Education Programs on May 7, 2008. The application can be viewed on the DARS web site at: http://www.dars.state.tx.us. To request copies of the annual funding application or to make comments concerning early childhood intervention contact:

Cynthia Henderson, Policy Specialist, Early Childhood Intervention, Department of Assistive and Rehabilitative Services, 4900 North Lamar Blvd., Austin, TX 78751-2399, Mail Code 3029.

TRD-200801184

Sylvia F. Hardman

Deputy Commissioner for Legal Services

Department of Assistive and Rehabilitative Services

Filed: February 28, 2008

Office of the Attorney General

Notice of Contract Award

This publication is filed pursuant to Texas Government Code, §2254.030. The Request for Proposal was published in the December 21, 2007 issue of the Texas Register (32 TexReg 9825).

DESCRIPTION OF ACTIVITIES OF PRIVATE CONSULTANT:

The Office of the Attorney General of Texas (the "OAG") has entered into a major consulting services contract for the following services:

The OAG administers millions of dollars of federal funds for the Child Support (Title IV-D) and Medicaid (Title XIX) programs. The OAG recoups its indirect costs from these federal programs based on rates approved by the United States Department of Health and Human Services ("HHS").

Contractor will review the indirect cost methodologies of the OAG to determine areas of cost recovery which will maximize revenue from the recovery of indirect costs and will develop indirect cost rates throughout the OAG, as appropriate.

Contractor will prepare Indirect Cost Allocation Plans for FY07 (based on actual expenditures) and for FY09 (based on budgeted expenditures) in accordance with OMB Circular A-87, for submission to HHS for federal approval and will negotiate approval of those plans with HHS.

Contractor also will analyze existing OAG legal billing rates for purposes of reconciling those existing rates with actual costs of the OAG in providing the legal services and will provide to the OAG a report of that reconciliation. Contractor will develop the FY09 billing rates for legal services. Contractor will negotiate with HHS for approval of the FY09 billing rates. Finally, Contractor will provide guidance to the OAG in the implementation of these plans and billing rates.

NAME AND BUSINESS ADDRESS OF PRIVATE CONSULTANT:

The private consultant engaged by the OAG for these activities is MGT of America, Inc., whose business address is 502 E. 11th Street, Suite 300, Austin, TX 78701.

TOTAL VALUE AND TERM OF THE CONTRACT:

The total value of the contract is $44,575. The term of the contract began on March 3, 2008, and will terminate on August 31, 2008, or upon completion of work described herein.

DATES ON WHICH REPORTS ARE DUE:

The Indirect Cost Allocation Plans must be submitted to HHS no later than April 30, 2008. The final report regarding the FY09 billing rates for legal services must be submitted to the OAG no later than August 31, 2008.

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

TRD-200801310

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: March 5, 2008

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of February 22, 2008, through February 28, 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 March 5, 2008. The public comment period for this project will close at 5:00 p.m. on April 4, 2008.

FEDERAL AGENCY ACTIONS:

Applicant: FG&W Cattle Company; Location: The project is located in Rudasil Cut, just east of FM 2031, in Matagorda, Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Matagorda, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 210224; Northing: 3172016. Project Description: The applicant proposes to fill 0.26 acre of wetlands to construct a 200-square-foot boat ramp extending into Rudasil Cut for launching kayaks, and an 11,000-square-foot parking area adjacent to the ramp. To compensate for impacts to wetlands, the applicant proposes to restore 0.26 acre of emergent marsh approximately 0.5 mile east of the proposed project area. The applicant proposes to plant plugs of smooth cordgrass (Spartina alternaflora) in shallow (less than 1.5 feet deep) open-water areas along the eastern boundary of the property adjacent to East Matagorda Bay. Plugs will be planted on 10-foot centers and contain viable root-rhizome stock. Planting is proposed to occur in early spring (April/May 2008) to allow maximum growth and expansion. CCC Project No.: 08-0087-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-1916 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: AGL Resources; Location: The project is located in Beaumont, Jefferson and Orange Counties, Texas. The project can be located on the U.S.G.S. quadrangle maps entitled: Beaumont East and Terry, Texas. The GTS dual 24-inch diameter pipeline header facility under this individual permit application starts at MP 0.60 extending to the Texas Eastern Gas Transmission Company (TETCO) meter station at MP 7.41, with a single 24-inch diameter pipeline extending from MP 7.41 to the terminus of the pipeline at the Florida Gas Transmission (FGT) meter station at MP 8.84 (see Figure 1). Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Northing - beginning: 3,322,110; end: 3,326,991 Easting - beginning: 397,270; end: 408,215 and, Latitude - beginning: 94 degrees 4' 25.62"; end: 93 degrees 57' 8.25" Longitude - beginning: 30 degrees 1' 25.79"; end: 30 degrees 4' 14.16". Project Description: The applicant proposes to construct an 8.9-mile natural gas pipeline, extending northeast into Orange County, Texas. The project includes a crossing of the Neches River, a navigable waterbody, as well as temporary and permanent wetland fill. A total of 11.02 acres of wetlands will be permanently impacted, including 10.66 acres of forested wetlands and 0.36 acre of palustrine emergent wetlands.

The applicant proposes to provide compensation for all impacts to jurisdictional and non-jurisdictional wetlands through the preservation of 75 acres of high quality forested wetlands and 2.5 acres of palustrine emergent wetlands. The proposed mitigation site is located approximately four miles north of the GTS Project area. This wetland mitigation preservation area will be entered into a conservation easement with the Sabine Neches Conservation, Inc. for perpetual preservation. The mitigation plan incorporates the following components: Mitigation for jurisdictional and non-jurisdictional permanently impacted wetlands; Compensation for all permanently impacted wetlands on a 7:1 ratio; Mitigation area within the same watershed as impacted wetlands; Mitigation area in close proximity (approximately four miles north) to permanently impacted wetlands; Acquisition of 75 acres of high quality forest wetlands (Cypress tupelo) located in the proximity of the project, which will be entered into a conservation easement with the Sabine Neches Conservation, Inc. This would provide compensatory mitigation for 10.66 acres of permanent impacts to bottomland hardwood forest wetlands and mixed pine-hardwood forest wetlands; and Acquisition of 2.5 acres of high quality emergent wetlands which will be entered into a conservation easement with the Sabine Neches Conservation, Inc. This would provide compensatory mitigation for 0.36 acre of permanent impacts to palustrine emergent wetlands.

Monitoring the success of the wetland restoration for temporarily affected wetlands will be conducted for three years or until the revegetation is considered to be successful as described in FERC's Wetland and Waterbody Construction and Mitigation Procedures. Revegetation shall be considered successful if the cover of herbaceous and/or woody species is at least 80 percent of the type, density, and distribution of the vegetation in adjacent wetland areas that were not disturbed by construction.

Areas within the pipeline construction corridor and associated work areas will be restored to pre-project contours. Pre and post-construction elevation surveys will be conducted. Elevation survey results will be submitted to the U.S. Army Corps of Engineers (Corps) within 90 days after completion of pipeline installation. Additional soil from offsite may be brought into areas containing highly organic soils susceptible to high erosion rates.

Aerial photography with Geographic Information System (GIS) analysis will be used to monitor the entire pipeline construction corridor and an additional 200-meter buffer zone (100 meters paralleling each side of the construction corridor). The following GIS/Remote Sensing method and standard will be used: The pipeline corridor will be monitored by pre- and post-construction aerial photography (taken 12 months after construction completion to allow for vegetative regrowth) at a scale of 1:4800 or 1 inch to 400 feet. GIS and Remote Sensing techniques will be used to conduct an analysis of change to determine the amount of vegetated marsh impacted by pipeline construction activities.

