Comptroller of Public Accounts
Notice of Request for Proposals
Pursuant to Chapter 54, Subchapters F, G and H, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), issues this Request for Letter Proposals (RFP) from qualified, independent law firms to serve as outside counsel to the Board. The Board administers the state's prepaid higher education tuition program, known as the Texas Guaranteed Tuition Plan and the state's higher education savings plans, known as the Lonestar 529 Plan and the Texas College Savings Plan, as well as the Texas Tomorrow Fund II. The Funds are qualified tuition programs authorized under §529 of the Internal Revenue Code. Under this RFP, the Board shall select qualified counsel to provide the Board with legal services on an as-need, as-requested basis in a variety of general civil matters requiring expertise in federal taxation, corporate, contracts, securities, finance, family, intellectual property, and administrative law. The Board estimates that it will evaluate respondents and announce a contract award or awards no later than August 31, 2008, or as soon thereafter as practical. Clark, Thomas & Winters, P.C., currently serves as legal counsel to the Board, and its contract with the Board expires on August 31, 2008. Respondents must be able to begin providing services on an as-needed basis on September 1, 2008, and throughout the expected initial contract term - September 1, 2008 through August 31, 2009 with two (2) options to renew at the Board's sole option, for one (1) year periods exercised one (1) year at a time.
Questions and Proposed Contract: Questions concerning this RFP and requests for copies of the proposed sample contract must be in writing and submitted via hand delivery or facsimile no later than Friday, May 16, 2008, 2:00 p.m., Central Zone Time (CZT) to William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 East 17th Street, Room G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, facsimile: (512) 463-3669. The sample contract will be available upon request. The Comptroller's official response to questions received by the above deadline will be posted as an addendum to the Electronic State Business Daily (ESBD) notice on Friday, May 23, 2008, or as soon thereafter as practical.
Closing Date: An original and ten (10) copies of each Letter Proposal must be delivered to and received in the Office of the Assistant General Counsel, Contracts, at the address specified above no later than 2:00 p.m. CZT, on Friday, May 30, 2008. Proposals received after this date and time will not be considered. Respondents shall be solely responsible for confirming the timely receipt of proposals; late proposals will not be considered.
Content: Letter Proposals must include all of the following information in order to be considered:
1. Transmittal letter that: (a) describes specific experience and qualifications of both the Law Firm and each proposed partner and associate in each of the requisite areas of practice, particularly highlighting recent experience in representing governmental entities in similar matters involving qualified tuition programs; (b) outlines the Law Firm's understanding of the Board's enabling legislation, administrative rules, and related law, including Chapter 54, Subchapters F, G and H, Texas Education Code; Title 34, Part 1, Chapter 7, Texas Administrative Code; and §529, Internal Revenue Code; (c) details the Law Firm's ability to attend and make presentations at Board meetings and meetings with the Comptroller's staff in Austin, Texas; and (d) describes the Law Firm's ability to quickly respond to Board requests for research and legal advice with regard to the varied areas of law detailed in the first paragraph of this RFP;
2. Physical address of Law Firm's Texas offices, if any, and the physical address of the Law Firm's office that will have primary responsibility for any contract resulting from this RFP;
3. Vita for each proposed partner and associate who will provide services under the contract, if the Board makes a contract award under this RFP;
4. Proposed hourly rates for each proposed partner and associate and statements as to: (a) whether proposed fees are negotiable; (b) how proposed fees compare to recently contracted fees with other governmental entities on similar matters, if any; (c), proposed reimbursement basis for out-of-pocket expenses other than travel; and (d) whether proposed fees are firm throughout the expected initial contract term (September 1, 2008 through August 31, 2009);
5. Proposed mechanisms to control and communicate regarding total costs such as providing the Board with estimates of billable costs prior to beginning specific assignments and timely advising the Board when additional work is required to complete those assignments;
6. Disclosures of actual and potential conflicts of interest, if any, including but not limited to identifying each and every matter in which the Law Firm has, within the past calendar year, represented any entity or individual with an interest adverse to the Board or to the State of Texas, or any of its boards, agencies, commissions, universities or elected or appointed officials;
7. Information regarding efforts made by the Law Firm to encourage and develop the participation of minorities and women in the provision of services such as those requested by this RFP; and
8. Confirmation of willingness to comply with the policies, directives and guidelines of the Board and the Comptroller.
Evaluation and Award Procedure: All qualifying Letter Proposals received by the above deadline will be evaluated based on qualifications, experience and reasonableness of contracted fees. The Board will make the final selection in its sole discretion in the best interests of the Funds and the State of Texas. Notice of contract award will be published on the Electronic State Business Daily (ESBD) and in the Texas Register as soon as possible after contract signature.
Limitations: The Board reserves the right to accept or reject any or all Letter Proposals submitted in response to this RFP. The Board is not obligated to make any award or execute any contract as a result of issuing this RFP. The Board shall pay no costs or any other amounts incurred by any entity in responding to this RFP. The selected Law Firm's sole compensation shall be limited to contracted amounts in the final negotiated contract; no minimum amount of work is guaranteed. No travel expenses or reimbursement will be paid. The Comptroller and the Board may solicit or select other legal counsel to provide the same or similar services at any time.
Summary of Schedule: The anticipated schedule is as follows: Issuance of RFP - Friday, May 2, 2008, after 10:00 a.m. CZT; Questions and Request for Copies of Sample Contract Due - Friday, May 16, 2008, 2:00 p.m. CZT; Electronic Posting of Official Response to Questions posted - Friday, May 23, 2008, or as soon thereafter as practical; Proposals Due - Friday, May 30, 2008, 2:00 p.m. CZT; Contract Execution and initiation of transition, if any, - September 1, 2008, or as soon thereafter as practical; Contract Effective - September 1, 2008, or as soon thereafter as practical.
TRD-200802132
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: April 23, 2008
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, and Chapter 54, Subchapters F, G and H, Texas Education Code, the Comptroller of Public Accounts (Comptroller) on behalf of the Texas Prepaid Higher Education Tuition Board (Board) announces its Request for Proposals (RFP #185a) for the purpose of obtaining investment consulting services for the Board. The selected consultant (Consultant) will advise and assist the Board and Comptroller in administering all of the Board's investment activities related to the Texas Tomorrow Funds (Funds). The Funds include the Texas Tomorrow Fund I, the Texas College Savings Plan and Lonestar 529 Plan, and the Texas Tomorrow Fund II Unit Undergraduate Prepaid Tuition Program. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP on behalf of the Board so that the Board may move forward with retaining the necessary investment consultant. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, the Consultant will be expected to begin performance of the contract on or about September 1, 2008, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, in the Issuing Office at: 111 East 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, May 2, 2008, after 10:00 a.m. Central Zone Time (CZT) and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily (ESBD) at: http://esbd.cpa.state.tx.us after 10:00 a.m. CZT on Friday, May 2, 2008.
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and Non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. CZT on Monday, May 19, 2008. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. Non-mandatory Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or about Friday, May 23, 2008, the Comptroller expects to post responses to questions on the ESBD. Late Non-mandatory Letters of Intent and Questions will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel, Contracts, no later than 2:00 p.m. CZT, on Friday, May 30, 2008. Late Proposals will not be considered under any circumstances. Respondents shall be solely responsible for verifying time receipt of Proposals in the Issuing Office.
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board and Comptroller will make the final decision.
The Comptroller and the Board each reserve the right to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this Notice or to the RFP.
The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - May 2, 2008, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - May 19, 2008, 2:00 p.m. CZT; Official Responses to Questions posted - May 23, 2008; Proposals Due - May 30, 2008, 2:00 p.m. CZT; Contract Execution - August 31, 2008, or as soon thereafter as practical; Commencement of Work - September 1, 2008.
TRD-200802133
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: April 23, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003 of the Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/28/08 - 05/04/08 is 18% for Consumer1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/28/08 - 05/04/08 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 05/01/08 - 05/31/08 is 5.25% for Consumer/Agricultural/Commercial/credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 05/01/08 - 05/31/08 is 5.25% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200802115
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 22, 2008
The Court of Criminal Appeals announces the availability of funds to be provided in the form of grants to entities for the purpose of providing continuing legal education courses, programs, and technical assistance projects for: prosecutors, prosecutor office personnel, criminal defense attorneys who regularly represent indigent defendants in criminal matters, clerks, judges, and other court personnel of the appellate courts, district courts, county courts at law, county courts, justice courts and municipal courts of this State, or other persons as provided by statute. Funds are subject to the provisions of Chapter 56 of the Texas Government Code and the General Appropriations Bill (HB 1) 80th Legislature Regular Session. The grant period is September 1, 2008 through August 31, 2009. The deadline for applications is May 31, 2008. Applicants may request an application packet by phone, mail, or in person. The phone number is (512) 475-2312, and the address is: Court of Criminal Appeals, Judicial Education Program, 201 W. 14th Street, Austin, Texas 78701.
