Texas Department of Agriculture
Notice of Request for Applications - GO TEXAN Rural Community Beautification Program
The Rural Economic Development Division (REDD) of the Texas Department of Agriculture (TDA) hereby requests applications from communities for the GO TEXAN Rural Community Beautification Program for the period of May 19, 2008, through June 27, 2008. For program information, guidelines and applications contact Sherri Gothart-Barron, Program Coordinator, Rural Economic Development. Mrs. Gothart-Barron may be contacted by telephone in Austin at (512) 936-6339 or Toll free at (877) 428-7848, by fax at (888) 216-9867, or by e-mail at finance@tda.state.tx.us. Information may also be accessed by visiting the program information web page at: http://www.agr.state.tx.us/agr/program_render/0,1987,1848_20584_0_0,00.html?channelId=20584
The "GO TEXAN Rural Community Beautification Program" is a one-time matching funds program developed to assist a rural community in funding a downtown beautification project. Beautification projects must be designed to enhance the appearance of the downtown area through the use of (1) planters, (2) benches, (3) decorative light poles, (4) decorative flags and/or (5) decorative community welcome sign(s); must be permanent in nature; and not directed toward seasonal use. TDA expects that successful applicants will leverage TDA funding by utilizing community resources, such as volunteers from local civic groups, businesses, youth groups, organizations, etc., in a broader downtown beautification effort.
Eligibility. To be eligible for participation in the GO TEXAN Rural Community Beautification Program, the Applicant must be a city or county government that is a GO TEXAN Rural Community Program certified member and be in good standing with TDA. The Applicant will be the sole contact for the application and reimbursement. The Applicant will be responsible for providing the required application information and for the accuracy of the reimbursement requests.
Proposal Requirements. To apply for the GO TEXAN Rural Community Beautification program, the Applicant must (i) submit a fully completed and signed GO TEXAN Rural Community Beautification application; (ii) provide a signed copy of the GO TEXAN License and Agreement to use the GO TEXAN Certification Mark and Tagline; (iii) complete the Rural Community Beautification score sheet; (iv) submit a Proposed Budget; (v) provide support letters from each participating community organization; (vi) submit a signed Acknowledgement of Reading and Understanding Program Guidelines; and (vii) submit a signed original Resolution from the Community. The Applicant will notify TDA of any change in the status of the project. A maximum amount awarded per application is $5,000. The minimum amount awarded is $1,000. Each award requires a 1:1 match. Up to $2,500 of the total match amount can be in the form of in-kind support, which includes volunteer labor, landscaping materials, paint, cleaning supplies, etc. Total funds available for all awards are $100,000. The deadline for submission of applications is June 27, 2008, or until funds are depleted, whichever comes first. To be eligible, an Applicant must score no less than 45 points. Applications will be reviewed in the order received. In the event of a tie score, the tying applications will be ranked from lowest to highest based on the most recently available county poverty rate. Preference will be given to the application with the higher poverty rate.
All approved projects must not begin until the contract is signed and must be completed within 6 months from the date the contract is signed. All approved projects will be subject to audit and periodic reporting requirements. To receive reimbursements timely, all reimbursement requests must be received as described in the GO TEXAN Rural Community Beautification Program guidelines.
Only applications that further or enhance a rural downtown beautification project and are submitted by Applicants physically located in rural Texas will be considered. TDA reserves the right to terminate any award if it determines, in its sole discretion, that a project does not further or enhance the goals of the GO TEXAN Rural Community Beautification Program.
Proposals should be submitted to Sherri Gothart-Barron, Program Coordinator, Rural Economic Development, Texas Department of Agriculture, 1700 North Congress Avenue, 10th Floor, Austin, Texas 78701.
TRD-200802396
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: May 7, 2008
Pursuant to the Texas Administrative Code Title 4, Part 1, Chapter 29, §§29.20 - 29.33, the Marketing and Promotion Division of the Texas Department of Agriculture (department) requests proposals for the GO TEXAN Rural Community Program Bootstrap Bucks reimbursement program projects for the period of May 12, 2008, through August 31, 2009. The GO TEXAN Rural Community Bootstrap Bucks reimbursement program is designed to directly promote tourism by supporting and increasing economic activity in rural Texas communities. Program and project proposal application information can be obtained at: www.gotexan.org or by contacting the Funding Coordinator at (512) 463-7731 or (877) 99GO-TEX.
Eligibility. To be eligible for participation in the reimbursement funds program, an applicant must be a GO TEXAN Rural Community Certified member and in good standing with the department. Information on becoming a GO TEXAN Rural Community Certified member may be obtained at www.gotexan.org, or by contacting the Marketing Coordinator for Rural Texas Communities at (512) 463-6490 or (877) 99GO-TEX. A GO TEXAN Rural Community Certified member who is a city or county may submit a proposal on behalf of an event, festival or fair (hereinafter referred to as "event") in their community. The certified member will be responsible for providing the completed Assessment Form and any additional documentation or information requested by the department to indicate the impact of the project on the community or region. The department has the sole discretion to determine whether a project meets program eligibility requirements.
Proposal Requirements. Each project proposal must use the GO TEXAN Rural Community Bootstrap Bucks project proposal form, located on the GO TEXAN Web site at www.gotexan.org. Each project request submitted by an eligible applicant must describe the advertising or other market-oriented promotional activity to be carried out using reimbursement funds and must include: (i) a cover page including the name, title and address of applicant and, if applicable, agent's information; (ii) a brief description of the event that will be promoted with the dates and location of the event; (iii) how the GO TEXAN Rural Community Bootstrap Bucks reimbursement funds will affect and improve the event; (iv) how the GO TEXAN Rural Community Program will be promoted as part of this promotional campaign; (v) how the applicant will collect the necessary data required on the Assessment Form; (vi) identify one of allowed promotional materials: banners, posters, newspaper advertisements or radio/television broadcast spots which the applicant feels would best promote the event; (vii) a signed original Resolution Authorizing Application from the governing body of the applicant; and (viii) a signed original Procedures and Reimbursement Guidelines signature page. Please send one original for review by the Funding Coordinator. If the application is accepted by the Funding Coordinator, the application will then be distributed to the GO TEXAN Rural Community Bootstrap Bucks Review Committee.
Approved projects' events may not begin until August 27, 2008, and the resulting projects must be completed by August 31, 2009, or the date specified in the grant agreement, whichever is earlier. The GO TEXAN mark and tagline must be utilized on all approved activities or materials. The promotional items purchased with grant funds cannot be sold.
The following is the schedule of submission deadlines:
First Round: May 19, 2008
Deadline for Submission: June 30, 2008
Event Begin Date: August 27, 2008
For events occurring between August 27, 2008 - October 31, 2008.
Second Round: July 1, 2008
Deadline for Submission: July 31, 2008
Event Begin Date: October 1, 2008
For events occurring between October 1, 2008 - December 1, 2008.
Third Round: August 1, 2008
Deadline for Submission: August 31, 2008
Event Begin Date: November 1, 2008
For events occurring between November 1, 2008 - January 1, 2009.
Fourth Round: September 1, 2008
Deadline for Submission: September 30, 2008
Event Begin Date: December 1, 2008
For Event occurring between December 1, 2008 - February 1, 2009.
Fifth Round: October 1, 2008
Deadline for Submission: October 31, 2008
Event Begin Date: January 1, 2009
For event occurring between January 1, 2009 - March 1, 2009.
Sixth Round: November 1, 2008
Deadline for Submission: November 30, 2008
Event Begin Date: February 1, 2009
For event occurring between February 1, 2009 - April 1, 2009.