Monitoring reports will be submitted that include at a minimum: (1) a pre-project GIS analysis assessing the pre-construction conditions of wetland vegetation within the permitted corridor (which includes the construction corridor and the 200-meter buffer zone); (2) a post-project GIS analysis assessing the pre-construction conditions of wetland vegetation within the permitted corridor (which includes the construction corridor and the 200-meter buffer zone); (3) Ortho corrected imagery covering the construction corridor and buffer zone, maximum of 6-inch pixel size and Color Infra-red imagery, about 2 meter spatial accuracy; (4) all vector deliverable to be in ESRI Shapefile(tm) format with Federal Geographic Data Committee (FGDC) compliant metadata and all raster imagery in GeoTIFF format with FGDC compliant metadata. A binary classification system will be used consisting of open water and vegetated areas. The classified data will meet or exceed 90 percent attribute accuracy as determined by industry standard and verified by statistically valid ground truth sampling techniques - this may include Global Positioning System based ground surveys. Monitoring reports will be submitted to the Corps, detailing the results from the pre- and post-GIS analysis and the above referenced data sets, within 90 days after completion of the 12-month interval between the pre- and post-construction analysis. CCC Project No.: 08-0088-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-1943 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

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

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

TRD-200801301

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: March 4, 2008

Comptroller of Public Accounts

Notice of Public Hearing on Proposed Texas Procurement and Support Services Office

The Office of the Comptroller of Public Accounts will hold a public hearing regarding proposed amendments to 34 Texas Administrative Code, §20.52, Advisory Committees, on Monday, March 24, 2008, at 1:30 p.m. in Room 114 of the LBJ State Office Building, 111 E. 17th Street, Austin, Texas 78774-0100. The proposed amendments to the rule were published in the February 15, 2008, issue of the Texas Register (33 TexReg 1273).

Pursuant to Government Code, §2155.0012, the comptroller is holding this hearing in accordance with the requirements of Government Code, §2001.029. Questions concerning the public hearing or this notice should be referred to Ron Pigott, Deputy General Counsel for Texas Procurement and Support Services. Phone Number: (512) 463-5038. E-mail address: ron.pigott@cpa.state.tx.us. Fax Number: (512) 475-0851.

NOTICE FOR PERSONS WITH DISABILITIES

Persons with disabilities who plan to attend this hearing and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, also non-English speaking persons who may need assistance are requested to contact Joe Cheavens, 1-800-531-5441, Extension 3-2650, at least two (2) working days prior to the hearing so that appropriate arrangements may be made.

TRD-200801285

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: March 4, 2008

Court Reporters Certification Board

Certification of Court Reporters

Following the examination of applicants on January 24, 2008, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

MACHINE SHORTHAND: SHAWN MCROBERTS - TERRELL, TX; MEREDITH GARCIA - PFLUGERVILLE, TX; ANNIE PARK - AUSTIN, TX; ROBIN WASHINGTON - DESOTO, TX; DRIANNE ALFARO - CARROLLTON, TX; MICHAEL NAVARRO - FLOWER MOUND, TX; LINDSY CONRAD - DALLAS, TX; ALEXIS MORRIS - HUMBLE, TX; ANGELIQUE WHORTON - IRVING, TX; VERONICA NAVARRO - ARLINGTON, TX; NANCY ELEBY - PROTER, TX; MONICA GAYNOR - WEATHERFORD, TX; AMY ST. AMANT - PLANO, TX; REBECCA WALSTON - LITTLE ELM, TX; GABRIELA FLORES - SAN ANTONIO, TX; BRYNNA MCGEE - LEWISVILLE, TX; ANGELA ROBERTSON - WHITE OAK, TX; ANDREW SUTTON - KINGWOOD, TX; CINDY JOHNSON - HENDERSON, TX; AND ANGELA HOWARD - SAN ANTONIO, TX.

ORAL STENOGRAPHY: SHAWNA MILLS - ARLINGTON, TX; SHAWNA MILLS - ARLINGTON, TX; AND KAREN WAVADA - MESQUITE, TX.