The Court of Criminal Appeals also announces the availability of $150,000 in funding to be provided in the form of grants to entities for the purpose of providing continuing legal education courses, programs, and technical assistance projects on actual innocence for; criminal defense attorneys, prosecuting attorneys, judges, law enforcement officers, law students, bailiffs, constables, warrant officers, or other persons as provided by statute. Funds are subject to the provisions of Chapter 56 of the Texas Government Code and the General Appropriations Bill (HB 1) 80th Legislature Regular Session, Article IV, page IV-6, rider 8. The grant period is September 1, 2008 through August 31, 2009. The deadline for applications is May 31, 2008. Applicants may request an application packet by phone, mail, or in person. The phone number is (512) 475-2312, and the address is: Court of Criminal Appeals, Judicial Education Program, 201 W. 14th Street, Austin, Texas 78701.
TRD-200802003
Louise Pearson
Clerk of the Court
Court of Criminal Appeals
Filed: April 16, 2008
Notice of Workshop Regarding Rules §251.2 and §251.7
The Commission on State Emergency Communications (CSEC) will hold a workshop regarding §251.2, relating to Guidelines for Changing or Extending 9-1-1 Service Arrangements, and §251.7, relating to Guidelines for Implementing Integrated Services on Thursday, May 15, 2008, from 1:00 p.m. to 4:00 p.m., at the Texas Real Estate Commission, 1101 Camino La Costa, Austin, Texas 78752, Room 235.
The primary purpose of the workshop is to get service provider input regarding Regional Internet Protocol (IP) Network to Interconnect Public Safety Answering Points (PSAPs).
The workshop agenda is as follows:
I. Welcoming Remarks by CSEC Staff
II. Review Written Comments
III. Open Discussion
IV. Closing
Additional information, including the questions for comment and filed comments, is available on CSEC's website in the "What's New at CSEC" section. Questions concerning the workshop or this notice should be referred to Susan Seet at (512) 305-6917 or susan.seet@csec.state.tx.us. Persons planning on participating in the workshop, please register by contacting Elizabeth Smith at (512) 305-6928 or elizabeth.smith@csec.state.tx.us. Hearing and speech-impaired individuals with a telecommunications device for the deaf may contact CSEC at (512) 305-6925.
NOTE: CSEC will not be broadcasting the workshop or allowing telephonic participation.
TRD-200802149
Patrick Tyler
General Counsel
Commission on State Emergency Communications
Filed: April 23, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 2, 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 June 2, 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: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2007-2025-AIR-E; IDENTIFIER: RN102018322; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §101.20(1), 40 Code of Federal Regulations (CFR) §60.8(a), and THSC, §382.085(b), by failing to conduct initial compliance testing; PENALTY: $4,300; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5424 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Citation Corporation; DOCKET NUMBER: 2007-1952-AIR-E; IDENTIFIER: RN100218288; LOCATION: Lufkin, Angelina County, Texas; TYPE OF FACILITY: foundry; RULE VIOLATED: 30 TAC §122.121 and §122.241(b) and THSC, §382.082(b), by failing to submit a permit renewal application; PENALTY: $13,300; Supplemental Environmental Project (SEP) offset amount of $5,320 applied to Angelina Beautiful Clean; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(3) COMPANY: Copano Processing, L.P.; DOCKET NUMBER: 2008-0010-AIR-E; IDENTIFIER: RN101271419; LOCATION: Sheridan, Colorado County, Texas; TYPE OF FACILITY: gas processing plant; RULE VIOLATED: 30 TAC §116.115(c), TCEQ Air Permit Number 56613, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to comply with the 0.32 pound/hour volatile organic compound emissions limits; PENALTY: $20,850; Supplemental Environmental Project (SEP) offset amount of $8,340 applied to Lower Colorado River Authority's Household Hazardous Waste and Reusable Materials Collection; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: E. I. du Pont de Nemours and Company; DOCKET NUMBER: 2008-0037-AIR-E; IDENTIFIER: RN100542711; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(3), Federal Operating Permit (FOP) O-2055, General Terms and Conditions (GTC), and SC 8, New Source Review (NSR) Permit 20204, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $3,675; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(5) COMPANY: E. I. du Pont de Nemours and Company; DOCKET NUMBER: 2007-1755-PWS-E; IDENTIFIER: RN100542711; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: petrochemical refining facility with a surface water treatment plant that is a public water system; RULE VIOLATED: 30 TAC §290.110(b)(1)(A) and (f)(4), by failing to provide at least a 0.5 inactivation of Giardia Lamblia cyst and a 2-log inactivation of viruses; 30 TAC §290.111(e)(1)(B) and (e)(1)(A) (formerly §290.111(b)(1)(A)(i), (A)(ii), and (f)(5)), by failing to maintain the combined filter effluent turbidity at 0.3 nephelometric turbidity units (NTU) or less in at least 95% of the samples tested and failed to maintain the combined filter effluent below one NTU; and 30 TAC §290.111(e)(3)(A) (formerly §290.111(c)(1)(A) and (f)(2)), by failing to measure and record the turbidity level of the combined filter effluent at least once each day; PENALTY: $5,792; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(6) COMPANY: E. I. du Pont de Nemours and Company; DOCKET NUMBER: 2007-2044-AIR-E; IDENTIFIER: RN100216035; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §§113.120, 115.112(a)(1), 116.115(c), and 122.143(4), 40 CFR §63.120(d)(5), Federal Operating Permit (FOP) O-01960, GTC, SC 1A, 1E, 4, and 19, NSR Permit 1743, SC 2 and 10, and THSC, §382.085(b), by failing to maintain minimum water flow rate; and 30 TAC §122.143(4) and §122.145(2)(C), FOP O-01950, GTC, SC 2F, and THSC, §382.085(b), by failing to submit a semi-annual deviation report; PENALTY: $30,625; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(7) COMPANY: East TeXas MillworXs, Inc. dba Seal Moulding; DOCKET NUMBER: 2008-0237-MLM-E; IDENTIFIER: RN105337802; LOCATION: College Station, Brazos County, Texas; TYPE OF FACILITY: wood molding manufacturing plant; RULE VIOLATED: 30 TAC §111.201 and §330.15 and THSC, §382.085(b), by failing to prevent unauthorized outdoor burning; PENALTY: $1,661; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(8) COMPANY: Enviroplan Architects-Planners Austin, Inc.; DOCKET NUMBER: 2008-0315-EAQ-E; IDENTIFIER: RN105379879; LOCATION: Sunset Valley, Travis County, Texas; TYPE OF FACILITY: commercial office construction site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a Edwards Aquifer Water Pollution Abatement Plan prior to beginning a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(9) COMPANY: First Texas Homes, Inc.; DOCKET NUMBER: 2008-0458-WQ-E; IDENTIFIER: RN105447536; LOCATION: Collin County, Texas; TYPE OF FACILITY: housing development; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: First Texas Homes, Inc.; DOCKET NUMBER: 2008-0459-WQ-E; IDENTIFIER: RN105447544; LOCATION: Collin County, Texas; TYPE OF FACILITY: housing development; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: Dale Gold dba Gold Egg Farm; DOCKET NUMBER: 2007-1891-AGR-E; IDENTIFIER: RN101981785; LOCATION: Moulton, Lavaca County, Texas; TYPE OF FACILITY: egg-laying business; RULE VIOLATED: 30 TAC §321.21(a) and the Code, §26.121(a), by failing to prevent an unauthorized discharge of chicken manure; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 6300 Ocean Drive, Suite 100, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(12) COMPANY: Houston County Water Control and Improvement District Number 1; DOCKET NUMBER: 2008-0264-PWS-E; IDENTIFIER: RN101201002; LOCATION: Houston County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.111(e)(1)(A) and (B), by exceeding the turbidity level of the combined filter effluent of 0.3 NTU in more than 5% of the samples tested and exceeded the turbidity level of the combined filter effluent of one NTU; PENALTY: $3,900; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(13) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2007-2006-AIR-E; IDENTIFIER: RN100219252; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), NSR Permit 5972A, SC 1, and FOP O-1320, GTC, and SC 13A, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(a)(1) and §122.143(4), FOP O-1322, GTC, and SC 2F, and THSC, §382.085(b), by failing to properly report an unauthorized emissions event; 30 TAC §116.115(c) and §122.143(4), NSR Permit 20160, SC 1, FOP O-1322, GTC, and SC 17A, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.115(c) and §122.143(4), NSR Permit 20160, FOP O-1322, GTC, and SC 17, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $29,482; Supplemental Environmental Project (SEP) offset amount of $14,741 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(14) COMPANY: INEOS USA LLC; DOCKET NUMBER: 2008-0266-AIR-E; IDENTIFIER: RN100238708; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §101.20(3) and §116.715(a), NSR Permit Number 95/PSD-TX-854, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: ISP Technologies, Inc.; DOCKET NUMBER: 2007-1839-AIR-E; IDENTIFIER: RN100825272; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit 55847, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §116.115(c), NSR Permit 22079, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $14,000; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: Ivan's Pumping Service, Inc.; DOCKET NUMBER: 2008-0244-MLM-E; IDENTIFIER: RN103149456; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: sludge transporter company; RULE VIOLATED: 30 TAC §312.143 and §330.15(c), by failing to prevent unauthorized dumping or disposal of municipal solid waste (MSW); PENALTY: $950; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(17) COMPANY: City of Munday; DOCKET NUMBER: 2007-1582-MWD-E; IDENTIFIER: RN103016192; LOCATION: Knox County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010228002, Effluent Limitations and Monitoring Requirements Numbers 1 and 3, and the Code, §26.121(a)(1), by failing to comply with its permitted effluent limits for biochemical oxygen demand (BOD), total suspended solids, and pH; 30 TAC §305.125(5) and §317.3(a) and TPDES Permit Number WQ0010228002, Operational Requirements Number 1, by failing to ensure that all systems of collection, treatment, and disposal are properly maintained and operated; 30 TAC §319.11(c) and TPDES Permit Number WQ0010228002, Monitoring and Reporting Requirements Number 2, by failing to properly calibrate and maintain the dissolved oxygen (DO) meter; 30 TAC §319.6 and TPDES Permit Number WQ0010228002, Monitoring and Reporting Requirements Number 2, by failing to properly analyze effluent samples; and 30 TAC §305.125(1) and §319.11(c) and TPDES Permit Number WQ0010228002, Monitoring and Reporting Requirements Number 2, by failing to accurately determine loading calculations and correctly report self-reported effluent data; PENALTY: $44,400; Supplemental Environmental Project (SEP) offset amount of $35,520 applied to conducting a series of collection and recycling events; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(18) COMPANY: Munsell Construction, Inc.; DOCKET NUMBER: 2008-0196-MLM-E; IDENTIFIER: RN101643880; LOCATION: Mason County, Texas; TYPE OF FACILITY: farm and ranch improvement business; RULE VIOLATED: 30 TAC §324.6 and 40 CFR §279.22(c), by failing to label or clearly mark containers used to store used oil; 30 TAC §330.15(a)(1), by failing to prevent the unauthorized discharge of MSW; and 30 TAC §334.127(d), by failing to provide written notice to the agency of any changes or additional information concerning the status of the aboveground storage tanks; PENALTY: $2,355; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(19) COMPANY: National Oilwell Varco, L.P.; DOCKET NUMBER: 2007-2023-AIR-E; IDENTIFIER: RN100213024; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: surface coating; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), Air Permit Number 4908, SC 1, Air Operating Permit Number O-01818, SC 6, and THSC, §382.085(b), by failing to operate within permitted emission limits; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 4908, SC 11(E), Air Operating Permit Number O-01818, SC 6, and THSC, §382.085(b), by failing to maintain records of thermal oxidizer temperatures; and 30 TAC §116.115(c) and §122.143(4), Air Permit Number 4908, SC 11(B)(2), Air Operating Permit Number O-01818, SC 6, and THSC, §382.085(b), by failing to keep complete records of coating operations; PENALTY: $12,445; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(20) COMPANY: Pasadena Refining System, Inc.; DOCKET NUMBER: 2008-0050-AIR-E; IDENTIFIER: RN100716661; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(c), TCEQ Permit Number 76192, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $20,000; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(21) COMPANY: Bill Phillips dba Scrub-A-Dubb Barrel Company; DOCKET NUMBER: 2007-1088-IHW-E; IDENTIFIER: RN100583236; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: barrel cleaning and refurbishment; RULE VIOLATED: 30 TAC §327.5(a), by failing to prevent and immediately abate and contain a spill or discharge of oily industrial waste; 30 TAC §327.5(a) and §335.4(1) and the Code, §26.121(a), by failing to prevent and immediately abate and contain a spill or discharge of oily industrial waste and failed to prevent the discharge of hazardous waste into or adjacent to water in the state; and 30 TAC §327.3(b) and §327.5(c), by failing to notify the agency within 24 hours after the discovery of spill or discharge and failed to submit a 30-day report describing the details of the discharge and supporting the adequacy of the response action; PENALTY: $10,350; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(22) COMPANY: Walter Lloyd Smith, Sr.; DOCKET NUMBER: 2007-1685-PST-E; IDENTIFIER: RN101820793; LOCATION: Roscoe, Nolan County, Texas; TYPE OF FACILITY: property with five inactive underground storage tanks (USTs); RULE VIOLATED: 30 TAC §334.7(a)(1), by failing to register with the commission, on authorized commission forms, USTs in existence on or after September 1, 1987; and 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, five USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $28,600; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(23) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2008-0043-AIR-E; IDENTIFIER: RN104964267; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY: industrial organic chemicals; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), FOP Number O-01327, GTC and SC 15, Air Permit Number 20485, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(24) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2008-0260-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: $7,075; Supplemental Environmental Project (SEP) offset amount of $2,830 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red (FTIR) Project; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(25) COMPANY: TOTAL PETROCHEMICALS USA, INC.; DOCKET NUMBER: 2008-0162-AIR-E; IDENTIFIER: RN100212109; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 21538, SC Number 6, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.615(2), Standard Permit Number 78962, Maximum Emission Rates Table, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(b) and THSC, §382.085(b), by failing to properly notify the TCEQ of an emissions event; PENALTY: $25,764; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(26) COMPANY: Town of Windom; DOCKET NUMBER: 2007-1855-MWD-E; IDENTIFIER: RN103014619; LOCATION: Fannin County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10666001, Final Effluent Limitations and Monitoring Requirements Number 1, 3, and 6, and the Code, §26.121(a), by failing to comply with permitted effluent limits for five-day BOD, pH, and DO; PENALTY: $9,960; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(27) COMPANY: City of Tyler; DOCKET NUMBER: 2007-1900-PWS-E; IDENTIFIER: RN101385870; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(B), by failing to operate the disinfection equipment to maintain a minimum disinfectant residual of 0.5 milligrams per liter; and 30 TAC §290.110(c)(4)(B), by failing to monitor the disinfectant residual at representative locations throughout the distribution system; PENALTY: $5,295; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(28) COMPANY: City of Wichita Falls; DOCKET NUMBER: 2007-1752-MSW-E; IDENTIFIER: RN103049557; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: type I MSW landfill; RULE VIOLATED: 30 TAC §330.121(a) and MSW Permit Number 1428A, Part III, Attachment 15, Section 2.2.1, by failing to comply with the approved site operating plan; PENALTY: $15,100; ENFORCEMENT COORDINATOR: Cynthia McKaughan, (512) 239-0735; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(29) COMPANY: Zee Smoke Inc. dba Lucky Stop; DOCKET NUMBER: 2008-0006-PST-E; IDENTIFIER: RN102784451; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(1)(C) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II Vapor recovery system in proper operating condition; 30 TAC §334.50(d)(1)(B)(iii)(IV) and the Code, §26.3475(c)(1), by failing to provide proper release detection; 30 TAC §334.8(c)(4)(A)(vii) and §334.8(c)(5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration or self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; and 30 TAC §334.10(b) and §334.50(e)(2)(A), by failing to maintain UST release detection records and make them available for review upon request by agency personnel; PENALTY: $13,770; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
TRD-200802119
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 22, 2008
Notice issued April 14, 2008.
TCEQ Internal Control No. 02082008-D03; JM Texas Land Fund No. 4 LP (the "Petitioner") filed a petition for creation of Harris County Municipal Utility District No. 476 (the "District") with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 296.29 acres located in Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas. By Ordinance No. 2007-1235, effective November 13, 2007, the City of Houston, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $35,405,000.
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.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. 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) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing;" (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests 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 Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200802152
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 23, 2008
The purpose of the meeting is to obtain public input and information concerning the proposal of the Process Instrumentation and Electrical (PIE), Inc., facility (the facility) in Odessa, Ector County, Texas to the state registry of Superfund sites, the identification of potentially responsible parties, and the proposal of non-residential land use.