Seventh Round: December 1, 2008
Deadline for Submission: December 31, 2008
Event Begin Date: March 1, 2009
For event occurring between March 1, 2009 - May 1, 2009.
Eighth Round: January 1, 2009
Deadline for Submission: January 31, 2009
Event Begin Date: April 1, 2009
For Event occurring between April 1, 2009 - June 1, 2009.
Ninth Round: February 1, 2009
Deadline for Submission: February 28, 2009
Event Begin Date: May 1, 2009
For event occurring between May 1, 2009 - July 1, 2009.
Tenth Round: March 1, 2009
Deadline for Submission: March 31, 2009
Event Begin Date: June 1, 2009
For event occurring between June 1, 2009 - August 31, 2009.
All approved applicants must submit artwork and/or text for approval prior to the production of the approved activity or material to receive reimbursement of up to $2,500.00. The reimbursement process will not begin until the event has taken place and all required documentation is received by TDA. The approved applicants must submit all required reimbursement documentation within 30 days of the end of the event. All purchasing of approved budget items and the actual events must occur within the agreement period. All approved projects will be subject to audit and periodic reporting requirements.
Proposals should be submitted to: Debbie Wall, Funding Coordinator, Texas Department of Agriculture, 1700 North Congress Avenue, 11th Floor, Austin, Texas 78701. Ms. Wall may be contacted by telephone at (512) 463-7731, by fax at (888) 223-7150 or e-mail at debbie.wall@tda.state.tx.us for additional information about preparing the proposal.
Eligible GO TEXAN Rural Community members are allowed to receive up to two GO TEXAN Rural Community Bootstrap Bucks project awards in a biennium. The current biennium will end August 31, 2009.
All qualifying proposals will be evaluated by the GO TEXAN Rural Community Bootstrap Bucks Review Committee, which consists of the department's staff members, who are appointed by the Commissioner of Agriculture. The department's GO TEXAN Rural Community Bootstrap Bucks Review Committee will base its awards decisions on each Review Committee members' recommendations. Only project requests that further or enhance department's GO TEXAN Rural Community Program and are submitted by applicants physically located in Texas will be funded.
This program is subject to the availability of state funds. If funds become unavailable during the term of any project, any agreements may be reduced or terminated. The department reserves the right to terminate any resulting agreement if the city or county does not comply with the department's guidelines.
The announcement of the grant awards will be made by the Marketing Coordinator for Rural Texas Communities after the applications received by the department have been fully considered.
TRD-200802397
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: May 7, 2008
Pursuant to the Texas Administrative Code Title 4, Part 1, Chapter 29, §§29.20 - 29.33, the Marketing and Promotion Division of the Texas Department of Agriculture (department) requests proposals for GO TEXAN Rural Community Program Hometown STARS matching fund program projects for the period of May 12, 2008, through August 31, 2009. The GO TEXAN Rural Community Hometown STARS matching fund reimbursement program is designed to directly promote tourism by supporting and increasing economic activity in rural Texas communities. Program and project proposal application information may be obtained at: www.gotexan.org or by contacting the Funding Coordinator at (512) 463-7731 or (877) 99GO-TEX.
Eligibility. To be eligible for participation in the matching funds program, an applicant must be a GO TEXAN Rural Community Certified member and in good standing with the department. Information on becoming a GO TEXAN Rural Community Certified member may be obtained at www.gotexan.org or by contacting the Marketing Coordinator for Rural Texas Communities at (512) 463-6490 or (877) 99GO-TEX. A GO TEXAN Rural Community Certified member who is a city or county may submit a proposal on behalf of an event, festival or fair (hereinafter referred to as "event") in their community. The certified member will be responsible for providing economic impact information, the community impact evaluation, visitor questionnaires and any additional documentation or information requested by the department to indicate the impact of the project on the community or region. The department has the sole discretion to determine whether a project meets program eligibility requirements.
Proposal Requirements. Each project proposal must use the GO TEXAN Rural Community Hometown STARS project proposal form, located on the GO TEXAN Web site at www.gotexan.org. Each project request submitted by an eligible applicant must describe the advertising or other market-oriented promotional activities to be carried out using matching funds and include: (i) a cover page including the name, title and address of applicant and, if applicable, the applicant's agent's information; (ii) a detailed specific narrative that contains a brief description of the community or city; (iii) a brief description of the tourism event that will be promoted, dates and location of the tourism event; (iv) why the applicant wants to promote the event, how the matching funds will be used to promote the tourism event; (v) how the GO TEXAN Rural Community Hometown STARS matching funds will improve the event; (vi) how the GO TEXAN Rural Community Program will be promoted as part of the event's promotional campaign; (vii) how the applicant will work with other entities to promote the event; (viii) what impact is expected from the event and how the applicant will collect the necessary data to measure the impact of the promotion; (ix) a detailed budget/activity request; (x) a signed original Resolution Authorizing Application from the governing body of the applicant; (xi) and a signed original Procedures and Reimbursement Guidelines signature page. Please send one original project request for review by the Funding Coordinator, if the application is accepted by the Funding Coordinator, you will be asked to send 5 additional copies that will be distributed to the GO TEXAN Rural Community Hometown STARS Review Committee.
Approved projects' events may not begin until August 27, 2008, and the projects must be completed by August 31, 2009, or the date specified in the resulting grant agreement.
The following is the schedule of submission deadlines:
First Round: May 19, 2008
Deadline for Submission: June 30, 2008
Event Begin Date: August 27, 2008
For events occurring between August 27, 2008 - December 31, 2008.
Second Round: August 1, 2008
Deadline for Submission: August 30, 2008
Event Begin Date: December 1, 2008
For events occurring between December 1, 2008 - March 31, 2009.
Third Round: October 1, 2008
Deadline for Submission: October 31, 2008
Event Begin Date: March 1, 2009
For events occurring between March 1, 2009 - June 30, 2009.
Fourth Round: January 2, 2009
Deadline for Submission: January 31, 2009
Event Begin Date: April 1, 2009
For event occurring between April 1, 2009 - July 31, 2009.
Fifth Round: March 1, 2009
Deadline for Submission: March 31, 2009
Event Begin Date: July 1, 2009
For event occurring between July 1, 2009 - August 31, 2009.
All purchasing of approved budget items and the actual events must occur within the grant agreement period. All approved projects will be subject to audit and periodic reporting requirements.
Proposals should be submitted to: Debbie Wall, Funding Coordinator, Texas Department of Agriculture, 1700 North Congress Avenue, 11th Floor, Austin, Texas 78701. Ms. Wall may be contacted by telephone at (512) 463-7731, by fax at (888) 223-7150 or e-mail at debbie.wall@tda.state.tx.us for additional information about preparing the proposal.
Eligible GO TEXAN Rural Community Certified members are allowed to receive up to two GO TEXAN Rural Community Hometown STARS project awards in a biennium. The current biennium will end August 31, 2009.
All qualifying proposals will be evaluated by the GO TEXAN Rural Community Hometown STARS Review Committee, which consists of TDA staff members, who are appointed by the Commissioner of Agriculture. Proposals will be selected for reimbursement funding on a competitive basis. The proposals will be rated in ten general categories by the GO TEXAN Rural Community Hometown STARS Review Committee. The ten categories are as follows: (i) the proposal displays a well planned vision for the tourism event promotion; (ii) the proposal presents concrete goals for this project; (iii) the proposal is unique and innovative; (iv) the anticipated results indicate a good return on investment; (v) the proposal includes efforts to effectively utilize regional resources; (vi) the event offers good potential to draw new and returning visitors from outside the area; (vii) the promotion will further enhance the GO TEXAN Rural Community Program with a high level of visibility for GO TEXAN (viii) the proposed budget is appropriate and well developed; (ix) the proposal includes a well conceived and tangible plan for impact measurement; and (x) based on the information in the proposal, the promoted event appears to have a high probability for success with room to expand and grow. The department's GO TEXAN Rural Community Hometown STARS Review Committee will base its awards decisions on each Review Committee members' recommendations and each applicant's overall score. The factors that the department will consider when evaluating each application are subject to change, without notice, at the discretion of the department.