TRD-200801265

Sheryl Jones

Administrator of Licensing

Court Reporters Certification Board

Filed: March 3, 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 April 14, 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 April 14, 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: Raymond Allen; DOCKET NUMBER: 2008-0185-WOC-E; IDENTIFIER: RN105379150; LOCATION: Canyon, Randall County, Texas; TYPE OF FACILITY: landfill operator; RULE VIOLATED: 30 Texas Administrative Code (TAC) §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(2) COMPANY: City of Cameron; DOCKET NUMBER: 2007-1832-WQ-E; IDENTIFIER: RN101607828; LOCATION: Milam County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: the Code, §26.121(a) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010004001, Permit Conditions Number 2(g), by failing to prevent the unauthorized discharge of wastewater into or adjacent to water in the state; PENALTY: $1,150; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: Carrier Corporation; DOCKET NUMBER: 2007-1927-AIR-E; IDENTIFIER: RN102775095; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: refrigeration and heating equipment manufacturing; RULE VIOLATED: 30 TAC §101.10(e) and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit the 2005 annual emissions inventory update; PENALTY: $950; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(4) COMPANY: Leon Heijligers dba Center Point Dairy, LLP; DOCKET NUMBER: 2007-1352-AGR-E; IDENTIFIER: RN101917771; LOCATION: Hopkins County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.38(e)(5) and (g)(2), by failing to maintain the retention control structure in compliance with the technical standards developed by the Natural Resources Conservation Service; 30 TAC §321.44(a) and Concentrated Animal Feeding Operation (CAFO) General Permit Number TXG920161, Parts III.A.5 and IV.B.5, by failing to collect a sample and notify the appropriate regional office within 24 hours of the occurrence of a discharge; and 30 TAC §321.31(a) and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater from the operations of a CAFO; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(5) COMPANY: Christ Community Church of Houston dba Christ Community Church; DOCKET NUMBER: 2007-1284-PWS-E; IDENTIFIER: RN104415914; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.39(e), by failing to submit water system "as built" plans and specifications prepared by a licensed, professional engineer to the commission for review and approval; and 30 TAC §290.41(c)(3)(B), by failing to provide a well casing 18 inches above the elevation of the finished floor of the pump room or the natural ground surface with a minimum of one inch above the sealing block or pump motor foundation block; PENALTY: $210; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2007-1547-AIR-E; IDENTIFIER: RN102450756; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(c), New Source Review (NSR) Permit Number 49138, Special Condition (SC) 1, and THSC, §382.085(b), by failing to maintain the annual 12-month rolling average limit for volatile organic compound emissions; PENALTY: $31,375; Supplemental Environmental Project (SEP) offset amount of $12,550 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: Georgia Gulf Chemicals & Vinyls, LLC; DOCKET NUMBER: 2007-1616-IHW-E; IDENTIFIER: RN100213958; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: petrochemical manufacturing; RULE VIOLATED: 30 TAC §335.2(a), by failing to prevent the unauthorized disposal of hazardous waste; 30 TAC §335.69(a)(1)(B) and 40 Code of Federal Regulations (CFR) §265.192(a) and §265.193(a)(1), by failing to provide secondary containment for a tank storing hazardous waste and by failing to have a written assessment from a qualified Professional Engineer attesting that the tank system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste; 30 TAC §335.6(c), by failing to update the notice of registration (NOR); and 30 TAC §335.9(a)(2), by failing to maintain an accurate annual waste summary in 2006; PENALTY: $29,510; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Haldor Topsoe, Inc.; DOCKET NUMBER: 2007-1788-AIR-E; IDENTIFIER: RN101211498; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: catalyst manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), TCEQ Permit Number 21178, SC Number 1, and THSC, §382.085(b), by failing to comply with the 0.41 pound/hour (lb/hr) carbon monoxide (CO) emissions limit; PENALTY: $3,350; Supplemental Environmental Project (SEP) offset amount of $1,340 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red (FTIR) Project; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Ross B. Harbaugh; DOCKET NUMBER: 2008-0187-WOC-E; IDENTIFIER: RN103653168; LOCATION: Canyon, Randall County, Texas; TYPE OF FACILITY: land 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: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(10) COMPANY: Hilco United Services, Inc.; DOCKET NUMBER: 2008-0022-PWS-E; IDENTIFIER: RN102693108; LOCATION: Itasca, Hill County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(i), TCEQ Agreed Order Docket Number 2004-1190-PWS-E, Ordering Provision Number 2.b.ii., and THSC, §341.0315(c), by failing to provide a well capacity of 0.6 gallons per minute per connection; and 30 TAC §290.46(f)(2), by failing to keep on file and make available for commission review all water system operating records; PENALTY: $1,387; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(11) COMPANY: INEOS USA LLC; DOCKET NUMBER: 2007-1279-AIR-E; IDENTIFIER: RN100238708; LOCATION: near Alvin, Brazoria County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §101.20(3) and §116.715(a), Flexible Permit Number 95/PSD-TX-854, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §§101.20(3), 116.115(c), and 116.715(a), Flexible Permit Number 95/PSD-TX-854, SC Number 1, NSR Permit Number 2866C, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §§101.20(1) - (3), 116.715(a), and 122.143(4), 40 CFR §60.18(c)(3)(ii) and §63.11(b)(6)(ii), Federal Operating Permit (FOP) Number O-02327, Special Terms and Conditions (STC) 1A and 19, Flexible Permit Number 95/PSD-TX-854, SC Number 11A, and THSC, §382.085(b), by failing to maintain a minimum header net heating value of 300 British thermal units per standard cubic foot; 30 TAC §§101.20(3), 116.715(a), and 122.143(4), FOP Number O-02327, STC 19, Flexible Permit Number 95/PSD-TX-854, SC Number 13, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §117.310(c)(2) (formerly 30 TAC §117.206(e)(2)), and §122.143(4), FOP Number O-02327, STC 1A, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §117.310(c)(1)(A) (formerly 30 TAC §117.206(e)(1)(A)), and §122.143(4), FOP Number O-02327, STC 1A, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §§101.20(2) and (3), 115.112(a)(1), 116.715(a), and 122.143(4), 40 CFR §63.119(b)(1), FOP Number O-02327, STC 1A, 4, and 19, Flexible Permit Number 95/PSD-TX-854, SC Number 5, and THSC, §382.085(b), by failing to prevent the landing of the internal floating tank roof; 30 TAC §115.112(a)(1) and §122.143(4), FOP Number O-02327, STC 1A and 4, and THSC, §382.085(b), by failing to prevent the landing of the internal floating tank roof; 30 TAC §117.8100(b)(1) and (b)(2) (formerly 30 TAC §117.213(f)(3)) and §122.143(4), FOP Number O-02327, STC 1A, and THSC, §382.085(b), by failing to prevent a greater than 5% down-time for the predictive emissions monitoring system (PEMS); 30 TAC §§101.20(3), 116.715(a), and 122.143(4), FOP Number O-02327, STC 19, Flexible Permit Number 95/PSD-TX-854, SC Number 1 and General Condition Number 8, and THSC, §382.085(b), by failing to maintain 12-month rolling average for nitrogen oxides emissions; 30 TAC §101.20(3) and §116.715(a), Flexible Permit Number 95/PSD-TX-854, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §§101.20(3), 116.715(a), and 111.111(a)(1)(B), Flexible Permit Number 95/PSD-TX-854, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §101.20(3) and §116.715(a), Flexible Permit Number 95/PSD-TX-854, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §101.20(3) and §116.715(a), Flexible Permit Number 95/PSD-TX-854, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §§101.20(2) and (3), 115.352(4), 116.115(c), 116.715(a), and 122.143(4), 40 CFR §61.242-6(a) and §63.167(a)(1), FOP Number O-02327, STC 1A and 19, Flexible Permit Number 95/PSD-TX-854, SC Numbers 34E and 4, NSR Permit Number 2866C, SC Number 4E, NSR Permit Number 489, SC Number 5E, and THSC, §382.085(b), by failing to plug or cap open-ended lines; 30 TAC §117.310(f) (formerly 30 TAC §117.206(i)) and §122.143(4), FOP Number O-02327, STC 7A, and THSC, §382.085(b), by failing to prevent operation of a diesel engine; 30 TAC §116.115(c) and §122.143(4), FOP Number O-02327, STC 19, NSR Permit Number 2798, SC Number 4B, and THSC, §382.085(b), by failing to prevent a boiler from exceeding the permitted firing rate; 30 TAC §116.115(c) and §122.143(4), FOP Number O-02327, STC 19, NSR Permit Number 9517, SC Number 1, and THSC, §382.085(b), by failing to prevent a boiler from exceeding the permitted firing rate; 30 TAC §117.345(b)(2) (formerly 30 TAC §117.219(b)(2)) and §122.143(4), FOP Number O-02327, STC 1A, and THSC, §382.085(b), by failing to submit the Post-PEMS report within 15 days following the completion of the test; 30 TAC §122.222(k)(2) and THSC, §382.085(b), by failing to include emission points and their associated emissions in a FOP; 30 TAC §117.345(f)(10) (formerly 30 TAC §117.219(f)(10)) and §122.143(4), FOP Number O-02327, STC 1A and 7E, and THSC, §382.085(b), by failing to consistently record the start/stop or run times for diesel engines; 30 TAC §117.8130 (formerly 30 TAC §117.214(a)(1)) and §122.143(4), FOP Number O-02327, STC 1A, and THSC, §382.085(b), by failing to adequately monitor the ammonia slip of a boiler; 30 TAC §122.143(4), FOP Number O-02327, STC 18, and THSC, §382.085(b), by failing to document the parts washer monthly inspections; 30 TAC §115.782(c)(1)(B)(iii) and THSC, §382.085(b), by failing to perform extraordinary repair attempts to leaking valves; and 30 TAC §111.111(a)(4)(A)(ii) and §122.143(4), FOP Number O-02327, STC 1A, and THSC, §382.085(b), by failing to make an entry on the flare visible emissions log; PENALTY: $337,695; Supplemental Environmental Project (SEP) offset amount of $168,847 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: J. H. Strain & Sons, Inc.; DOCKET NUMBER: 2008-0065-AIR-E; IDENTIFIER: RN102980539; LOCATION: Taylor County, Texas; TYPE OF FACILITY: hot mix asphalt plant; RULE VIOLATED: 30 TAC §116.115(b)(2) and §116.615(9), Standard Permit Registration Number 72637L002, and THSC, §382.085(b), by failing to maintain all air pollution emission capture and abatement equipment in good working order; PENALTY: $800; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(13) COMPANY: Kerr Materials, L.P.; DOCKET NUMBER: 2007-1963-WQ-E; IDENTIFIER: RN105376560; LOCATION: Fayette County, Texas; TYPE OF FACILITY: sand and gravel mine; RULE VIOLATED: 30 TAC §281.25(a)(4) and the Code, §26.121, by failing to obtain authorization under a TPDES Multi-Sector General Permit prior to discharging co-mingled storm water and process water associated with industrial activities off the property; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(14) COMPANY: Dave Singh dba Lake Stop Store; DOCKET NUMBER: 2008-0170-PST-E; IDENTIFIER: RN102245594; LOCATION: Bosque County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: Laredo Paving, Inc.; DOCKET NUMBER: 2007-1769-AIR-E; IDENTIFIER: RN105354427; LOCATION: Tom Green County, Texas; TYPE OF FACILITY: rock crushing system; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization to construct and operate a new site which emits contaminants into the air of the state; PENALTY: $60,000; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(16) COMPANY: Lone Star Industries, Inc. dba Buzzi Unichem USA; DOCKET NUMBER: 2007-1719-AIR-E; IDENTIFIER: RN100220847; LOCATION: Maryneal, Nolan County, Texas; TYPE OF FACILITY: portland cement manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(2), 113.690, and 116.115(c), NSR Air Permit Number 5918B, SC 1, 40 CFR §63.1343(b)(1) and (b)(3)(i), and THSC, §382.085(b), by failing to comply with the emissions limits for particulate matter and dioxin/furan; PENALTY: $7,400; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(17) COMPANY: Midland Village Car Wash, Inc. dba Village East Express Wash & Lube and Midland Village Car Wash, Inc. dba Village Car Wash & Express Lube; DOCKET NUMBER: 2007-1771-PST-E; IDENTIFIER: RN100528058 and RN101432763; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: car washes; RULE VIOLATED: 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the underground storage tanks; 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; and 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(18) COMPANY: RK Petroleum Corporation; DOCKET NUMBER: 2007-2026-AIR-E; IDENTIFIER: RN100216795; LOCATION: Martin County, Texas; TYPE OF FACILITY: oil and gas collection and separation plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit a permit compliance certification; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(19) COMPANY: Sand Ridge Energy, Inc.; DOCKET NUMBER: 2008-0169-WQ-E; IDENTIFIER: RN105338313; LOCATION: Pecos County, Texas; 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: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(20) COMPANY: Sealy Concrete, Inc.; DOCKET NUMBER: 2007-1847-IWD-E; IDENTIFIER: RN100241579; LOCATION: Sealy, Austin County, Texas; TYPE OF FACILITY: ready-mix concrete manufacturing; RULE VIOLATED: 30 TAC §305.125(1), TPDES General Permit Number TXG110293, Part I and II, Section A, and the Code, §26.121(a), by failing to comply with the permitted eligible discharge limitations for total suspended solids (TSS) and oil and grease; PENALTY: $4,750; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2007-1141-AIR-E; IDENTIFIER: RN100219526; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c) and §117.206(e)(1)(B) (now 30 TAC §117.310(c)(1)), Air Permit Number 46307, SC Number 1, and THSC, §382.085(b), by failing to comply with emission limits; 30 TAC §117.520(c)(2)(C)(i) (now 30 TAC §117.9020(2)(C)(i)), and THSC, §382.085(b), by failing to submit the reference method stack test report; and 30 TAC §116.115(c), Air Permit Number 46307, SC Number 1, and THSC, §382.085(b), by failing to comply with the 0.24 lb/hr CO emissions limits; PENALTY: $33,250; Supplemental Environmental Project (SEP) offset amount of $13,300 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2007-1993-AIR-E; IDENTIFIER: RN100219526; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 46307, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $6,575; Supplemental Environmental Project (SEP) offset amount of $2,630 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red (FTIR) Project; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: The Aermotor Company; DOCKET NUMBER: 2008-0168-WQ-E; IDENTIFIER: RN101637676; LOCATION: San Angelo, Tom Green County, Texas; 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: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(24) COMPANY: Town of Van Horn; DOCKET NUMBER: 2007-1856-MWD-E; IDENTIFIER: RN103014999; LOCATION: Culberson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0014241001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for five-day biochemical oxygen demand and TSS; PENALTY: $2,900; Supplemental Environmental Project (SEP) offset amount of $2,320 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(25) COMPANY: Wolf Hollow I, L.P.; DOCKET NUMBER: 2007-1802-IWD-E; IDENTIFIER: RN100219195; LOCATION: Hood County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0004288000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for TSS, oil and grease, and total chlorine; and 30 TAC §305.125(17) and TPDES Permit Number WQ0004288000, Monitoring and Reporting Requirements Number 1, by failing to submit the discharge monitoring report parameter data as specified in the permit; PENALTY: $17,160; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200801264