The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, as amended (the Act), to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the October 5, 2007, issue of the Texas Register (32 TexReg 7120).
Pursuant to the Act, §361.184(a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the facility is located. With this publication, the commission hereby gives notice of a facility that the executive director has determined eligible for listing, and which the executive director proposes to list on the state registry. By this publication, the commission also gives notice pursuant to the Act, §361.1855, that it proposes a land use other than residential as appropriate for the facility identified below. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site. The TCEQ is proposing a land use designation of commercial/industrial based on the existing land use of the property, as is prescribed in the Texas Risk Reduction Program rule in 30 Texas Administrative Code (TAC) §350.53.
This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list the facility was also published on May 2, 2008, in the Odessa American.
The facility proposed for listing is located within the PIE property and consists of a cinder block building where a chrome plating shop once operated. The site consists of approximately 3.832 acres and is located at 4817 Andrews Highway, Odessa, Ector County, Texas. The latitude of 31 degrees 53 minutes 23 seconds North and longitude of 102 degrees 23 minutes 18 second West are centered at the southwest corner of the property at the intersection of West 48th Street and Andrews Highway (or Highway 385). The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the commission to evaluate potential, relative risk to public health and the environment from releases or threatened releases of hazardous substances. The site description may change as additional information is gathered on the sources and extent of contamination.
The site is located in a light commercial/residential area adjacent to the Odessa city limits. It is believed a chrome plating shop operated on the site between 1964 and 1974. The property changed hands after the chrome plating operations ceased. The current owner, is Oil and Gas Construction, Inc., who previously operated an oil field-related facility at the site. The site is currently inactive.
In 1994, the Region 7 field office of the Texas Natural Resource Conservation Commission (TNRCC), predecessor agency to the TCEQ, responded to a complaint concerning a green discoloration in the PIE facility's well water located at 4817 Andrews Highway, Odessa, in Ector County. The TNRCC Region 7 sampled nine water wells for total chromium. Chromium was detected in two on-site wells above the United States Environmental Protection Agency (EPA) National Primary Drinking Water Regulations Maximum Contaminant Level (MCL) of 100 parts per billion (ppb) for total chromium (chromium (III) and chromium (VI)). In addition, two wells at 206 West 48th Street (located directly west of the PIE site) had total chromium values above the detection limit but below the MCL of 100 ppb. The remaining five wells were below detection limits.
Following a determination by the Enforcement Screening committee in 1995 that PIE was financially unable to fund the investigation and remediation, the facility was referred to the Superfund Cleanup Division for further investigation and remediation.
During December 2005 and January 2006, the TCEQ collected samples from 23 groundwater wells and detected the volatile organic compounds 1,2-dichloroethane (1,2-DCA) and tetrachloroethene (PCE), and the metal chromium in nine wells. PCE was detected between 0.50 and 630 ppb as compared to the MCL of 5 ppb; 1,2-DCA was detected between 3.64 and 11,810 ppb as compared to the MCL of 5 ppb; and chromium (VI) was detected between 22.2 ppb and 1,340 ppb as compared to the total chromium MCL of 100 ppb. Of the wells that had detections, four were residential drinking water wells and one was a commercial drinking water well. As part of a removal action to protect human health, the TCEQ installed four filtration systems. All other residences were found to be connected to city water. To date, the TCEQ continues to quarterly monitor the groundwater contaminate-plumes and maintain the filtration systems.
A public meeting will be held at 7:00 p.m. June 5, 2008, in the Community Room at Odessa College Student Union Building, which is located at 201 West University, Odessa, Texas. The purpose of this meeting is to obtain additional information regarding the facility relative to its eligibility for listing on the state registry, identify additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility is located. The public meeting is not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).
All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., June 4, 2008, and should be sent in writing to Diane Poteet, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 136, P.O. Box 13087, Austin, Texas 78711-3087 or facsimile at (512) 239-2303. The public comment period for this action will end at the close of the public meeting on June 5, 2008.
A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Ector County Public Library, 321 West 5th Street, Odessa, Texas, (432) 332-0633, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.
Information is also available regarding the state Superfund program on the TCEQ Web site at www.tceq.state.tx.us/remediation/superfund/index.html.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact Kelly Peavler at (800) 633-9363 or (512) 239-1352. Requests should be made as far in advance as possible.
For further information about the PIE proposed state Superfund site or the public meeting, please call Kelly Peavler, TCEQ Community Relations, at (800) 633-9363, extension 1352.
TRD-200802112
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 22, 2008
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 290, Public Drinking Water.
The proposed rulemaking would implement Section 11 of House Bill (HB) 4, HB 1391, and §2.28 of Senate Bill 3, 80th Legislature, 2007. The proposed rulemaking would establish rules for structures that are connected to a public water supply system and have a rainwater harvesting system for indoor use and establish standards for maintaining sufficient water pressure for service to fire hydrants in residential areas in municipalities with a population of 1,000,000 or more.
The commission will hold a public hearing on this proposal in Austin on May 29, 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 2007-046-290-PR. The comment period closes June 2, 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 Cindy Haynie, Public Drinking Water Section at (512) 239-3465.
TRD-200802021
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: April 18, 2008
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 334, Underground and Aboveground Storage Tanks, under the requirements of Texas Health and Safety Code, §382.017; and Texas Government Code, Chapter 2001, Subchapter B.
The proposed rulemaking would implement House Bill (HB) 3554 and HB 1956, 80th Legislature, 2007, Regular Session. At the request of the commission, the preamble of this rule proposal also specifically requests comments on the question of whether Leaking Petroleum Storage Tank (LPST) sites should be removed from the Texas Risk Reduction Program (TRRP) requirements in 30 TAC Chapter 350.
The commission will hold a public hearing on this proposal in Austin on May 27, 2008, 10:00 a.m. at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle in Building E, Room 201S. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing.
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Michael Parrish, Office of Legal Services, at (512) 239-2548.
Comments may be submitted to Michael Parrish, 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 2007-037-334-PR. The comment period closes June 2, 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 Anton Rozsypal, Remediation Division, (512) 239-5755.
TRD-200802064
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 18, 2008
The following notices were issued during the period of April 10, 2008 through April 18, 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
CITY OF GARLAND has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010090002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 24,000,000 gallons per day. The facility is located at 2500 East Centerville Road, about 1/4 mile south of the intersection of State Highway 66, on the southeast corner where Missouri, Kansas and Texas Railroad tracks cross Centerville Road in Dallas County, Texas.
CITY OF LA FERIA has applied for a major amendment to TPDES Permit No. WQ0010697002 to authorize an additional outfall for the discharge of treated effluent not to exceed 800,000 gallons per day via pipeline to a series of wetlands; thence to a drainage ditch; thence to another drainage ditch; thence to the Arroyo Colorado Above Tidal in Segment No. 2202 of the Nueces-Rio Grande Coastal Basin. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,250,000 gallons per day. The facility will be located on South Rabb Road, approximately 0.6 miles south of U.S. Highway 83 Business in Cameron County, Texas.
CITY OF SHENANDOAH has applied for a renewal of TPDES Permit No. WQ0012212002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. The facility is located approximately 800 feet east of Interstate Highway 45 and 4,000 feet north of Tamina Road in the City of Shenandoah in Montgomery County, Texas.
GUADALUPE BLANCO RIVER AUTHORITY has applied for a renewal of Permit No. WQ0004438000 to authorize the land application of wastewater treatment plant sewage sludge for beneficial use on 47.914 acres. The land application site is located one mile west of the City of Marion on Gerdes Road, approximately 0.8 mile north of the intersection of Gerdes Road and Santa Clara Road in Guadalupe County, Texas.
HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO 58 has applied for a renewal of TPDES Permit No. WQ0010668001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 550,000 gallons per day. The facility is located at 20410 Buffalo Trail in the Indian Shores Subdivision, approximately 4 miles south-southwest of the intersection of Farm-to-Market Road 1960 and Farm-to-Market Road 2100 in Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 155 has applied for a major amendment to TPDES Permit No. WQ0012726001 to authorize an increase in the effluent limitations for Total Copper. A copper water effects ratio (WER) of 4.65 was deemed approvable by the Environmental Protection Agency (EPA) on January 14, 2008 and was used to reevaluate the need for copper limits. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,550,000 gallons per day. The facility is located on the southern bank of Horsepen Creek, approximately 8,500 feet north of Farm-to-Market Road 529 and 9,000 feet west of Farm-to-Market Road 1960 in Harris County, Texas.