This program is subject to the availability of state funds. If funds become unavailable during the term of any project, any agreements may be reduced or terminated.
Only project requests that further or enhance the department's GO TEXAN Rural Community Program and are submitted by applicants physically located in Texas will be funded. The department reserves the right to terminate any resulting agreement if the city or county does not comply with the department guidelines.
The announcement of the grant awards will be made by the Marketing Coordinator for Rural Texas Communities after the applications received by the department have been fully considered.
TRD-200802398
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: May 7, 2008
Notice of Settlement of CERCLA Natural Resource Damages Claim
Notice is hereby given by the State of Texas of the following proposed resolution of a claim for natural resource damages under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") and applicable state law. The State of Texas, on behalf of Texas Commission on Environmental Quality ("TCEQ"), the Texas General Land Office ("GLO"), and the Texas Parks and Wildlife Department ("TPWD") (collectively, the "State Trustees") has reached an agreement with Beazer East, Inc., ("Beazer") to resolve Beazer's liability for natural resource damages at a former wood treatment facility ("the Site") in Texarkana, Bowie County. The Attorney General will consider any written comments received on the settlement within 30 days of the date of publication of this notice.
Case Title and Court: United States and Beazer East, Inc., in the United States District Court for the Eastern District of Texas, Beaumont Division
Background: The Site, which consists of 62 acres located approximately one mile west of downtown Texarkana, Bowie County, operated as a wood treatment facility from approximately 1910 until 1961. Beazer and/or a predecessor to Beazer owned and operated the Site from approximately 1940 to 1962. The former wood treatment facility used creosote compounds, metals, volatile organic hydrocarbons, and semi-volatile organic hydrocarbons in the wood preservation process. These substances were released to surface waters and groundwater affecting the Site's aquatic habitat and Waggoner Creek, which runs adjacent to the Site. The habitat types identified near Waggoner Creek, in the vicinity of the Site, are induced deciduous forest, riparian deciduous forest, serial shrub land/young forest, grassland, and open water.
In 1998, Beazer entered into a Memorandum of Agreement with the Federal and State Natural Resource Damage Trustees ("Trustees") to perform a cooperative, restoration-based assessment to address potential natural resource injuries at the Site. As a result of this assessment, the Trustees determined that hazardous substances released at or from the Site injured or potentially injured benthic sediment habitat and organisms, aquatic habitats and organisms, terrestrial wildlife, habitat for state and federally protected species, including migratory birds and waterfowl and other resources.
In 1984, the Environmental Protection Agency ("EPA") placed the Site on the National Priorities List. On September 23, 1988, EPA issued a record of decision for the Site calling for removal and treatment of contaminated soil and treatment of contaminated groundwater, including organic contaminants and non-aqueous phase liquids, in the upper aquifer. The soil removal and replacement activities were conducted in 1996, and a closeout report was accepted and signed by EPA in March 2003. The "Dense Non-Aqueous Phase Liquids ("DNAPL")/Groundwater Remedy Pilot Study Report and 100% Design" specific to the groundwater remediation system was approved by the EPA on January 15, 2002. The system has been constructed and is presently collecting DNAPL in groundwater to prevent seepage into Waggoner Creek as designed.
Nature of the Settlement: The Consent Decree requires Beazer to undertake a restoration project to provide for the restoration, replacement, or acquisition of the equivalent of the injured, destroyed, or lost natural resources. The restoration project, under the Consent Decree, will preserve into perpetuity, the Nature Conservancy of Texas's Lennox Woods Preserve ("LW Preserve") in Red River County, Texas. The project will preserve 76 acres of bottomland hardwood and wetland habitats with a substantial aquatic habitat component. The LW Preserve has high quality old-growth bottomland hardwood forest and contains extensive wetland, backwater, and riparian hardwood forest, which support numerous species of aquatic fauna, birds, mammals, reptiles, and amphibians. The LW Preserve will be protected in perpetuity through a conservation easement held by the Natural Area Preservation Association. The fee title of the LW Preserve will be held by the Nature Conservancy of Texas.
Proposed Settlement: The proposed settlement will resolve the Settling Defendants' liability to the State for Natural Resource Damages at the Site. In addition, the Settling Defendants' will reimburse the State Trustees for the cost of assessing the damage to the State's natural resources.
Public Comment: The Office of the Attorney General will receive comments relating to the proposed Agreed Final Judgment for 30 days following publication of this Notice. Comments should be addressed to Sarah Jane Utley, Assistant Attorney General, Natural Resources Division, P.O. Box 12548, Austin, Texas 78711-2548 and should refer to United States and State of Texas v. Beazer East, Inc. The proposed Agreed Final Judgment may be examined at the Office of the Attorney General, 300 West 15th Street, 10th Floor, Austin, Texas by appointment A copy of the proposed Agreed Final Judgment may be obtained by mail from the Office of the Attorney General.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200802332
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: May 1, 2008
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of April 25, 2008, through May 1, 2008. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on May 7, 2008. The public comment period for this project will close at 5:00 p.m. on June 6, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: South Texas Project Nuclear Operating Company ; Location: The project is located approximately 12 miles south-southwest of the city limits of Bay City, and 10 miles north of Matagorda Bay, along the west bank of the Colorado River, Matagorda County, Texas. Project Description: STP Nuclear Operating Company (STPNOC) is applying for Combined Operating Licenses (COLs) to authorize the construction and operation of two new nuclear reactors (for a total of four) on the site of South Texas Project Electric Generating Station (STP). The Environmental Report (ER) related to this project provides an analysis of the impacts to the environment from site preparation, construction, operation, and decommissioning of the two additional nuclear reactors at the STP site. The combined impacts of all four nuclear reactors at the STP site are also considered. The total gross thermal megawatt output will be 3926 MWt and the net electrical output will be approximately 1300 Mwe per reactor. The new reactors will use a closed-loop cooling water system that would withdraw and discharge water from and to the Main Cooling Reservoir (MCR), similar to the existing cooling system for the existing reactors. Makeup water for the MCR will be withdrawn from the Colorado River using the preexisting intake structure. The new reactors will use mechanical draft cooling towers to dissipate waste heat and a water storage basin for the safety related cooling system. CCC Project No.: 08-0129-F1. Type of Application: U.S. Nuclear Regulatory Commission License under §103 of the Atomic Energy Act of 1954, 42 United States Code Annotated, §2133.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above, including a copy the consistency certifications for inspection, may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200802361
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: May 6, 2008
Pursuant to Chapter 2254, Subchapter B and Chapter 403, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of consulting contract award in connection with the Request for Proposals (RFP #183a) for consulting services to assist the Comptroller with an Appraisal Standards Review of the Harris County Appraisal District. A contract was awarded to McConnell Jones Lanier & Murphy LLP, 3040 Post Oak Boulevard, Suite 1600, Houston, Texas 77056. The total amount of the contract is not to exceed $200,000.00. The term of the contract is April 24, 2008 through December 31, 2008.
The notice of request for proposals (RFP #183a) was published in the February 8, 2008, issue of the Texas Register (33 TexReg 1161). The report is due on or before August 31, 2008.