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 3, 2008

Notice of Public Hearing on Proposed Repeal of 30 TAC Chapter 317 and Proposed New 30 TAC Chapter 217

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed repeal of 30 TAC Chapter 317 - Design Criteria for Sewerage Systems, and proposed new 30 TAC Chapter 217 - Design Criteria for Domestic Wastewater Systems.

The proposed rulemaking would update the standards for wastewater collection systems and treatment facilities and move the design criteria from the 300 chapter series to the 200 chapter series.

The commission will hold a public hearing on this proposal in Austin April 10, 2008 at 10:00 a.m. at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle in Building B, Room 201A. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Kristin Smith, Office of Legal Services, at (512) 239-0177.

Comments may be submitted to Kristin Smith, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments . File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2006-044-217-PR. The comment period closes April 14, 2008. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Sherry Smith, Rule Project Manager, Water Quality Division, (512) 239-0571 or Louis C. Herrin, III, P.E., Rule Technical Manager, Water Quality Division, (512) 239-4552.

TRD-200801198

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 29, 2008

Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 50, 55, 305 and 330

The Texas Commission on Environmental Quality (TCEQ or commission) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 50 - Action on Applications and Other Authorizations, Chapter 55 - Requests for Reconsideration and Contested Case Hearings; Public Comment, Chapter 305 - Consolidated Permits, and Chapter 331 - Underground Injection Control.

The proposed rulemaking would implement House Bill (HB) 2654, 80th Legislature, 2007, Regular Session, and amend technical standards for injection wells injecting nonhazardous brine from a desalination operation and nonhazardous drinking water treatment residuals. HB 2654 allows the commission to issue a general permit to authorize a Class I injection well for injection of nonhazardous desalination concentrate and nonhazardous drinking water treatment residuals. HB 2654 also authorizes the use of nonhazardous desalination concentrate or nonhazardous drinking water treatment residuals as an injection fluid for enhanced recovery purposes without first obtaining a permit from the TCEQ. The technical standards for wells injecting nonhazardous desalination concentrate or nonhazardous water treatment residuals from public water systems are amended to be consistent with federal Class I nonhazardous injection well regulations.

The commission will hold a public hearing on this proposal in Austin on April 8, 2008, at 10:00 a.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Kristin Smith, Office of Legal Services, at (512) 239-0177.

Comments may be submitted to Kristin Smith, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments. File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2007-030-331-PR. The comment period closes April 14, 2008. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Ms. Kathryn Hoffman, Industrial and Hazardous Waste Permits Section, (512) 239-6890.

TRD-200801188

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 29, 2008

Notice of Water Quality Applications

The following notices were issued during the period of February 21, 2008 through February 28, 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

LA JOYA WATER SUPPLY CORPORATION which proposes to operate Bentsen Palm Reverse Osmosis Water Treatment Plant, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004837000, to authorize the discharge of reverse osmosis reject water at a daily average flow not to exceed 432,000 gallons per day via Outfall 001. The facility is located approximately 2 miles south on Bentsen Palm Drive (FM 2062), off U.S. Highway 83 in Palmview City, Hidalgo County, Texas.

LUCE BAYOU PUBLIC UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011167001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 225,000 gallons per day. The facility is located 3.5 miles north of the intersection of Farm-to-Market Road 1960 and Farm-to-Market Road 2100 at a point 2 miles north of Huffman in Harris County, Texas.

NADIJA BALABAN SULYUKMANOV AND ALBERT F SULYUKMANOV has applied for a renewal of TPDES Permit No. WQ0013749001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located at 9135 Airline Drive, approximately 400 feet south of Halls Bayou and approximately 400 feet west of Airline Drive in Harris County, Texas.

NATIONAL OILWELL VARCO LP has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, Proposed Permit No. WQ0014813001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 13,500 gallons per day via non-public access subsurface low pressure dosing drainfields with a minimum area of 178,560 square feet. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located at 11659 US Highway 60, Pampa, Texas, approximately five miles west of the City of Pampa in Gray County, Texas.

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO 83 has applied for a renewal of TPDES Permit No. WQ0014482001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located approximately 4,800 feet west-northwest of the intersection of Northpark Drive and U.S. Highway 59 and approximately 600 feet north of Morton Road in Montgomery County, Texas.

SOUTHWEST INDEPENDENT SCHOOL DISTRICT has applied for a new permit, Proposed Permit No. WQ0014786001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 10,000 per day via non-public access subsurface low pressure dosing drainfields with a minimum area of 100,000 square feet. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located on the west side of Pearsall Road, approximately 2000 feet west of the intersection of Pearsall Road and Shepherd Road, northeast of the City of Atascosa in Bexar 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-200801314

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 5, 2008

Notice of Water Rights Applications

Notices issued February 27 through February 28, 2008.