K-3 RESOURCES LP has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004538000 (EPA I.D. TXL005011) to authorize the processing of municipal wastewater treatment plant sludge by lime stabilization at a 0.4 acre facility. This permit will not authorize a discharge of pollutants into waters in the State. The facility is located inside the Karlis Ercums III Trust Property, which is located in northwest corner of the intersection of State Highway 362 and State Highway 529, in Waller County, Texas.
LAURA REDOW KARBALAI has applied for a renewal of TPDES Permit No. WQ0012761001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 0.05 million gallons per day. The facility is located approximately 0.25 mile southeast of the intersection of State Highway 105 and Old State Highway 105, approximately 0.25 mile west of the intersection of State Highway 105 and East Beach Road in Montgomery County, Texas.
LAURA REDOW KARBALAI has applied for a renewal of TPDES Permit No. WQ0014217001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located approximately 900 feet north and 1,900 feet east of the intersection of Airline Drive and Carby Street in Harris County, Texas.
NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a renewal of TPDES Permit No. WQ0014469001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,000,000 gallons per day. The facility is located at 2501 Crenshaw Road, which is at the southernmost corner of Crenshaw Road 1 1/4 miles southeast of the intersection of Crenshaw Road and Farm-to-Market Road 548, near the confluence of Parker Creek and Sabine Creek in Rockwall County, Texas.
RESCAR INDUSTRIES INC, which operates a railcar cleaning and repair facility, has applied for a renewal of TPDES Permit No. WQ0001922000, which authorizes the discharge of treated and untreated wastewater, and uncontaminated storm water at a daily maximum flow not to exceed 100,000 gallons per day via Outfall 001. The facility is located at 407 West Brentwood, southwest of the intersection of West Brentwood Drive and the Union-Pacific Railroad, approximately one (1) mile east of Beltway 8 in the City of Channelview, Harris County, Texas.
SHELDON ROAD MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0010541001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 210,000 gallons per day. The facility is located approximately 1.25 miles south-southwest of the intersection of U.S. Highway 90 and Sheldon Road in Harris County.
THE CITY OF CARTHAGE has applied for a major amendment to TPDES Permit No. WQ0010074003 to authorize the disposal of treated sewage sludge on 41 acres of pastureland adjacent to the plant site. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,600,000 gallons per day. The facility is located at 1133 Hills Lake Road, east of the City of Carthage and south of Hoggs Bayou, approximately 1.5 miles east of the intersection of U.S. Highways 59 and 79 in Panola 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-200802150
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 23, 2008
Notice issued April 10, 2008.
APPLICATION NO. 02-4900A; Valley NG Power Company LLC, applicant, 1601 Bryan Street, Dallas, Texas, 75201-3411, has applied for an amendment to Certificate of Adjudication No. 02-4900 to divert and use an additional 6,400 acre-feet of water per year, released from Valley NG Power Company LLC's 16,400 acre-feet of storage in an existing reservoir (Lake Texoma), owned by the United States Army Corps of Engineers, on the Red River, Red River Basin, in Grayson County for industrial (cooling) purposes. More information on the application and how to participate in the permitting process is given below. Notice of this application was issued on August 2, 2007 to the water right holders of record in the Red River Basin, and the comment period ended on September 4, 2007. The applicant has since provided information on its name change from TXU Generation Company LP to Valley NG Power Company LLC and also deleted its request to increase the diversion rate from Lake Texoma. The application was received on August 17, 2006. Additional information and fees were received on November 8, 2006, May 8, June 14, July 24, October 11, December 4, and December 14, 2007. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on December 28, 2006. Written public comments and requests for a public meeting should be received in 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-200802151
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 23, 2008
Request for Offers #303-8-11539
The Texas Facilities Commission (TFC), on behalf of the Texas Department of Public Safety (DPS), announces the issuance of a Request for Offers (RFO) #303-8-11539 to solicit Offers to sell qualified parcels of land to DPS, located in an area within the City of El Paso, El Paso County, Texas. The site should contain a minimum of 2 acres of land or 87,120 square feet of contiguous land, which is the preferred size. However, sites greater than 2 acres will be considered.
The deadline for questions is May 6, 2008 and the deadline for offers is May 12, 2008 at 3:00 p.m. The award date is to be determined. TFC reserves the right to accept or reject any or all offers submitted. TFC is under no legal or other obligation to issue an award on the basis of this notice or the distribution of a RFO. Neither this notice nor the RFO commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting an offer may obtain information by contacting Richard Ehlert at (512) 463-0209 or Richard.Ehlert@tfc.state.tx.us. A copy of the RFO may be downloaded from the Electronic State Business Daily at: http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=76235.
TRD-200802157
Kay Molina
General Counsel
Texas Facilities Commission
Filed: April 23, 2008
The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), announces the issuance of Request for Proposals (RFP) #303-8-10871. TFC seeks a five (5) or ten (10) year lease of approximately 3,953 square feet of office space in Levelland, Hockley County, Texas.
The deadline for questions is May 9, 2008 and the deadline for proposals is May 16, 2008 at 3:00 p.m. The award date is June 18, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at: http://esbd.cpa.state.tx.us/1380/bid_show.cfm?bidid=76182.
TRD-200802069
Kay Molina
General Counsel
Texas Facilities Commission
Filed: April 21, 2008
Notice of Public Hearing on Proposed Medicaid Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 19, 2008, at 9:00 a.m. to receive public comment on the proposed interim per diem Medicaid reimbursement rate for small, state-operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) operated by the Texas Department of Aging and Disability Services (DADS).
The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code Title 1, §355.105(g), which requires public notice and hearings on proposed Medicaid reimbursements before such rates are approved by HHSC. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. As the single state agency for the state Medicaid program, HHSC proposes the following interim daily reimbursement rate for small, state-operated ICF/MR facilities operated by DADS: $340.99.
HHSC is proposing these interim rates so that adequate funds will be available to serve clients in these facilities. The proposed interim rate accounts for actual and projected increases in costs to operate these facilities and a change in the provider base due to the closure or conversion of a large number of facilities. The proposed interim rates will be effective September 1, 2007, if approved.
Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodologies codified at Texas Administrative Code Title 1, Chapter 355, Subchapter D, §355.456(e), relating to Reimbursement Determination for State-Operated Facilities.
Briefing Package. A briefing package describing the proposed payment rates will be available on May 5, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-200802052
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 18, 2008
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on May 20, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rate for Case Management for the Blind and Visually Impaired Children's Program (BVICP). This program is operated by the Texas Department of Assistive and Rehabilitative Services (DARS). The public hearing will be held in the Permian Basin Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. The hearing will be held in compliance with 1 TAC §355.105(g), which requires public hearings on proposed Medicaid reimbursements. Persons requiring ADA accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174 at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. The proposed payment rate calculation is based on audited financial and statistical data reported by DARS BVICP for its 2007 fiscal year. The payment rate is proposed to be effective June 1, 2008.
Methodology and Justification. The proposed payment rate was developed pursuant to the reimbursement methodology rules, 1 TAC §355.8381, relating to Reimbursement Rates for Case Management.
Briefing Package. A briefing package describing the proposed payment rate will be available on or after May 2, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at kimbra.rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rate may be submitted in lieu of or in addition to oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to kimbra.rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-200802073
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 21, 2008
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on May 19, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rate for procedure code K0730 associated with the Respiratory Equipment and Supplies - Home Health policy. 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 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.
Proposal. The proposed effective date for the Medicaid fee for durable medical equipment (DME) procedure code K0730, a controlled dose inhalation drug delivery system, is June 1, 2008, along with the associated medical policy changes.
Methodology and Justification. The proposed payment rate is calculated in accordance with 1 TAC §355.8021(c), which addresses the Reimbursement Methodology for Home Health Services and 1 TAC §355.8441(3), relating to the Reimbursement Methodologies for Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Services.
Briefing Package. A briefing package describing the proposed payment rate will be available on or after May 5, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rate may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1174 by May 14, 2008, so appropriate arrangements can be made.
TRD-200802117
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 22, 2008
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on May 19, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rate for procedure code J1830 associated with the Medicaid Injections - Interferon (Pentostatin) policy. 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 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.
Proposal. The proposed effective date for the Medicaid fee for the physician-administered drug procedure code J1830 is June 1, 2008, along with the associated medical policy changes.
Methodology and Justification. The proposed payment rate is calculated in accordance with 1 TAC §355.8085, relating to the Texas Medicaid Reimbursement Methodology (TMRM) for Physicians and Certain Other Practitioners; and the specific fee guidelines published in Section 2.2.1.2 of the 2008 Texas Medicaid Provider Procedures Manual.
Briefing Package. A briefing package describing the proposed payment rate will be available on or after May 5, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rate may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1174 by May 14, 2008, so appropriate arrangements can be made.