TRD-200802284
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: April 30, 2008
The Comptroller of Public Accounts (Comptroller) announces this notice of amendment of an outside counsel contract with Clark, Thomas & Winters, P.C., 300 West Sixth Street, 15th Floor, Austin, Texas 78701, to provide outside counsel services to the Texas Prepaid Higher Education Tuition Board under RFP 155c. The contract is effective through August 31, 2008.
The original notice of request for proposals (RFP #155c) was published in the April 25, 2003, issue of the Texas Register (28 TexReg 3618). The Notice of Award was published in the November 14, 2003, issue of the Texas Register (28 TexReg 10310).
The amendment adds $40,000.00 to the total amount of the contract for a new total of $160,000.00.
TRD-200802381
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: May 7, 2008
Pursuant to §2107.003(c-1), Texas Government Code, the Comptroller of Public Accounts (Comptroller), announces its issuance of a Request for Proposals (RFP #180d) for the purpose of obtaining collection services from a qualified firm for the collection of certain delinquent state taxes that are required by law to be collected by the Comptroller. The successful respondent, if any, will be expected to begin performance of the contract on or after July 7, 2008 or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on May 16, 2008, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller is also making the RFP available electronically on the Electronic State Business Daily after May 16, 2008, 10:00 a.m. (CZT). The address of the Electronic State Business Daily is http://esbd.cpa.state.tx.us.
Non-Mandatory Letters of Intent and Questions: Letters of Intent are non-mandatory. All written inquiries, questions and non-mandatory Letters of Intent must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Thursday, May 29, 2008. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 463-3669 or e-mail them to contracts@cpa.state.tx.us to ensure timely receipt. Letters of Intent must be addressed to Thomas H. Hill, Assistant General Counsel, Contracts, and must be signed by an authorized representative of the responding entity. All responses to questions will be posted electronically on Wednesday, June 4, 2008 or as soon thereafter as practical, on the Electronic State Business Daily at: http://esbd.cpa.state.tx.us. Non-Mandatory Letters of Intent and Questions received after the deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be received in the Assistant General Counsel for Contracts' Office at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Monday, June 16, 2008. Proposals received in ROOM G-24 after this time and date will not be considered; respondents shall be solely responsible for verifying timely receipt of proposals and all required copies in the Issuing Office by the deadline.
Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP.
The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - Friday, May 16, 2008, 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - Thursday, May 29, 2008, 2:00 p.m. CZT; Official Responses to Questions posted - Wednesday, June 4, 2008, or as soon thereafter as practical, Proposals Due - Monday, June 16, 2008, 2:00 p.m. CZT; Contract Execution - July 7, 2008, or as soon thereafter as practical; Commencement of Contract Activities - July 7, 2008 or as soon thereafter as practical.
TRD-200802364
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: May 6, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/12/08 - 05/18/08 is 18% for Consumer1 /Agricultural/Commercial 2 /credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/12/08 - 05/18/08 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.0053 for the period of 05/01/08 - 05/31/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.
The monthly ceiling as prescribed by §303.005 for the period of 05/01/08 - 05/31/08 is 18% for Commercial over $250,000.
1 Credit for personal, family or household use.
2 Credit for business, commercial, investment or other similar purpose.
3 For variable rate commercial transactions only.
TRD-200802386
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 7, 2008
Request for Applications Concerning Dropout Recovery Pilot Program, 2008-2010
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-116 from local educational agencies (LEAs); open-enrollment charter schools; institutions of higher education (IHEs); nonprofit organizations; education service centers (ESCs); and shared services arrangements of LEAs, open-enrollment charter schools, IHEs, nonprofit organizations, and ESCs to recover students who have dropped out of Texas public schools and ensure that they earn a high school diploma or demonstrate college readiness. Eligible applicants must (1) have been in operation for at least three years; (2) have been granted a charter or received accreditation from an accrediting entity appropriate to and with authority over the applicant if issuing high school diplomas; and (3) be financially stable.
Description. The Dropout Recovery Pilot Program is intended to offer students who have dropped out of public high school the opportunity to earn a high school diploma or demonstrate college readiness by certain defined means, as specified in the RFA. Qualifying students must be 25 years of age or younger, per Texas Education Code, §42.003(a), and must have dropped out of a Texas public school. To be considered a student who has dropped out, the student must have withdrawn from a Texas public high school and been reported to TEA with a leaver code in the Public Education Information Management System (PEIMS) that corresponds to the definition of a dropout for that school year in which the student withdrew.
Qualifying grantees will be required to conduct a needs assessment for each participating student and create a P-16 Individualized Graduation Plan for each student. Grantees must also develop a P-16 strategic plan and demonstrate in the grant application how the overall strategies address deficiencies identified by the needs assessment. Entities providing sectarian activities must provide assurance that the dropout recovery pilot program is nonsectarian. Grantees will be required to comply with all TEA requirements.
A base amount of no greater than $150,000 will be made available to each grantee for the purpose of planning and establishing an appropriate infrastructure. Each grantee will be eligible to receive benchmark payments for (1) each student who makes interim progress by meeting established benchmark standards toward achieving a high school diploma or demonstrating college readiness, and (2) each student who completes the program by either attaining a high school diploma or demonstrating college readiness. Grantees not eligible to receive funding through the Foundation School Program are also eligible to receive an additional set amount per student who reaches benchmark standards and/or completes the program by either attaining a high school diploma or demonstrating college readiness.
Dates of Project. The Dropout Recovery Pilot Program will be implemented during the 2008-2009 and 2009-2010 school years. Applicants should plan for a starting date of no earlier than August 15, 2008, and an ending date of no later than July 31, 2010.
Project Amount. The number of projects funded will depend on the number of eligible applicants that apply and the number of students they anticipate serving. Project funding in any subsequent period will be based on satisfactory progress of the first-period objectives and activities, on general budget approval by the commissioner of education, and on appropriations by the state legislature.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of the RFA may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, contact Donnell Bilsky, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Tuesday, July 1, 2008, to be eligible to be considered for funding.