APPLICATION NO. 12-4060A; Durham Overstreet Trust, 9931 Allison Ct., Lipan, TX 76462; Overstreet Family L.P., 200 Bahama Ct., Granbury, TX 76048; The Shores of Granbury Inc., 200 Bahama Ct., Granbury, TX 76048; Durham Phillips Trust, 200 Bahama Ct., Granbury, TX 76048 and Overstreet Properties L.P., 200 Bahama Ct., Granbury, TX 76048, Applicants, have applied to amend a portion of Certificate of Adjudication No. 4060 to establish a diversion point adjacent to Lake Granbury above De Cordova Bend Dam and add municipal and industrial purposes within Hood County. More information on the application and how to participate in the permitting process is given below. The application and partial fees were received on July 10, 2007. Additional information and fees were received on September 26, 2007, October 29, 2007, November 7, 2007 and January 14, 2008. The application was accepted for filing and declared administratively complete on November 28, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 14-1891A; Lower Colorado River Authority (LCRA), 3700 Lake Austin Blvd, Austin, Texas 78703 and Joe Rogan Miller, P.O. BOX 603, San Saba, Texas 76877, Applicants, have applied for an amendment to Certificate of Adjudication No. 14-1891 to add a downstream diversion point on the Colorado River, Colorado River Basin; to add municipal purposes of use to 117.5 acre-feet of water per year; to add authorization to impound and store the 117.5 acre-feet of water per year in Lometa Reservoir authorized by Water Use Permit No. 5715, for subsequent diversion and use; and to add a place of use being the service area of the Lometa Water System, which serves the City of Lometa and rural areas in the Lampasas, Mills, San Saba, and Burnet Counties. More information on the application and how to participate in the permitting process is given below. The application and a portion of the fees were received on May 4, 2007. Additional information and fees were received on July 6, 2007 and October 25, 2007. The application was accepted for filing and declared administratively complete on November 30, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 14-2567A; Lower Colorado River Authority (LCRA), 3700 Lake Austin Blvd, Austin, Texas 78703 and Richard Turner Miller, 414 East Wallace, San Saba, Texas 76877, Applicants, have applied for an amendment to Certificate of Adjudication No. 14-2567 to add a downstream diversion point on the Colorado River, Colorado River Basin, to add municipal purposes of use to 70 acre-feet of water; to add authorization to impound and store the 70 acre-feet of water in Lometa Reservoir authorized by Water Use Permit No. 5715, for subsequent diversion and use; and to add a place of use being the service area of the Lometa Water System, which serves the City of Lometa and rural areas in the Lampasas, Mills, San Saba, and Burnet Counties. More information on the application and how to participate in the permitting process is given below. The application and a portion of the fees were received on May 4, 2007. Additional information and fees were received on July 6, 2007 and October 25, 2007. The application was accepted for filing and declared administratively complete on November 30, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding 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-200801315

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 5, 2008

Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on March 31, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for one Lung Volume Reduction procedure code with two types of service (TOS). These changes are associated with Medicaid medical policy changes. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Irene Cantu by calling (512) 491-1358, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The proposed rates are for one Lung Volume Reduction procedure code with two TOS (TOS 2: surgery service and TOS 8: assistant surgery service). These proposed rates affect payments made to physicians and certain other practitioners. The payment rates are proposed to be effective April 1, 2008.

Methodology and Justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners, including surgery and assistant surgery services.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after March 17, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Irene Cantu by telephone at (512) 491-1358; by fax at (512) 491-1998; or by e-mail at Irene.Cantu@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 Irene Cantu, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Irene Cantu at (512) 491-1998; or by e-mail to Irene.Cantu@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Irene Cantu, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200801284

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 3, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on March 31, 2008, at 1:30 p.m. to receive public comment on proposed Medicaid payment rates for 143 specific eye surgery procedure codes with two types of service (TOS). The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code, §32.0282 and Texas Administrative Code (TAC), Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Irene Cantu by calling (512) 491-1358, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The payment rates are for 143 eye surgery procedure codes with two TOS (TOS 2: surgery service and TOS 8: assistant surgery service). These proposed rates affect payments made to physicians and certain other practitioners. The payment rates are proposed to be retroactively effective September 1, 2007.

Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners, including surgery and assistant surgery services.

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 Irene Cantu, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Irene Cantu at (512) 491-1998; or by e-mail to Irene.Cantu@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Irene Cantu, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200801287

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 4, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on March 31, 2008, at 1:30 p.m. to receive public comment on proposed Medicaid payment rates for clinical laboratory procedure codes with one type of service (TOS). The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code, §32.0282 and Texas Administrative Code (TAC), Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Irene Cantu by calling (512) 491-1358, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The proposed rates are for all Clinical Laboratory procedure codes covered by the Texas Medicaid Program, with one TOS (TOS 5: Laboratory service). The proposed payment rates affect payments made to physicians, certain other practitioners, and clinical laboratory providers. The payment rates are proposed to be effective April 1, 2008.

Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8610, which addresses the reimbursement methodology for clinical laboratory procedure codes.

TRD-200801288

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 4, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on March 31, 2008, at 1:30 p.m. to receive public comment on one proposed Medicaid payment rate for the following specific procedure code 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 reimbursements.

Proposal. The proposed payment rate is for the injection 1-J0135, Adalimumab. The proposed effective date is April 1, 2008.

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

Briefing Package. A briefing package describing the proposed payment rate will be available on or after March 17, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Irene Cantu by telephone at (512) 491-1358; by fax at (512) 491-1998; or by e-mail at Irene.Cantu@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 Irene Cantu, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Irene Cantu at (512) 491-1998; or by e-mail to Irene.Cantu@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Irene Cantu, 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 Irene Cantu at (512) 491-1358 by March 26, 2008, so appropriate arrangements can be made.

TRD-200801305

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 5, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on March 31, 2008, at 1:30 p.m. to receive public comment on three proposed Medicaid payment rates for 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 reimbursements.

Proposal. The proposed payment rates are for 9-A9542, Radioimmunotherapy; and Radiopharmaceuticals 9-A9544 and 9-A9545. The proposed effective date is April 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 requires HHSC to review the fees for individual services at least every two years; and the specific fee guidelines published in Section 2.2.1.2 of the 2008 Texas Medicaid Provider Procedures Manual.

People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Irene Cantu at (512) 491-1358 by March 26, 2008, so appropriate arrangements can be made.

TRD-200801306

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 5, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on March 31, 2008, at 1:30 p.m. to receive public comment on one proposed Medicaid payment rate for one specific procedure code for durable medical equipment (DME). The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rate is for wearable cardiac defibrillator 9/L-K0606. The proposed effective date is April 1, 2008.

Methodology and justification. The proposed payment rate is calculated in accordance with 1 TAC §355.8021, which addresses the Reimbursement Rates for Home Health Services; and the specific fee guidelines published in Section 2.2.1 of the 2008 Texas Medicaid Provider Procedures Manual.

People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Irene Cantu at (512) 491-1358 by March 26, 2008, so appropriate arrangements can be made.

TRD-200801308

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 5, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on March 31, 2008, at 1:30 p.m. to receive public comment on two proposed Medicaid payment rates for the following specific procedure codes for durable medical equipment (DME). The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rates are for non-programmable implantable infusion pump 9/J-E0782 and programmable infusion pump 9/J-E0783. The proposed effective date is April 1, 2008.

Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8021, which addresses the Reimbursement Rates for Home Health Services; and the specific fee guidelines published in Section 2.2.1 of the 2008 Texas Medicaid Provider Procedures Manual.

People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Irene Cantu at (512) 491-1358 by March 26, 2008, so appropriate arrangements can be made.

TRD-200801313

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 5, 2008

Notice of Hearing on Proposed Provider Payment Rate Methodology

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public rate hearing to receive public comment on one proposed payment rate for reconstruction of polydactylous digit, soft tissue and bone provided by Ambulatory Surgical Centers (ASC) and Hospital Ambulatory Surgical Centers (HASC) services. HHSC is responsible for the reimbursement determination functions for the Texas Medicaid Program. The rate hearing will be held on Wednesday, March 26, 2008, at 9:00 a.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 proposed rate is for HCPCS code 26587 for type of service F. This affects payments made to ASCs and HASCs. The proposed payment rate will be effective May 1, 2008.

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 Irene Cantu at (512) 491-1358 by March 24, 2008, so appropriate arrangements can be made.