TRD-200802118
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 22, 2008
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on May 19, 2008 at 1:30 p.m. to receive public comment on proposed Medicaid rates for 23 procedure codes associated with 2008 Healthcare Common Procedure Code System (HCPCS) updates. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.
Proposal. The proposed payment rates for twenty-two procedure codes associated with the 2008 HCPCS annual update include 14 physician-administered drugs procedure codes, three expendable medical supplies procedure codes, and five durable medical equipment (DME) procedure codes and are proposed to be effective retroactively to January 1, 2008. The proposed payment rate for one procedure code associated with the first quarter 2008 HCPCS update includes one DME procedure code and is proposed to be effective retroactively to April 1, 2008.
Methodology and Justification. The proposed payment rates for the physician-administered drugs procedure codes are calculated in accordance with 1 TAC §355.8085, relating to the Texas Medicaid Reimbursement Methodology (TMRM) for Physicians and Certain Other Practitioners and the specific fee guidelines published in Section 2.2.1.2 of the 2008 Texas Medicaid Provider Procedures Manual. The proposed payment rates for the expendable medical supplies procedure codes are calculated in accordance with 1 TAC §355.8021(b), relating to the Reimbursement Methodology for Home Health Services, and 1 TAC §355.8441(2), relating to the Reimbursement Methodologies for Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Services. The proposed payment rates for the DME procedure codes are calculated in accordance with 1 TAC §355.8021(c), which addresses the reimbursement methodology for DME as a home health service and 1 TAC §355.8441(3), relating to the reimbursement methodology for DME under the Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Program, which is known as the Texas Health Steps Program or THSteps.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after May 5, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1175; by fax at (512) 491-1998; or by e-mail at Kimbra.rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1358 by May 14, 2008, so appropriate arrangements can be made.
TRD-200802120
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 22, 2008
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on May 19, 2008 at 1:30 p.m. to receive public comment on proposed Medicaid rates for eight laboratory procedure codes associated with 2008 Healthcare Common Procedure Coding System (HCPCS) first quarter updates. 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. These procedure codes were added as new benefits under the Texas Medicaid Program in the May/June 2008 Texas Medicaid Bulletin, No. 215. The proposed payment rates for the new eight laboratory procedure codes associated with the 2008 HCPCS first quarter update include seven clinical laboratory procedure codes and one laboratory procedure and are proposed to be effective retroactively to April 1, 2008.
Methodology and justification. The proposed payment rates for the clinical laboratory procedure codes are calculated in accordance with 1 TAC §355.8610, relating to Reimbursement for Clinical Laboratory Services. The proposed payment for the one laboratory procedure code is calculated in accordance with 1 TAC §355.8081, which includes the reimbursement methodology for laboratory services.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after May 5, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1175; by fax at (512) 491-1998; or by e-mail at Kimbra.rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at 512-491-1358 by May 14, 2008, so appropriate arrangements can be made.
TRD-200802143
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 23, 2008
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 19, 2008 at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for procedure codes 95250 and 95251 associated with the Continuous Glucose Monitoring Systems policy. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.
Proposal. These two procedure codes are being added as benefits under the Texas Medicaid Program effective June 1, 2008.
Methodology and Justification. The proposed payment rates for physician services procedure codes 95250 and 95251 are calculated in accordance with 1 TAC §355.8085, relating to the Texas Medicaid Reimbursement Methodology (TMRM) for Physicians and Certain Other Practitioners.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after May 5, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1174; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1358 by May 14, 2008, so appropriate arrangements can be made.
TRD-200802153
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 23, 2008
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 19, 2008 at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for proton therapy procedure codes 77520, 77522, 77523, and 77525. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.
Proposal. The proposed updated rates for the four proton therapy procedure codes are the result of a fee review, are calculated in accordance with 1 TAC §355.8081, and are proposed to be effective June 1, 2008.
Methodology and Justification. The proposed payment rates for the four proton therapy procedure codes are considered radiation therapy and are calculated in accordance with 1 TAC §355.8081, which includes the reimbursement methodology for radiation therapy services.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after May 5, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1174; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1358 by May 14, 2008, so appropriate arrangements can be made.
TRD-200802154
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 23, 2008
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 19, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for enteral formulae, enteral medical supplies, parenteral nutrition solutions, and parenteral supplies. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.
Proposal. The proposed updated rates are the result of a Medicaid fee review and are proposed to be effective June 1, 2008.
Methodology and Justification. The proposed payment rates for enteral formulae, enteral medical supplies, parenteral nutrition solutions, and parenteral supplies are considered expendable medical supplies and are calculated in accordance with 1 TAC §355.8021(b), which addresses the Reimbursement Methodology for Expendable Medical Supplies as a Home Health Service, and 1 TAC §355.8441(2), relating to the Reimbursement Methodologies for Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Services (known in Texas as THSteps).
Briefing Package. A briefing package describing the proposed payment rates will be available on or after May 5, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra. Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1174; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1358 by May 14, 2008, so appropriate arrangements can be made.
TRD-200802155
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 23, 2008
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 23, 2008, at 9:00 a.m. to receive public comment on proposed payment rates for Overnight Companion Services in the Community Based Alternatives (CBA) Program waiver. The Department of Aging and Disability Services (DADS) operates this waiver program.
The public hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.105(g), which require public notice, and that public hearings be held on proposed reimbursement rates before such rates are approved by HHSC. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring American with Disabilities Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. HHSC proposes to adopt a rate for the service listed above. The proposed rate will be effective June 1, 2008, and was determined in accordance with the rate setting methodologies listed below under Methodology and Justification.
Methodology and Justification. The proposed rate was determined in accordance with the rate setting methodologies codified at 1 TAC Chapter 355, Subchapter A, §355.101, Introduction, and Subchapter E, §355.503(c), Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs. Overnight Companion Services is a new service that will be available to CBA consumers as soon as the proposed rate is approved and effective. Overnight Companion Services is a demonstration service available only to eligible CBA Money Follows the Person (MFP) Demonstration participants residing in Cameron, Hidalgo and Willacy counties.
Briefing Package. A briefing package describing the proposed payment rates will be available on May 9, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-200802158
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 23, 2008
The Texas Health and Human Services Commission (HHSC) announces its intent to submit a new 1915(c) Medicaid waiver. The proposed waiver program is intended to provide community-based services to children with severe emotional disturbances and their families, with a goal of reducing or preventing children's inpatient psychiatric treatment and their consequent removal from their families. The waiver program is estimated to serve up to 300 youth at any given time who are under age 19 and who are predicted to remain in the waiver program for 12 months.
The 78th and 79th Texas Legislatures directed HHSC through General Appropriations Act riders 11 and 8, respectively, to use appropriated money to develop and implement a plan to prevent custody relinquishment of youth with serious emotional disturbance. While Texas currently has other 1915(c) waivers that serve children with physical or developmental disabilities, HHSC and the Department of State Health Services (DSHS) chose to submit a new 1915(c) waiver because the current waivers do not serve children with severe emotional disturbance who do not also have other disabilities. This proposed waiver will help address this gap. The waiver would initially be piloted in a limited geographic area, with the opportunity to expand to other areas if the waiver is successful.
HHSC plans to request that the waiver be effective September 1, 2009. The proposed waiver meets federal cost neutrality requirements and can be implemented within the current state Medicaid budget. For cost neutrality purposes for the federal formula projections, the waiver is estimated to result in cost savings of approximately $38.5 million for the waiver period of September 1, 2009, through July 31, 2011, with savings of approximately $23.4 million in federal funds and $15.1 million in state general revenue. Experience is needed to demonstrate the actual cost impact.
To obtain copies of the proposed waiver, interested parties may contact Betsy Johnson, Texas Health and Human Services Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200, phone (512) 491-1199, fax (512) 491-1953, e-mail Betsy.johnson@hhsc.state.tx.us.
TRD-200802128
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 22, 2008
Licensing Actions for Radioactive Materials
TRD-200802010
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: April 17, 2008
Request for Proposals: College Readiness Test Alignment Project - Phase 1
PURPOSE: The Texas Higher Education Coordinating Board (hereinafter referred to as THECB or Coordinating Board), an agency of the State of Texas, is requesting proposals from qualified applicants as outlined in this documents. This Request for Proposals (hereinafter referred to as RFP) is being advertised pursuant to the Texas Government Code Chapter 2254 et seq. Please read this entire RFP and submit your proposal in accordance with these instructions.