TRD-200802389
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: May 7, 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 16, 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 16, 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: AMC Facilities, LP; DOCKET NUMBER: 2008-0309-MWD-E; IDENTIFIER: RN101515773; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 Texas Administrative Code (TAC) §305.125(1) and (5), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012238001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of treatment and control are properly operated and maintained; 30 TAC §305.125(2) and §7305.65, and the Code, §26.121(a), by failing to maintain authorization for the discharge of wastewater; 30 TAC §317.7(e), by failing to secure the wastewater treatment plant; and 30 TAC §21.4(e) and the Code, §5.702, by failing to pay outstanding consolidated water quality fees and associated late fees; PENALTY: $4,770; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Ashmal, Inc. dba East 1st Grocery; DOCKET NUMBER: 2008-0194-PST-E; IDENTIFIER: RN101492312; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases; and 30 TAC §334.10(b) and §334.49(e)(2)(B), by failing to maintain UST records and make them immediately available for inspection; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(3) COMPANY: City of Azle; DOCKET NUMBER: 2007-1798-MLM-E; IDENTIFIER: RN101609873; LOCATION: Tarrant County, Texas; TYPE OF FACILITY: lift station and wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011183003, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted limits for ammonia nitrogen and flow; and 30 TAC §305.125(1), TPDES Permit Number WQ0011183003 Number 2.g., and the Code, §26.121(a), by failing to prevent unauthorized discharges; PENALTY: $25,920; Supplemental Environmental Project (SEP) offset amount of $25,920 applied to Household Hazardous Waste Collection Event and Cleanup Event; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: BCWK, LP; DOCKET NUMBER: 2008-0267-MWD-E; IDENTIFIER: RN101527513; LOCATION: Humble, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a), by failing to maintain authorization for the discharge of wastewater; PENALTY: $3,240; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: Best Mart, Inc. dba Kold Spot 32 and Kold Spot 37; DOCKET NUMBER: 2007-1880-PST-E; IDENTIFIER: RN101544252 and RN101564433; LOCATION: Mansfield, Tarrant County, Texas; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.72, by failing to report a suspected release within 24 hours of discovery; 30 TAC §334.74, by failing to investigate a suspected release within 30 days of discovery; 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to provide a method of release detection capable of detecting a release from any portion of the UST system; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change or additional information regarding the USTs; 30 TAC §115.246(1), (5), and (7)(a) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain Stage II records at the station and make them available for inspection; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training and instruction in the operation and maintenance of the Stage II vapor recovery system (VRS) and that each employee received in-house Stage II training regarding the purpose and operation of the VRS; 30 TAC §115.222(1) and THSC, §382.085(b), by failing to comply with emission control requirements by failing to properly install the submerged fill tubes within six inches from the bottom of the tank; 30 TAC §334.48(c), by failing to conduct effective manual or automatic monthly inventory control procedures for the USTs at the station; and 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; PENALTY: $27,980; ENFORCEMENT COORDINATOR: Philip DeFrancesco, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Chesapeake Energy Marketing, Inc.; DOCKET NUMBER: 2008-0291-WR-E; IDENTIFIER: RN104790381; LOCATION: Johnson County, Texas; TYPE OF FACILITY: well drilling and fracturing lease; RULE VIOLATED: 30 TAC §297.11 and the Code, §11.121, by failing to obtain a water rights permit; PENALTY: $716; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: DCP Midstream, LP; DOCKET NUMBER: 2008-0096-AIR-E; IDENTIFIER: RN100825439; LOCATION: Panola County, Texas; TYPE OF FACILITY: natural gas transmission plant; RULE VIOLATED: 30 TAC §§116.115(b)(2)(F), 116.615(2), and 122.143(4), General Operating Permit Number 514, Site-wide requirements (b)(2) and (7)(B), and THSC, §382.085(b), by failing to comply with the represented volatile organic compound emission rate; and 30 TAC §122.143(4) and §122.145(2)(A), General Operating Permit Number 514, Site-wide requirements (b)(2), and THSC, §382.085(b), by failing to report all instances of deviation; PENALTY: $120,400; SEP offset amount of $48,160 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Household Hazardous Waste Clean-Up; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(8) COMPANY: Eastman Chemical Company; DOCKET NUMBER: 2007-2040-AIR-E; IDENTIFIER: RN100219815; LOCATION: Longview, Harrison County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §101.201(a)(1) and §122.143(4), Federal Operating Permit (FOP) Number O-01973, Special Terms and Conditions (STC) 2F and 21, and THSC, §382.085(b), by failing to notify the TCEQ regional office within the required 24 hours of a reportable emissions event; and 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP Number O-01973, STC 10, Air Permit Number 8539, Special Condition (SC) 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $13,050; SEP offset amount of $5,220 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500l REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(9) COMPANY: First Texas Homes, Inc.; DOCKET NUMBER: 2008-0607-WQ-E; IDENTIFIER: RN105458640; LOCATION: Denton County, Texas; TYPE OF FACILITY: home builder; 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: 2008-0618-WQ-E; IDENTIFIER: RN105458079; LOCATION: Denton County, Texas; TYPE OF FACILITY: home builder; 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: Honeywell International Inc.; DOCKET NUMBER: 2008-0077-AIR-E; IDENTIFIER: RN100217405; LOCATION: Orange, Jefferson County, Texas; TYPE OF FACILITY: plastics material manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), FOP Number O-01533, General Terms and Conditions and SC 13A, Air Permit P-1829, SC 3, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $2,025; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(12) COMPANY: JRS Mart, Inc. dba J C Korner; DOCKET NUMBER: 2008-0159-PWS-E; IDENTIFIER: RN101264810; LOCATION: Jones Creek, Brazoria County, Texas; TYPE OF FACILITY: gas station with public water supply; RULE VIOLATED: 30 TAC §290.39(e)(1) and §290.46(n)(1) and THSC, §341.035(c), by failing to submit "as-built" plans and specifications that describe the existing facilities; 30 TAC §290.41(c)(1)(A), by failing to locate ground water sources so there will be no danger of pollution from unsanitary surroundings; 30 TAC §290.41(c)(3)(J), by failing to provide the well with a concrete sealing block; and 30 TAC §290.46(v), by failing to install all water system electrical wiring in compliance with a local or national electrical code; PENALTY: $784; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: Augustin Vu dba Louis Food Mart; DOCKET NUMBER: 2004-1250-PST-E; IDENTIFIER: RN102546561 and Petroleum Storage Tank Facility Identification Number 64854; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay past due fees; PENALTY: $2,140; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(14) COMPANY: Richard Martini; DOCKET NUMBER: 2008-0042-WOC-E; IDENTIFIER: RN105304893; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §30.5(a) and the Code, §37.003, by failing to obtain a license issued by the commission before engaging in activity, occupation, or profession for which a license is required; PENALTY: $2,813; SEP offset amount of $1,125 applied to Gulf Coast Waste Disposal Authority ("GCWDA") - River Lakes, Bays 'N Bayous Trash Bash; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: Rhodia Inc.; DOCKET NUMBER: 2008-0102-IHW-E; IDENTIFIER: RN100220581; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §305.125(1) and §335.221(a)(6), 40 Code of Federal Regulations (CFR) §266.102(e)(4), Industrial and Hazardous Waste (IHW) Permit Number 50095, Provision Number V.I.3.c., and THSC, §382.085(b), by failing to maintain permitted emissions limits for the industrial furnace; 30 TAC §305.125(1) and §335.221(a)(6), 40 CFR §266.102(e)(7), IHW Permit Number 50095, Provision Number V.I.3.f., and THSC, §382.085(b), by failing to cease burning hazardous waste when changes in the combustion properties or feed rates of hazardous waste or changes in the industrial furnace design or operating conditions deviate from specified limits; and 30 TAC §305.125(1) and (9) and §335.6, and IHW Permit Number 50095, Provision Number V.II.B.4., by failing to report a noncompliance orally within 24 hours and provide a written submission within five days of the time the permittee becomes aware of the noncompliance; PENALTY: $14,000; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: Salado Water Supply Corporation; DOCKET NUMBER: 2008-0344-PWS-E; IDENTIFIER: RN101176600; LOCATION: Salado, Bell County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(e), by failing to provide a properly constructed intruder-resistant fence; 30 TAC §290.43(c)(8), by failing to maintain the facility's standpipe in strict accordance with American Water Works Association standards; and 30 TAC §290.45(b)(1)(D)(iv), by failing to provide pressure tank capacity of 20 gallons per connection; PENALTY: $1,107; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(17) COMPANY: Sunoco, Inc. (R&M); DOCKET NUMBER: 2008-0070-AIR-E; IDENTIFIER: RN100524008; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: polypropylene manufacturing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), TCEQ Air Permit Number 3126A, General Condition Number 8, and SC Number 1, FOP Number O-02314, SC Number 6, and THSC, §382.085(b), by failing to operate the PP Flare; PENALTY: $11,100; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(18) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2008-0331-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; and 30 TAC §101.201(b)(1)(G) and THSC, §382.085(b), by failing to properly report an emissions event; PENALTY: $8,086; SEP offset amount of $3,234 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red Project; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(19) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 2008-0339-AIR-E; IDENTIFIER: RN100870898; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: synthetic rubber manufacturing plant; RULE VIOLATED: 30 TAC §116.715(a), Flexible Air Permit Number 6618, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $5,600; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(20) COMPANY: Value Family Homes-Denton, L.P. dba Denton Mobile Home Community; DOCKET NUMBER: 2007-2043-WQ-E; IDENTIFIER: RN101269611; LOCATION: Denton, Denton County, Texas; TYPE OF FACILITY: wastewater collection system; RULE VIOLATED: the Code, §26.121, by failing to prevent the unauthorized discharge of wastewater; the Code, §26.039(b), by failing to provide noncompliance notification to the TCEQ within 24 hours of becoming aware of the noncompliance; and 30 TAC §317.3(b)(3), by failing to properly maintain the collection system; PENALTY: $4,875; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(21) COMPANY: VIVEK LLC dba Sam Food Mart; DOCKET NUMBER: 2008-0069-PST-E; IDENTIFIER: RN101540698; LOCATION: Lewisville, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 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; and 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition, as specified by the manufacturer and/or any applicable California Air Resource Board Executive Order, and free of defects; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(22) COMPANY: Webb County; DOCKET NUMBER: 2007-1035-PWS-E; IDENTIFIER: RN102698719; LOCATION: Rio Bravo, Webb County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(B) and §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain a disinfectant residual of 0.5 milligrams per liter total chlorine; 30 TAC §290.42(f)(1)(E)(ii), by failing to provide secondary containment for liquid chemical storage tanks; 30 TAC §290.42(j), by failing to provide American National Standards Institute/National Sanitation Foundation certification for all chemicals used as direct or indirect additives; 30 TAC §290.46(s), by failing to properly calibrate the laboratory equipment used for compliance testing; 30 TAC §290.46(f)(4)(B) and §290.110(e)(2), by failing to submit accurate and complete monthly operational reports for surface water treatment plants; 30 TAC §290.46(m), by failing to maintain the good working condition and general appearance of the system's facilities and equipment; and 30 TAC §290.41(e)(5) and §290.43(e), by failing to provide an intruder-resistant fence around all water system facilities and equipment; PENALTY: $5,980; SEP offset amount of $5,980 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(23) COMPANY: City of Wortham; DOCKET NUMBER: 2008-0044-PWS-E; IDENTIFIER: RN101386761; LOCATION: Wortham, Freestone County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(d)(1), by failing to properly install air release devices in the distribution system; 30 TAC §290.46(f)(2), by failing to maintain water works operation and maintenance records and make them available to commission personnel; 30 TAC §290.43(e), by failing to provide a properly constructed intruder-resistance fence for the system's storage tanks; 30 TAC §290.44(h)(1)(A), by failing to provide a backflow prevention assembly; 30 TAC §290.43(c)(1), by failing to provide the vent opening on the ground storage tank with a 16-mesh or finer corrosion-resistant screen; and 30 TAC §290.45(f)(4), by failing to provide a minimum of 0.6 gallons per minute per connection of the production capacity for a purchased water system; PENALTY: $5,358; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
TRD-200802360
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 6, 2008
Notice issued May 1, 2008.
TCEQ Internal Control No. 09182007-D02A; Coastal Bend Land Investments LP (Petitioner) filed a petition for creation of Brazoria County Municipal Utility District No. 61 (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 holder of title to a majority in value of the land to be included in the proposed District; (2) there is one lien holder, Bank of America, on the property to be included in the proposed District; (3) the proposed District will contain approximately an area of 310.2756 acres located within Brazoria County, Texas; and (4) the proposed District is within the corporate boundaries of the City of Manvel, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 2007-R-05, effective January 8, 2007, the City of Manvel, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioners have 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 $17,839,618.
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-200802384
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 7, 2008
The following notices were issued during the period of April 24, 2008 through May 5, 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
AMBAR LONE STAR FLUID SERVICES LLC has applied for a renewal of TPDES Permit No. WQ0011679001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,500 gallons per day. The facility is located 500 feet northeast of the Galveston Ship Channel and approximately 2,200 feet southeast of the intersection of Pelican Island Boulevard and the entrance road to the Pennzoil Producing Company in the City of Galveston in Galveston County, Texas.
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO 25 has applied for a renewal of TPDES Permit No. WQ0014322001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located approximately 4,000 feet south of the intersection of County Road 59 and State Route 288 in Brazoria County, Texas.
CANYON REGIONAL WATER AUTHORITY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014872001, to authorize the discharge of treated filter backwash effluent from a water treatment plant at a daily average flow not to exceed 100,000 gallons per day. The facility will be located approximately 9,365 feet northeast of the intersection of Farm-to-Market Road 1117 and County Road 442, and approximately 12,600 feet directly north of the intersection of Tidwell Creek and an unnamed tributary in Guadalupe County, Texas.
CITY OF ANAHUAC & TRINITY BAY CONSERVATION DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010396001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located on the west bank of Anahuac Ditch, approximately 2,200 feet southeast of the intersection of Farm-to-Market Road 563 and Poskey Road, southeast of the City of Anahuac in Chambers County, Texas.
CITY OF CARMINE has applied for a renewal of Permit No. WQ0012272001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 21,000 gallons per day via surface irrigation of 8.1 acres of non-public access pasture land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 0.8 mile northwest of the intersection of U. S. Highway 290 and State Highway Spur 458, north of the City of Carmine in Washington County, Texas.
CITY OF ROSENBERG has applied for a renewal of TPDES Permit No. WQ0010607004, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 95,000 gallons per day. The facility is located off the intersection of U.S. Highway 59 and Cottonwood Church Road, near Coon Creek in Fort Bend County, Texas.
CITY OF WALLER has applied for a renewal of TPDES Permit No. WQ0010310001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility is located at 102 Walnut Street, approximately 4,500 feet southeast of the intersection of U.S. Highway 290 and Farm-to-Market Road 362 in Waller County, Texas.
ERA INDEPENDENT SCHOOL DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Permit No. WQ0014864001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility will be located at Farm-to-Market Road 922 at Hornet Drive in Era, in Cooke County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO(S). 47 and 48 and Vicksburg Joint Powers Board has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0012701001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 550,000 gallons per day to a daily average flow not to exceed 950,000 gallons per day. The facility is located approximately 800 feet north and 5,000 feet east of the intersection of Trammel Fresno Road and State Highway 6 in Fort Bend County, Texas.
HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 84 has applied for a major amendment to TPDES Permit No. WQ0010558001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 1,000,000 gallons per day to an annual average flow not to exceed 2,000,000 gallons per day. The facility is located at 16224 Bear Bayou Drive, southwest of the intersection of Bear Bayou Drive and North Avenue, in the Old River Subdivision in Harris County, Texas.
JAM-DOT FAMILY LIMITED PARTNERSHIP AND JAM-DOT DAIRY LLC has applied for a major amendment of, and conversion to an individual permit, Texas Pollutant Discharge Elimination System (TPDES) Registration No. WQ0003217000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing dairy cattle facility at a maximum capacity of 995 head, of which 995 head are milking cows, increase the on-site land used for land application from 357 acres to 379 acres, and decrease off-site land application acreage from 314 acres to 230 acres. The facility is located on the south side of Farm-to-Market Road 8 approximately 2.0 miles east of the town of Lingleville in Erath County, Texas.
KMCO L.P. which operates KMCO, Port Arthur, Inc., an industrial organic chemical vacuum distillation facility, has applied for a renewal of TPDES Permit No. WQ0003544000, which authorizes the discharge of treated process wastewater, process area storm water, utility wastewater (non-contact cooling water, boiler blowdown, and firewater), and storm water (including storm water from diked tank farm areas) at a daily average dry weather flow not to exceed 100,000 gallons per day via Outfall 001. The facility is located at 2450 South Gulfway Drive, approximately five miles southwest of the Port Arthur City Hall in Jefferson County, Texas.