TRD-200801318

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 5, 2008

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200801286

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: March 4, 2008

Texas Higher Education Coordinating Board

Request for Proposals for Evaluation of "Gates GO Center Partnership" Program

Notice Requesting proposals from applicants to facilitate the process of conducting an evaluation of Gates Go Center Partnership program.

PURPOSE: To solicit proposals from qualified applicants to conduct a program evaluation of Gates GO Center Partnership program

DEADLINE FOR TRANSMITTAL OF PROPOSALS: March 28, 2008, 5:00 p.m. C.S.T.

DEADLINE FOR INTENT TO APPLY: March 14, 2008, 5:00 p.m. C.S.T.

RFP AVAILABLE: March 4, 2008

ESTIMATED NUMBER OF AWARDS: 1

PROJECT PERIOD: two-year project

BUDGET PERIOD: 24 Months

APPLICABLE REGULATIONS:

For more information, go to the THECB website http://www.thecb.state.tx.us/reports/PDF/1462.PDF

For proposal templates, go to the THECB website http://www.thecb.state.tx.us/reports/DOC/1463.DOC

TRD-200801304

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: March 5, 2008

Texas Department of Insurance

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 PACIFIC SECURED EQUITIES, INC., (using the assumed name of INTERCARE INSURANCE SERVICES, INC.) a foreign third party administrator. The home office is LOS ANGELES, CALIFORNIA.

Application of ARGONAUT CLAIM SERVICES, LTD, a domestic third party administrator. The home office is HOUSTON, TEXAS.

Application to change the name of FOUNDATION HEALTH PREFERRED ADMINISTRATORS (using the assumed name of FOUNDATION HEALTH PREFERRED ADMINISTRATORS, INC.) to CAPITOL ADMINISTRATORS, INC., a foreign third party administrator. The home office is RANCHO CORDOVA, CALIFORNIA.

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

TRD-200801316

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: March 5, 2008

Lower Rio Grande Valley Development Council

Request for Qualifications for Bookkeeping/Accounting Services

Hidalgo County Regional Mobililty Authority

The Hidalgo County Regional Mobility Authority (the "Authority") hereby issues this Request for Qualifications (the "RFQ") for an entity or individual to provide assistance in maintaining and managing certain financial records and preparing certain financial reports for the Authority.

The Authority receives funds from distinct sources which are allocated to specific projects. In general, there is a prohibition against co-mingling such funds. Additionally, the funding sources have differing requirements for reporting. The successful Respondent must be able to coordinate various Authority accounts and allocate expenditures and investment income appropriately. Experience in managing state and federal grants would be useful.

The Authority is underway with its initial project, the Hidalgo County Loop Project. This is a $600 million project (through phasing, this amount will be broken into significantly smaller portions).

Section 1. Eligible Respondents

The Respondent may be (or include) a certified public accountant ("CPA") in good standing with the State of Texas Board of Public Accountants, but is not required to be. The Authority encourages historically underutilized businesses ("HUB") to compete for this award.

Section 2. Response Requirements

A. Information Sheet

The response submission must include an Information Sheet that clearly states: the name of the Respondent and the name, address, and telephone number of the Respondent’s point of contact. This Information Sheet should also note the RFQ title and will be the first page before the sealed response submission.

B. Response Contents

Responses must include the content outlined below. Responses must include a table of contents and all pages of the Response must be numbered.

1. Qualifications

Respondents must demonstrate experience in providing bookkeeping and accounting services to government entities. For each person a Respondent identifies to perform the work described in this RFQ, please provide a detailed resume that describes the services they would perform, their qualifications, and their experience.

2. Competence and Knowledge

Each Respondent must demonstrate competence and knowledge of the following areas:

* Generally Accepted Accounting Principals (GAAP);

* Generally accepted auditing standards applicable to government units as promulgated by the American Institute of Certified Public Accounts;

* Standards promulgated by the Government Accounting Standards Board; and

* Relevant federal and state statutes.

3. References

Each Respondent must provide three letters of reference, including contact information. The Authority prefers references from clients for whom the Respondent has performed similar work.

4. Compensation

Compensation for the bookkeeping/accounting services will be based on an hourly fee. Payments will be made based on the invoicing and payment terms of the contract. Each Response should include an anticipated schedule of hours required to perform the services outlined herein.

5. Conflicts of Interest

Respondents must identify any personal or business relationships with any member of the Authority’s Board of Directors. If a Respondent does not have any known or potential conflict of interest, the Response should include such as statement.

6. Historically Underutilized Business Certification

If the Respondent is a HUB, the Respondent is requested to submit a copy of its HUB certificate.

Section 3. Conditions

All responses become the property of the Authority. The Authority will not return responses after they are received. The Authority reserves the right to amend or cancel this RFQ at any time and to reject any and all responses. The Authority will not reimburse any Respondent for costs related to preparing a response to this RFQ. The Authority may request Respondents to provide an oral presentation or additional information. The Authority reserves the right to negotiate all or portions of any response tentatively selected for award, including the proposed compensation.

Respondents acknowledge that any response may be withdrawn, in writing, before the deadline for receipt of responses. Respondents further agree that any response that is not withdrawn shall constitute an irrevocable offer for a period of 90 days from the RFQ closing date.

Section 4. Contract Term

The contract performance period will begin on or about March 1, 2008 and expire on or about April 30, 2008. The parties may agree to renew the contract for an additional year.

Section 5. Questions

Questions with regard to this RFQ should be directed to Victor Morales at the Lower Rio Grande Valley Development Council at vmorales@lrgvdc.org. Mr. Morales is the only permitted point of contact.

Section 6. Submission of Proposals

Respondents must submit their responses before 4:00 p.m., April 18, 2008. Fax or email responses will not be accepted.

Responses should be submitted to:

HCRMA RFQ for Bookkeeping/Accounting Services

Lower Rio Grande Valley Development Council

Attention: Victor Morales

311 N. 15th Street

McAllen, Texas 78501-4705

TRD-200801240

Kenneth N. Jones

Executive Director

Lower Rio Grande Valley Development Council

Filed: February 29, 2008

Public Utility Commission of Texas

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

The Public Utility Commission of Texas received an application on February 29, 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 Charter Communications VI, L.L.C. d/b/a Charter Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35410 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the City of Fulton, Texas. The application also requests amendments to fax number and e-mail addresses for authorized representative, regulatory contact and emergency contacts.

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 35410.

TRD-200801299

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 4, 2008

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 27, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Connect Communications, LLC for a Service Provider Certificate of Operating Authority, Docket Number 35408 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

Applicant's requested SPCOA geographic area includes the entire State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 19, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35408.

TRD-200801296

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 4, 2008

Notice of Application for Waiver from Requirements

Notice is given to the public of an application filed on February 26, 2008 with the Public Utility Commission of Texas for waiver from the requirements in P.U.C. Substantive Rule §26.420(f)(3)(B).

Docket Style and Number: Application of Eastex Telecom Investments, L.P. d/b/a Eastex Long Distance for Waiver to Apply Safe-Harbor Percentage to Calculate Texas Universal Service Fund (TUSF) Assessment Pursuant to P.U.C. Substantive Rule §26.420(f)(3)(B). Docket Number 35405.

The Application: Eastex is a new provider of long distance telephone service in Texas and is registered as an interexchange carrier with the commission. Eastex states that it has elected to use the safe-harbor percentage approved by the commission for its classification of service provided and will be submitting its compliance tariff in to reflect the safe-harbor methodology. Eastex requests that the commission grant it a permanent waiver from the requirements contained in P.U.C. Substantive Rule §26.420(f)(3)(A) to allow Eastex to use the commission-ordered safe-harbor Texas Universal Service Fund (TUSF) assessment methodology to calculate TUSF assessments.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by March 24, 2008, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35405.

TRD-200801298

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 4, 2008

Notice of Application for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on February 26, 2008, for waiver of denial by the Pooling Administrator (PA) of ICG ChoiceCom LP d/b/a Tel West Network Services' request for a new NPA-NXX in the Dallas rate center.