The Third Special Called Session of the 79th Texas Legislature added §28.008 to the Texas Education Code (TEC), entitled "Advancement of College Readiness in Curriculum," requiring the development of College Readiness Standards (CRS) by teams of higher education and public education faculty. The THECB and Commissioner of Education approved the CRS in January 2008. Under Objective 2 of the P-16 College Readiness and Success Strategic Action Plan adopted by the THECB, the state P-16 Council, and the Commissioner of Education pursuant to TEC §51.3061, the THECB and the Texas Education Agency (TEA) are to "align exit-level assessments of public education with entry-level expectations of higher education and the skilled workforce." To address Objective 2, the current assessments for determining college readiness under the Texas Success Initiative (TSI) as outlined under TEC §51.3062 must be analyzed and aligned to ensure accurate measurement of a student's ability to successfully complete entry level college coursework.
AWARD OF CONTRACT: Contract will be negotiated with an entity that is selected from among the Applicants that are determined through the evaluation process to have a successful Proposal. Submission of a Proposal confers no rights of Applicant to an award or to a subsequent Contract, if there is one. The issuance of this RFP does not guarantee that a Contract will ever be awarded. THECB reserves the right to amend the terms and provisions of the RFP, negotiate with Applicant, add, delete, or modify the Contract and/or the terms of Proposal submitted, extend the deadline for submission of Proposal, or withdraw the RFP entirely for any reason solely at THECB's discretion. An individual Proposal may be rejected if it fails to meet any requirement of this RFP. THECB may seek clarification from Applicant at any time, and failure to respond within a reasonable time frame is cause for rejection of a Proposal.
INQUIRIES: All inquiries shall be directed to Laurie Frederick, Program Specialist, at Laurie.Frederick@thecb.state.tx.us. Applicant must not discuss a Proposal(s) with any other THECB employee unless authorized by one of the Points of Contact. Questions must be submitted in writing and received no later than May 9, 2008 at 5:00 p.m. CST. All responses by THECB must be in writing in order to be binding. Any information deemed by THECB to be important and of general interest or which modify requirements shall be sent to all recipients of the RFP in the form of an addendum.
CLOSING DATE: May 16, 2008
TRD-200802137
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Filed: April 23, 2008
The Texas Department of Insurance proposed the repeal of 28 TAC §§7.8, 7.15, 7.27, 7.71, 7.613, 7.1012, and 7.1701 - 7.1711, concerning corporate and financial regulation. The notice appeared in the April 18, 2008, issue of the Texas Register (33 TexReg 3158).
An error appears in the rule preamble on page 3159. Under the heading "REQUEST FOR PUBLIC COMMENT", the deadline for submitting comments is stated to be April 18, 2008. The correct deadline date is May 18, 2008. The sentence should read as follows:
"To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on May 19, 2008 to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113 - 2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104."
TRD-200802148
The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.
Application of CHAPPELLE CONSULTING GROUP, INC., a foreign third party administrator. The home office is BIRMINGHAM, ALABAMA.
Application of CULTURAL INSURANCE SERVICES INTERNATIONAL, INC., a foreign third party administrator. The home office is WILMINGTON, DELAWARE.
Application to change the name of PROFESSIONAL CLAIM SERVICES, INC. (using the assumed name of WELLPOINT PHARMACY MANAGEMENT) to NEXTRX SERVICES, INC., a foreign third party administrator. The home office is BUFFALO, NEW YORK.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.
TRD-200802156
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 23, 2008
Instant Game Number 1092 "Red Hot 5's"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1092 is "RED HOT 5'S". The play style for Game 1 is "key number match". The play style for Game 2 is "three in a line". The play style for Game 3 is "key symbol match". The play style for Game 4 is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1092 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1092.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000, $50,000, BELL SYMBOL, DIAMOND SYMBOL, GOLD BAR SYMBOL, MONEY BAG SYMBOL, COIN SYMBOL, HORSESHOE SYMBOL, MONEY SYMBOL, TOP HAT SYMBOL, 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 5X SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
FIGURE 1: GAME NO. 1092 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $500.
H. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1092), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1092-0000001-001.
K. Pack - A pack of "RED HOT 5'S" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "RED HOT 5'S" Instant Game No. 1092 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule, §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "RED HOT 5'S" Instant Game is determined once the latex on the ticket is scratched off to expose 64 (sixty-four) Play Symbols. In Game 1, if a player matches any of YOUR AMOUNTS play symbols to the LUCKY AMOUNT play symbol, the player wins that AMOUNT. In Game 2, if a player reveals 3 "5" play symbols in any one row, column or diagonal, the player wins PRIZE shown in PRIZE box. In Game 3, if a player reveals 3 matching play symbols in the same PLAY, the player wins PRIZE shown in PRIZE LEGEND. In Game 4, if a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins PRIZE shown for that number. If a player reveals a "5X" play symbol, the player wins 5 TIMES the PRIZE shown instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 64 (sixty-four) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 64 (sixty-four) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 64 (sixty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 64 (sixty-four) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. The top prize symbol will appear on every ticket unless otherwise restricted.
C. Non-winning prize symbols will never be the same as the winning prize symbol(s).
D. GAME 1: No duplicate non-winning YOUR AMOUNTS play symbols on a ticket.
E. GAME 2: There will be a minimum of three and a maximum of five "5" play symbols on every ticket.
F. GAME 2: There will be no occurrence of any 3 matching play symbol other than the "5" appearing in a row, column or diagonal line.
G. GAME 2: This game may only win once.
H. GAME 3: There will never be three matching non-winning play symbols in a horizontal row across two PLAYS.
I. GAME 3: There will be many near wins on non-winning plays which is defined as 2 matching play symbols within a PLAY.
J. GAME 3: No duplicate non-winning PLAYS in any order on a ticket.
K. GAME 4: No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
L. GAME 4: No duplicate WINNING NUMBERS play symbols on a ticket.
M. GAME 4: No 5 or more matching non-winning prize symbols.
N. GAME 4: The "5X" (5 time multiplier) play symbol will only appear as dictated by the prize structure.
O. GAME 4: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 10 and $10).
2.3 Procedure for Claiming Prizes.
A. To claim a "RED HOT 5'S" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "RED HOT 5'S" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "RED HOT 5'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "RED HOT 5'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "RED HOT 5'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1092. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1092 without advance notice, at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1092, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director.
TRD-200802017
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 17, 2008
The Panhandle Regional Planning Commission (PRPC) is seeking proposals for a leased facility to house the Workforce Solutions Panhandle office in Hereford, Texas. The space should offer approximately 6,000 to 8,000 square feet of contiguous space that can be appropriately configured for business/professional use. The office is currently located at 121 W. Park Avenue.
A copy of the Request for Proposals can be obtained by contacting Leslie Hardin, PRPC's Workforce Development Facilities Coordinator at (806) 372-3381 or lhardin@theprpc.org. Proposals must be received at PRPC by 3:00 p.m. on May 30, 2008.
TRD-200802113
Leslie Hardin
Workforce Development Facilities Training and Support Coordinator
Panhandle Regional Planning Commission
Filed: April 22, 2008
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on April 15, 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 Grande Communications Networks, Inc. for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35571 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the City Limits of Robinson, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35571.
TRD-200802030
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 18, 2008
The Public Utility Commission of Texas received an application on April 18, 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 Time Warner Cable for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35579 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the City Limits of Columbus, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35579.
TRD-200802123
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 22, 2008
Notice is given to the public of an application filed on April 7, 2008, with the Public Utility Commission of Texas for an amendment to a certificated service area boundary.
Docket Style and Number: Application of Guadalupe Valley Telephone Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for a Minor Boundary Amendment Between the Sabina Exchange and Verizon SW Boerne Exchange (Lerin Hills Subdivision). Docket Number 35544.
The Application: The application is being filed to amend the boundary between Guadalupe Valley Telephone Cooperative, Inc.'s (GVTC) Sabina exchange and Verizon SW's (Verizon) Boerne exchange. The proposed boundary change is being made to encompass all of the Lerin Hills Subdivision into Verizon's Boerne exchange so that the entire subdivision will be served by Verizon. Verizon has provided a letter of concurrence endorsing this proposed change.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by May 9, 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 35544.
TRD-200802053
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 18, 2008
Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 11, 2008, for designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418, and designation as an eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.417.
Docket Title and Number: Application of Quality Telephone for Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider. Docket Number 35562.
The Application: The company is requesting ETC and ETP designation in the exchanges and study areas of Southwestern Bell Telephone Company d/b/a AT&T Texas, Verizon Southwest, Embarq, and Consolidated Communications.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by May 20, 2008. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 35562.
TRD-200802114
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 22, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 14, 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 Peerless Network of Texas, LLC for a Service Provider Certificate of Operating Authority, Docket Number 35565 before the Public Utility Commission of Texas.
Applicant intends to provide facilities-based and resale telecommunications services.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 7, 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 35565.