LAKE MUNICIPAL UTILITY DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0014478001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 240,000 gallons per day. The facility is located at 4454 1/2 Broadleaf Avenue, approximately 4,330 feet north of Interstate Highway 10 at John Martin Road and approximately 2,800 feet east of the intersection of John Martin Road and Battle Bell Road in Harris County, Texas.
LUMINANT MINING COMPANY LLC which operates the Martin Lake and Oak Hill Lignite Mining Areas, has applied for a renewal of TPDES Permit No. WQ0002644000, which authorizes the discharge of mine water, groundwater seepage, and surface water runoff from the Oak Hill active mining areas to tributaries of Segment No. 0505 on an intermittent and flow variable basis via Outfall 001; surface water runoff from the Oak Hill post mining areas to tributaries of Segment No. 0505 on an intermittent and flow variable basis via Outfall 101; mine water, groundwater seepage, previously monitored effluent (PME's), and surface water runoff from the Oak Hill active mining areas to tributaries of Segment No. 0510 on an intermittent and flow variable basis via Outfall 002; surface water runoff from the Oak Hill post mining areas to tributaries of Segment No. 0510 on an intermittent and flow variable basis via Outfall 102; treated domestic effluent from the Oak Hill Mining Area sewage treatment plant at a daily average flow not to exceed 5,000 gallons per day via Outfall 202; mine water, groundwater seepage, previously monitored effluent (PME's), wastewater from coal combustion ash disposal sites associated with the Martin Lake Steam Electric station, and surface water runoff from the Martin Lake active mining areas to tributaries of Segment No. 0505 on an intermittent and flow variable basis via Outfall 003; surface water runoff from the Martin Lake post mining areas to tributaries of Segment No. 0505 on an intermittent and flow variable basis via Outfall 103; treated domestic effluent from the Tatum Mining Area sewage treatment plant at a daily average flow not to exceed 12,000 gallons per day via Outfall 203; treated domestic effluent from the Beckville Mining Area sewage treatment plant at a daily average flow not to exceed 18,000 gallons per day via Outfall 303; mine water, groundwater seepage, and surface water runoff from the Martin Lake active mining areas to tributaries of Martin Lake on an intermittent and flow variable basis via Outfall 004 and surface water runoff from the Martin Lake post mining areas to tributaries of Martin Lake on an intermittent and flow variable basis via Outfall 104. The Martin Lake Mining Area is located adjacent to, north, and east of Martin Lake in Panola County; the Oak Hill Mining Area is located approximately two miles north of the City of Henderson, Rusk County, Texas.
NATIONAL OILWELL VARCO L.P. has applied for a renewal of TPDES Permit No. WQ0012386001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 9,000 gallons per day. The facility is located approximately 1/4 mile south of the intersection of Old Beaumont Highway and Sheldon Road, on the east side of Sheldon Road in Harris County, Texas.
OAK MANOR MUNICIPAL UTILITY DISTRICT 95 has applied for a renewal of TPDES Permit No. WQ0010700001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The facility is located approximately 2,000 feet northeast of the intersection of State Highway 35 and County Road 192 and 0.8 mile southwest of the intersection of State Highway 35 and Farm-to-Market Road 2917 in Brazoria County, Texas.
SHELL OIL COMPANY which operates the Deer Park Chemical Plant has applied for a major amendment to TPDES Permit No. WQ0000402000 to replace effluent limitations and monitoring requirements for fecal coliform bacteria with appropriate effluent limitations and/or monitoring requirements for enterococci bacteria. The current permit authorizes the discharge of treated process wastewater, treated domestic wastewater, utility wastewater, and storm water (diverted from Outfall 004) via Outfalls 001 and/or 101 on an intermittent and flow variable basis; storm water via Outfalls 002 and 003 on an intermittent and flow variable basis; and treated process wastewater, treated domestic wastewater, utility wastewater, and storm water via Outfall 004 at a daily average flow not to exceed 9,9,00,000 gallons per day. The facility is located at 5900 State Highway 225 in the City of Deer Park, Harris County, Texas.
VAM USA which proposes to operate the VAM USA WWTP, a pipe threading and coating facility, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004841000, to authorize the discharge of treated domestic and process wastewater at a daily average flow not to exceed 20,000 gallons per day via Outfall 001. The facility is located one mile southwest of the intersection of US 90 and Sheldon Road, Harris County, Texas.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200802382
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 7, 2008
Notices issued April 30, 2008 through May 2, 2008.
APPLICATION NO. 14-2570A; Lower Colorado River Authority (LCRA), 3700 Lake Austin Blvd, Austin, Texas 78703 and Mills County State Bank, P.O. Box 309, Goldthwaite, Texas 76844, Applicants, have applied for an amendment to Certificate of Adjudication No. 14-2570 to add a downstream diversion point on the Colorado River, Colorado River Basin; to add municipal purposes of use to 276.71 acre-feet of water; to add authorization to impound and store the 276.71 acre-feet of water in Lometa Reservoir authorized by Water Use Permit No. 5715, for subsequent diversion and use; and to add a place of use being the service area of the Lometa Water System, which serves the City of Lometa and rural areas in the Lampasas, Mills, San Saba, and Burnet Counties. More information on the application and how to participate in the permitting process is given below. The application and a portion of the fees were received on May 4, 2007. Additional information and fees were received on July 6, 2007 and October 25, 2007. The application was accepted for filing and declared administratively complete on November 30, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.
APPLICATION NO. 12261; Crown Oaks Property Owner's Association, 2204 Timberloch Place, Suite 180, Woodlands, TX 77380, Applicant, has applied for a Water Use Permit to modify and maintain a dam and reservoir on an unnamed tributary of Lake Creek, San Jacinto River Basin for in-place recreational purposes in Montgomery County. The reservoir will be kept at a constant level by use of an existing groundwater well. More information on the application and how to participate in the permitting process is given below. The application and fees was received on September 28, 2007. Additional information was received on November 26, 2007, January 14, 2008 and February 8, 2008. The application was declared administratively complete and filed with the Office of the Chief Clerk on February 8, 2008. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.
APPLICATION NO. 12269; M.B.L.H. Marine, L.L.C., dba Vessel Repair, P.O. Box 965, Groves, Texas 77619, Applicant, has applied for a Water Use Permit to divert not to exceed 3.00 acre-feet of water from the Sabine-Neches Ship Channel, Neches-Trinity Coastal Basin, for industrial (hydro-testing) purposes in Jefferson County. More information on the application and how to participate in the permitting process is given below. The application and a portion of the fees were received on November 8, 2007. Additional information and fees were received on January 14 and February 14, 2008. The application was accepted for filing and declared administratively complete on April 4, 2008. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.
APPLICATION NO. 05-4735A; Fellowship Church, 2450 North Highway 121, Grapevine, TX 76051, Applicant, has applied for an amendment to Certificate of Adjudication No. 05-4735 to construct and maintain a dam and reservoir on an unnamed tributary of Highland Pond Branch, Sabine River Basin for in-place recreational purposes in Wood County. More information on the application and how to participate in the permitting process is given below. The application and partial fees were received on February 5, 2008. Additional information and fees were received on March 5, March 12 and March 25, 2008. The application was declared administratively complete and accepted for filing on March 28, 2008. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment, and is not a contested case hearing.
The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing"; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200802383
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 7, 2008
Request for Proposals #303-8-11349
The Texas Facilities Commission (TFC), on behalf of the Texas Parks and Wildlife Department (TPWD), announces the issuance of Request for Proposals (RFP) #303-8-11349. TFC seeks a ten (10) year lease of approximately 3,664 square feet of office space in the Mesquite/Garland area of Dallas County, Texas.