Docket Title and Number: Petition of ICG ChoiceCom LP d/b/a Tel West Network Services for Waiver of Denial of Numbering Resources, Docket Number 35404.

The Application: ICG ChoiceCom LP d/b/a Tel West Network Services submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because ICG ChoiceCom LP d/b/a Tel West Network Services did not meet the month-to-exhaust and utilization criteria established by the Federal Communications Commission.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 19, 2008. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35404.

TRD-200801297

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 4, 2008

Texas Department of Transportation

Aviation Division - Request for Proposal for Aviation Engineering Services

The City of Hamlin, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below:

Airport Sponsor: City of Hamlin. TxDOT CSJ No. 0708HAMLN. Scope: Provide engineering/design services to: rehabilitate and mark RW 16-34; rehabilitate and mark stub TW; reconstruct and enlarge turnaround RW 16 end; rehabilitate apron and improve drainage.

The HUB goal is set at 7%. TxDOT Project Manager is Alan Schmidt, P.E.

To assist in your proposal preparation the criteria, 5010 drawing, project narrative, and most recent airport layout plan are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Hamlin Municipal Airport."

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal". The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site at www.dot.state.tx.us/services/aviation/consultant.htm. The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.

Please note:

Five completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than April 7, 2008, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Delia L. Molina.

The consultant selection committee will be composed of Aviation Division staff members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluation of engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation for any technical or procedural questions at 1-800-68-PILOT (74568). For procedural questions, please contact Delia Lopez Molina, Grant Manager. For technical questions, please contact Alan Schmidt, Project Manager.

TRD-200801302

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: March 5, 2008

Aviation Division - Request for Proposal for Aviation Engineering Services

The City of Giddings and Lee County, through their agent the Texas Department of Transportation (TxDOT), intend to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below.

The following is a listing of proposed projects at the Giddings-Lee County Airport during the course of the next five years through multiple grants.

Current Project: City of Giddings and Lee County. TxDOT CSJ No.: 0814GIDNG. Scope: Provide engineering/design services to install PAPI-2 RW 17-35.

There is no DBE goal. TxDOT Project Manager is Alan Schmidt.

Future scope work items for engineering/design services within the next five years may include but are not necessarily limited to the following:

1. Rehabilitate/reconstruct, and stripe and mark RW 17/35, apron, and hangar access and stub taxiways

2. Repair bumps in runway

3. Improve drainage on apron

4. Install segmented circle

5. Relocate property line fencing

6. Pave auto parking

7. Relocate entrance road

The City of Giddings and Lee County reserve the right to determine which of the above scope of services may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services above.

To assist in your proposal preparation the criteria, 5010 drawing, and most recent Airport Layout Plan are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Giddings-Lee County Airport". The proposal should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for both current and future scope.

Please note:

Eight completed, unfolded copies of Form AVN-550 must be received by TxDOT, Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than April 7, 2008, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Delia Lopez Molina.

The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluation of engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

TRD-200801303

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: March 5, 2008

Aviation Division - Request for Proposal for Aviation Engineering Services

The City of Bowie, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering/design services described below:

Airport Sponsor: City of Bowie. TxDOT CSJ No. 08HGBOWIE. Scope: Provide engineering/design services for site development and associated appurtenances for a pre-engineered metal aircraft hangar building system at the Bowie Municipal Airport.

There is no DBE goal for this project. TxDOT Project Manager is Charles Graham.

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal". The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site at www.dot.state.tx.us/services/aviation/consultant.htm. The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

Please note:

Five completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than April 11, 2008, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Edie Stimach.

The consultant selection committee will be composed of Aviation Division staff members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluation of engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.htm. All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

If there are any procedural questions, please contact Edie Stimach, Grant Manager, at 1-800-68-PILOT, extension 4518. For technical questions, please contact Charles Graham, Project Manager, at 1-800-68-PILOT at extension 4549.

TRD-200801317

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: March 5, 2008

The University of Texas System

Invitation for Consultants to Provide Offers of Consulting Services

The University of Texas Health Science Center at San Antonio Invitation No.: IFO #745-8-01

Background:

The University of Texas Health Science Center at San Antonio (University), one of the 15 institutions composing The University of Texas System, is a national and international leader in the biosciences. University is the only tier one research university in South Texas and is ranked among the top 10% of all research universities in the nation. University also has provided more than 100 active license agreements and 10 new spin-out companies, consistent with the Governor's vision of making Texas a powerhouse in biotechnology. Discoveries coming from University include the Palmaz Stent, one of the top ten patents that have changed the world which is used to treat over 2 million patients per year worldwide, and the Titanium Rib, the first new FDA-approved pediatric device in the past 40 years. University's annual expenditures of $500 million contribute in excess of $2 billion in positive economic impact to Texas yearly.

Pursuant to the provisions of Texas Government Code , Chapter 2254, University previously procured the consulting services of The Atkins Group (Atkins), to, among other things, provide branding (1) research and assessment, (2) planning and development, and (3) implementation services for University. Atkins is providing those services to University pursuant to a contract with University.

At this time, it is necessary to amend and extend the contract between University and Atkins. To remain competitive in the marketplace, including attracting new donors and attracting outstanding faculty and staff, new patients and students, it is important that University continue the implementation of its current branding strategy, including a communication and marketing plan to support University's missions. This branding strategy is integral to University's future success and especially important to accomplishing increased philanthropy and community awareness.

As required by the provisions of Texas Government Code , Chapter 2254, prior to amending and extending its contract with Atkins, University extends this invitation (Invitation) to qualified and experienced consultants interested in providing the consulting services described in this Invitation to University. Unless a better offer (as determined by University) is received in response to this Invitation, University intends to enter into negotiations with Atkins to amend and extend University's contract with Atkins.

Scope of Work:

The successful consultant will perform the following services: (1) continue the development of the branding architecture as it is to be seen throughout University's Web presence, from the University's home page, through all of the landing pages of the schools and departments, as well as all internal pages of the Web site; (2) continue the development of the branding architecture, as it is communicated within a style and usage guide, that will become an essential graphics manual to shepherd the implementation of the branding program throughout all schools, departments, campuses, and components of University, insuring the unified and cohesive representation of the new brand across our internal and external audiences; (3) continue the development of the branding architecture as it is conveyed within print pieces, (such as magazines, annual reports, brochures, and other communications and marketing collateral); and (4) continue the development of the brand program as it will be represented to various internal and external audiences via advertising campaigns, in various media, that will promote community education and awareness of University's missions, programs, practice-plan clinical care and services to the public.

Historically Underutilized Businesses:

All agencies of the State of Texas are required to make a good faith effort to assist historically underutilized businesses (HUB) in receiving contract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state agencies. Pursuant to the HUB program, if under the terms of any agreement or contractual arrangement resulting from this Invitation, the successful consultant subcontracts any of the services, then the successful consultant must make a good faith effort to utilize HUBs certified by the Texas Procurement and Support Services Division of the Texas Comptroller of Public Accounts or any successor agency. Offers that fail to comply with the requirements contained in this Section will constitute a material failure to comply with advertised specifications and will be rejected by University as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any agreement or contractual arrangement resulting from this Invitation. Consultant acknowledges that, if selected by University, its obligation to make a good faith effort to utilize HUBs when subcontracting any of the services will continue throughout the term of all agreements and contractual arrangements resulting from this Invitation. Furthermore, any subcontracting of the services by the successful consultant is subject to review by University to ensure compliance with the HUB program. University has reviewed this Invitation in accordance with Title 34, Texas Administrative Code , §20.13(a), and has determined that subcontracting opportunities are probable under this Invitation. A HUB Subcontracting Plan (HSP) is required as part of consultant's offer. The HSP will be developed and administered in accordance with University's Policy on Utilization of Historically Underutilized Businesses. Each consultant must complete and return the HSP in accordance with the terms and conditions of this Invitation. Consultants that fail to do so will be considered non-responsive to this Invitation in accordance with §2161.252, Texas Government Code. The successful consultant will not be permitted to change its HSP unless: (1) the consultant completes a newly modified version of the HSP in accordance with the terms of the HSP that sets forth all changes requested by the consultant, (2) the consultant provides University with such a modified version of the HSP, (3) University approves the modified HSP in writing, and (4) all agreements or contractual arrangements resulting from this Invitation are amended in writing by University and the consultant to conform to the modified HSP. Consultant must submit one (1) original of the HSP to University at the same time it submits its offer to University. The one (1) original of the HSP must be submitted under separate cover and in a separate envelope (the HSP Envelope). Consultant must ensure that the top outside surface of its HSP Envelope clearly shows and makes visible: the Invitation No. and the Submittal Deadline, both located in the lower left hand corner of the top surface of the envelope, the name and the return address of consultant, and the phrase "HUB Subcontracting Plan".