TRD-200802029
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 18, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 15, 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 Kentucky Data Link, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 35569 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, Optical Services, T1-Private Line, Frame Relay, Fractional T1, and long distance services.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 7, 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 35569.
TRD-200802051
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 18, 2008
Notice is given to the public of an application filed on April 15, 2008 with the Public Utility Commission of Texas (commission) for waiver of certain reporting requirements in P.U.C. Substantive Rules Chapter 26, Subchapters C and D.
Docket Style and Number: Application of Southwest Arkansas Telephone Cooperative, Inc., for Waiver of Certain Reporting Requirements in P.U.C. Substantive Rules Chapter 26, Subchapters C and D. Docket Number 35570.
The Application: Southwest Arkansas Telephone Cooperative, Inc. (Southwest Arkansas) is a local exchange carrier authorized to provide telephone service in the Bloomburg exchange in Texas under Certificate of Convenience and Necessity No. 40078. The number of access lines served by Southwest Arkansas exclusively in Texas is 488, or less than 9% of the Cooperative's total lines. Applicant is subject to the requirements of the commission's Substantive Rules, specifically Chapter 26, Subchapters C and D, which require the filing of various periodic reports per the general procedures and requirements outlined in P.U.C. Substantive Rule §26.71. The Cooperative believes certain reporting requirements are unduly burdensome and therefore requests a waiver from these requirements pursuant to P.U.C. Procedural Rule §22.5(b) for good cause.
Persons wishing to comment on the action sought or intervene 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. 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 35570.
TRD-200802054
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 18, 2008
On April 18, 2008, U.S. Online filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60025. Applicant intends to relinquish its certificate.
The Application: Application of U.S. Online to relinquish its Service Provider Certificate of Operating Authority, Docket Number 35582.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 7, 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 35582.
TRD-200802122
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 22, 2008
Invitation to Bid (ITB) on Economic Consulting Services
ITB Number: SYS042308
The Texas State Technical College System intends to enter into a contract with a consultant to determine the economic impact of the Texas State Technical College System on business activity in Texas, with an emphasis on enhancing the effectiveness of workforce training in Texas.
Texas is a part of an intense global competition to attract and retain business activity in existing and emerging technological sectors that support economic growth and prosperity. Although there are many factors that play a role in determining the location of desirable industries, one of the most critical is the availability of a well-trained, technical workforce to sustain complex production processes. A substantial number of these needed employees will require baccalaureate and advanced degrees, but recent research indicates that approximately 70 percent of them will be from fields that are based on sophisticated technical training.
The TSTC System has been a vital part of the educational complex of the state for decades and is a major source of skilled workers that serve to make Texas competitive for high growth enterprises. At present, however, TSTC receives much of its funding based on a set of parameters and formulas which is less than optimal. In particular, the current approach provides incentives to maximize contact hours and offer two-year programs. In reality, many of the most critical technical occupations currently require certifications and training that can be accomplished in a shorter period of time. Both students and employers prefer this approach, and it is more in line with the overall curricula and programs of TSTC within the Texas educational complex. Thus, the current funding mechanism creates inefficiencies and outcomes which neither make the best use of fiscal resources nor maximize the potential benefits to economic competitiveness. To alleviate this situation, TSTC is proposing a new approach to its appropriations which is results-oriented and tied to its economic and revenue contributions. The purpose of the consulting services sought is to quantify the potential benefits of this alternative mechanism.
The CEO of the Texas State Technical College (TSTC) System, Chancellor Bill Segura, finds that these consulting services are necessary for the following reason: this consulting engagement requires expertise and resources that are not readily available in house, including econometric and impact assessment models that are specific to the State of Texas, and extensive knowledge and expertise in the field of economics as they apply to the State of Texas.
Unless better offers are received, it is the intention of the TSTC System to award the contract for these services to The Perryman Group, a Texas-based economic consulting organization, as they have the requisite resources and expertise, and they have, in the past, conducted economic impact studies for TSTC.
For further information, please email:
Dr. J. Gary Hendricks, Vice Chancellor for Financial & Administrative Services
Texas State Technical College System
3801 Campus Drive
Waco, Texas 76705
Email: ghendricks@systems.tstc.edu
Deadline for the receipt of offers: 2:00 p.m. May 23, 2008. Send offers to the contact noted above.
The contract will be awarded based on an evaluation of the offers by an Evaluation Team. Criteria will include: 1) prior experience with TSTC; 2) consultant's resources and expertise; 3) suitability of consultant's plan of work; 4) time required for conducting the services; and, 5) reasonableness of price.
TRD-200802135
Dr. J. Gary Hendricks
Vice Chancellor for Financial and Administrative Services
Texas State Technical College System
Filed: April 23, 2008
RFP Number: SLR050208
Pursuant to Texas Government Code §2254, Texas State Technical College System (TSTC) requests the submission of proposals leading to the award of a major consulting services contract. TSTC intends to enter into a contract with a consultant to provide Information Technology (IT) Consulting services. The purpose of this engagement is to develop recommendations to bring TSTC into compliance with all State of Texas rules, statutes and guidelines for IT security requirements.
Pursuant to the provisions of Texas Government Code, Chapter 2254, the Chancellor of TSTC has made a finding that Consulting Services are necessary. While TSTC System has many capacities for conducting studies and research into our operations, the task involves resources that are not readily available to us, namely, trained and qualified IT security personnel to successfully accomplish the task.
Pursuant to the provisions of Texas Government Code, Chapter 2254, the award for services will be based on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal, preference will be given to a consultant whose principal place of business is in the State of Texas or who will manage the consulting contract wholly from an office in the state.
TSTC will comply with §2254.027 of the Texas Government Code regarding the selection of a consultant. Responses will be evaluated under the evaluation criteria outlined in the complete RFP.
Previously, TSTC awarded a contract to K2Share, LLC (K2Share) for similar services and was very pleased with the work. Unless a better offer is received, TSTC intends to award this contract to K2Share, LLC of College Station Texas. K2Share is an approved DIR Go DIRect vendor (Vendor ID 174-296-8368-0030) under the DIR contract number DIR-SDD-654.
A complete copy of the RFP can be downloaded from the Texas Marketplace, Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/.
The deadline for the receipt of proposals is June 2, 2008.
For more information, please contact:
Sammy L. Rhodes, Associate Vice Chancellor and CIO
Texas State Technical College System
3801 Campus Drive
Waco, Texas 76705
Email: sammy.rhodes@systems.tstc.edu
TRD-200802136
Sammy L. Rhodes
Associate Vice Chancellor and Chief Information Officer
Texas State Technical College System
Filed: April 23, 2008
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.
For information regarding actions and times for aviation public hearings, please go to the following web site:
www.txdot.gov/about_us/public_hearings_and_meetings/aviation.htm
Or visit www.txdot.gov, click on Citizen, click on Public Hearings, and then click on Aviation.
Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 1-800-68-PILOT.
TRD-200802125
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: April 22, 2008
Notice on Entering into Major Consulting Services Contract
In accordance with the provisions of Chapter 2254, Texas Government Code , The University of Texas System Administration has entered into a contract for consulting services more particularly described in the Request for Qualifications for Professional or Consulting Services for Conceptual Master Planning for the Development of the Brackenridge Tract, published in the Texas Register on December 21, 2007 (32 TexReg 9877). The consultant will develop master plans for the development of the Brackenridge Tract in Austin, Texas. The focus of the conceptual master plans will be the strategic use of the Brackenridge Tract to support the educational mission of The University of Texas at Austin. The plans will be integrated planning documents that consider building sites, streets, parking and land uses; utility infrastructure and capacity; transportation within the tract and between the tract, the surrounding neighborhood, and arterials; recreational and open space, community services, and landscaping; way-finding/graphics; design guidelines, including building heights; compatibility with surrounding neighborhoods; sustainability and stewardship of resources; environmental and endangered species issues; and other relevant components.
The name and address of the consultant is as follows:
Cooper, Robertson & Partners, LLP
311 West 43rd Street
New York, New York 10036
The University of Texas System will pay a not to exceed fixed fee amount of $4,590,782.00, and reimbursable expenses not to exceed $549,100.00. The initial term of the contract shall be for a period starting April 21, 2008, through approximately May or June 2009. The conceptual master plans are due on or about May or June 2009.
Any questions regarding this posting should be directed to:
Ms. Florence P. Mayne
Executive Director
Real Estate Office
The University of Texas System
201 West 7th Street, Suite 416
Austin, Texas 78701
Voice: (512) 499-4333
TRD-200802147
Francie A. Frederick
General Counsel to the Board of Regents
The University of Texas System
Filed: April 23, 2008