Specifications:

Any consultant submitting an offer in response to this Invitation must provide the following: (1) consultant's legal name, including type of entity (individual, partnership, corporation, etc.), and address; (2) background information regarding the consultant, including the number of years in business and the number of employees; (3) information regarding the qualifications, education, and experience of the team members proposed to conduct the requested services; (4) the hourly rate to be charged for each team member providing services; (5) the earliest date by which the consultant could begin providing the services; (6) a list of five (5) client references, including any complex institutions or systems of higher education for which consultant has provided consulting services; (7) a statement of consultant's approach to the project (i.e., the services described in the Scope of Work section of this Invitation), any unique benefits consultant offers University, and any other information consultant desires University to consider in connection with consultant's offer; (8) information to assist University in assessing consultant's demonstrated competence and experience providing consulting services similar to the services requested in this Invitation; (9) information to assist University in assessing the consultant's knowledge of the requested services; (10) information to assist University in assessing the consultant's awareness of the requested services; (11) information to assist University in assessing the consultant's experience performing the requested services for other complex institutions or systems of higher education; (12) information to assist University in assessing whether the consultant will be impartial in the performance of the requested services; (13) information to assist University in assessing whether the consultant will have any conflicts of interest in performing the requested services; (14) information to assist University in assessing the overall cost to University for the requested services to be performed; (15) information regarding any prompt payment discount offered by consultant (University's standard payment terms for services are "Net 30 days."); (16) information to assist University in assessing consultant's capability and financial resources to perform the requested services; (17) information to assist University in assessing consultant's communication skills using all relevant media; (18) a signed original of the Execution of Offer which may be obtained by contacting: Christelle Farias, Assistant Director of Purchasing, UTHSCSA, Purchasing Department, 8431 Fredericksburg Rd., Suite 200, San Antonio, Texas 78229, (210) 562-6202, fariasc@uthscsa.edu; and (19) a signed and completed original of the HUB Subcontracting Plan, which may be obtained by contacting: Christelle Farias, Assistant Director of Purchasing, UTHSCSA, Purchasing Department, 8431 Fredericksburg Rd., Suite 200, San Antonio, Texas 78229, (210) 562-6202, fariasc@uthscsa.edu.

Selection Process:

Selection of the Successful Offer (defined below) submitted in response to this Invitation by the Submittal Deadline (defined below) will be made using the competitive sealed proposal process described in this section. After opening of the offers and upon completion of the initial review and evaluation of the offers, University may invite one or more selected consultants to participate in oral presentations. University will use commercially reasonable efforts to avoid public disclosure of the contents of an offer prior to selection of the Successful Offer.

University may make the selection of the Successful Offer on the basis of the offers initially submitted, without discussion, clarification or modification. In the alternative, University may make the selection of the Successful Offer on the basis of negotiation with any of the consultants. In conducting such negotiations, University will avoid disclosing the contents of competing offers.

At University's sole option and discretion, University may discuss and negotiate all elements of the offers submitted by selected consultants within a specified competitive range. For purposes of negotiation, University may establish, after an initial review of the offers, a competitive range of acceptable or potentially acceptable offers composed of the highest rated offer(s). In that event, University will defer further action on offers not included within the competitive range pending the selection of the Successful Offer; provided, however, University reserves the right to include additional offers in the competitive range if deemed to be in the best interests of University.

After submission of an offer but before final selection of the Successful Offer is made, University may permit a consultant to revise its offer in order to obtain the consultant's best and final offer. In that event, representations made by consultant in its revised offer, including price and fee quotes, will be binding on consultant. University will provide each consultant within the competitive range with an equal opportunity for discussion and revision of its offer. University is not obligated to select the consultant offering the most attractive economic terms if that consultant is not the most advantageous to University overall, as determined by University.

University reserves the right to: (a) enter into a contract for all or any portion of the requirements and specifications set forth in this Invitation with one or more consultants; (b) reject any and all offers and re-solicit offers; or (c) reject any and all offers and temporarily or permanently abandon this selection process, if deemed to be in the best interests of University. Consultant is hereby notified that University will maintain in its files concerning this Invitation a written record of the basis upon which a selection, if any, is made by University. University reserves the right to accept or reject any or all offers, waive any formalities, procedural requirements, or minor technical inconsistencies, and delete any requirement or specification from this Invitation when deemed to be in University's best interest.

Criteria for Selection:

The successful offer (Successful Offer), if any, will be the offer submitted in response to this Invitation by the Submittal Deadline that is the most advantageous to University. The criteria to be considered by University in evaluating offers will be those factors listed below:

1. the consultant's demonstrated competence, knowledge, and qualifications; and

2. the reasonableness of the consultant's fee.

In accordance with Section 2254.027, Texas Government Code , if other considerations are equal, University will give preference to a consultant whose principal place of business is in the State of Texas or who will manage the contract wholly from an office in the State of Texas. Offers will be evaluated by University personnel. The selection of the Successful Offer, if any, will be based on the information provided by consultant in its offer. University may give consideration to any additional information if University deems such information relevant. The consultant submitting the Successful Offer will be required to enter into a contract acceptable to University.

Consultant's Acceptance of Offer Evaluation Methodology:

Submission of an offer by a consultant indicates: (1) consultant's acceptance of: (a) the Selection Process, (b) the Criteria for Selection, and (c) all other requirements and specifications set forth in this Invitation; and (2) consultant's recognition that some subjective judgments must be made by University during this Invitation process.

Public Information:

Consultant is hereby notified that University strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information. University may seek to protect from disclosure all information submitted in response to this Invitation until such time as a final contract is executed. Upon execution of a final contract, University will consider all information, documentation, and other materials requested to be submitted in response to this Invitation, to be of a non-confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (Texas Government Code , Chapter 552.001, et seq.). Consultant will be advised of a request for public information that implicates their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information may be protected from release under §§552.101, 552.110, 552.113, and 552.131, Texas Government Code.

How to Respond; Submittal Deadline:

To respond to this Invitation, consultants must submit the information requested in the Specifications section of this Invitation and any other relevant information, in a clear and concise written format to: Christelle Farias, Assistant Director of Purchasing, UTHSCSA, Purchasing Department, 8431 Fredericksburg Rd., Suite 200, San Antonio, Texas 78229.

Offers must be submitted in an envelope or other appropriate container. "Invitation No. IFO 745-8-01" and the Submittal Deadline must be clearly shown in the lower left-hand corner on the top surface of such envelope or container. In addition, the name and return address of the consultant must be clearly visible.

All offers must be received at the above address no later than 3:00 p.m., CDST, Thursday, April 24, 2008 (Submittal Deadline). Submissions received after the Submittal Deadline will not be considered.

Questions:

Questions concerning this Invitation should be directed to Christelle Farias, Assistant Director of Purchasing, UTHSCSA, Purchasing Department, 8431 Fredericksburg Rd., Suite 200, San Antonio, Texas 78229, (210) 562-6202, fariasc@uthscsa.edu. University may in its sole discretion respond in writing to questions concerning this Invitation. Only University's responses made by formal written addenda to this Invitation will be binding. Verbal and other written interpretations or clarifications will be without legal effect.

TRD-200801266

Francie A. Frederick

General Counsel to the Board of Regents

The University of Texas System

Filed: March 3, 2008