The deadline for questions is May 23, 2008 and the deadline for proposals is May 30, 2008 at 3:00 p.m. The award date is July 23, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=76461.
TRD-200802390
Kay Molina
General Counsel
Texas Facilities Commission
Filed: May 7, 2008
The Texas Health and Human Services Commission (HHSC) intends to submit an amendment to the Texas Home Living (TxHmL) waiver. TxHmL is a home and community-based services waiver program under the authority of §1915(c) of the Social Security Act. The proposed effective date of the waiver amendment is March 1, 2008.
The TxHmL program provides essential community-based services and supports to individuals with mental retardation living in their own homes or with their families. The current TxHmL waiver is approved from March 1, 2007, through February 29, 2012.
The TxHmL waiver program services include case management, adaptive aids, minor home modifications, audiology, speech therapy, occupational therapy, physical therapy, dietary services, behavioral supports, dental treatment, nursing, residential assistance, community support, respite, supported employment, and day habilitation. Day habilitation provides assistance with acquiring, retaining, or improving self-help, socialization, and adaptive skills necessary to reside successfully in home and community-based settings.
The amendment revises the methodology for establishing the rates for reimbursing the Consumer Directed Services Agencies (CDSA). The amendment also updates the rates based on the revised methodology. The CDSAs provide financial management services to consumers who choose to direct their own waiver services. The amendment maintains cost neutrality for each year remaining in the waiver period from 2008 to 2012.
To obtain copies of the proposed waiver amendment, interested parties may contact Carmen Samilpa-Hernandez by mail at Texas Health and Human Services Commission, P.O. Box 85200, H-620, Austin, Texas 78708-5200; by telephone at (512) 491-1128; by facsimile at (512) 491-1953; or by e-mail at carmen.samilpa-hernandez@hhsc.state.tx.us.
TRD-200802283
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 30, 2008
The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services an amendment to the Community Living Assistance and Support Services (CLASS) Program. The CLASS Program is a Medicaid home and community-based services waiver program established under the authority of Title XIX, §1915(c) of the Social Security Act. The proposed effective date for the amendment is April 1, 2008.
The CLASS Program provides essential home and community-based services and supports to individuals living in their own or their families' homes who have mental retardation or severe chronic disabilities closely related to mental retardation.
Services include case management, adaptive aids and medical supplies, habilitation, minor home modifications, nursing services, occupational therapy, physical therapy, speech therapy, specialized therapies, behavioral support services, respite, and transition assistance.
This amendment is necessary to make CLASS waiver services available to eligible individuals in all counties in Texas.
HHSC is requesting that the waiver amendment be approved for the period beginning April 1, 2008, through August 31, 2009. This amendment maintains cost neutrality for waiver years 2008 through 2009.
To obtain copies of the proposed waiver amendment, interested parties may contact Carmen Samilpa-Hernandez by mail at Texas Health and Human Services Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200, phone (512) 491-1128, fax (512) 491-1953, or by e-mail at carmen.samilpa-hernandez@hhsc.state.tx.us.
TRD-200802362
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 6, 2008
Application to change the name of SCOR LIFE INSURANCE COMPANY to LONGEVITY ASSURANCE COMPANY, a domestic life, accident and/or health company. The home office is in Plano, Texas.
Application for admission to the State of Texas by PROGRESSIVE COMMERCIAL CASUALTY COMPANY, a foreign fire and/or casualty company. The home office is in Mayfield Village, Ohio.
Application to change the name of FINIAL INSURANCE COMPANY fka CONVERIUM INSURANCE (NORTH AMERICA) INC. to ALLIED WORLD REINSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in West Trenton, New Jersey.
Application for incorporation to the State of Texas by MILEMETER INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Dallas, Texas.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200802393
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 7, 2008
The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.
Application of THE 403(b) COMPANY, INC., a domestic third party administrator. The home office is DALLAS, TEXAS.
Application of US SCRIPT INC, a foreign third party administrator. The home offfice is WILMINGTON, DELAWARE.
Application to change the name of BENETRUST CORP. to BENETRUST CORP. (using the assumed name of ENVISAGE INSURANCE SERVICES), a domestic third party administrator. The home office is PLANO, TEXAS.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.
TRD-200802407
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 7, 2008
The Texas Department of Insurance, Division of Workers' Compensation proposed new rules, 28 TAC §§140.6 - 140.8, concerning Dispute Resolution--General Provisions, in the April 25, 2008, issue of the Texas Register (33 TexReg 3377). The web address that appears on page 3379, right column, fourth complete paragraph, is incorrect.
The paragraph should read as follows:
"To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on May 28, 2008. Comments may be submitted via the Internet through the Division's Internet website at http://www.tdi.state.tx.us/wc/rules/proposedrules/toc.html or by mailing or delivering your comments to Victoria Ortega, Legal Services, MS-4D, Division of Workers' Compensation, Texas Department of Insurance, 7551 Metro Center Drive, Suite 100, Austin, Texas 78744."
TRD-200802394
Instant Game Number 1073 "WPT® Texas Hold 'Em® Poker"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1073 is "WPT® TEXAS HOLD 'EM® POKER". The play style is "poker".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1073 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1073.
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: A SPADE SYMBOL, K SPADE SYMBOL, Q SPADE SYMBOL, J SPADE SYMBOL, 10 SPADE SYMBOL, 9 SPADE SYMBOL, 8 SPADE SYMBOL, 7 SPADE SYMBOL, 6 SPADE SYMBOL, 5 SPADE SYMBOL, 4 SPADE SYMBOL, 3 SPADE SYMBOL, 2 SPADE SYMBOL, A CLUB SYMBOL, K CLUB SYMBOL, Q CLUB SYMBOL, J CLUB SYMBOL, 10 CLUB SYMBOL, 9 CLUB SYMBOL, 8 CLUB SYMBOL, 7 CLUB SYMBOL, 6 CLUB SYMBOL, 5 CLUB SYMBOL, 4 CLUB SYMBOL, 3 CLUB SYMBOL, 2 CLUB SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $1,000 and $50,000. The possible red play symbols are: A DIAMOND SYMBOL, K DIAMOND SYMBOL, Q DIAMOND SYMBOL, J DIAMOND SYMBOL, 10 DIAMOND SYMBOL, 9 DIAMOND SYMBOL, 8 DIAMOND SYMBOL, 7 DIAMOND SYMBOL, 6 DIAMOND SYMBOL, 5 DIAMOND SYMBOL, 4 DIAMOND SYMBOL, 3 DIAMOND SYMBOL, 2 DIAMOND SYMBOL, A HEART SYMBOL, K HEART SYMBOL, Q HEART SYMBOL, J HEART SYMBOL, 10 HEART SYMBOL, 9 HEART SYMBOL, 8 HEART SYMBOL, 7 HEART SYMBOL, 6 HEART SYMBOL, 5 HEART SYMBOL, 4 HEART SYMBOL, 3 HEART SYMBOL and 2 HEART 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. 1073 - 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 or $100.
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 (1073), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 75 within each pack. The format will be: 1073-0000001-001.
K. Pack - A pack of "WPT® TEXAS HOLD 'EM® POKER" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WPT® TEXAS HOLD 'EM® POKER" Instant Game No. 1073 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 "WPT® TEXAS HOLD 'EM® POKER" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. A player must use the 2 cards for each PLAYER and the COMMUNITY CARDS to make the best 5-card poker hand. The player must do the same with the CHAMPION hand. If any PLAYER's best 5-card poker hand beats the CHAMPION's best 5-card poker hand, the player wins the PRIZE shown for that PLAYER. Each ticket uses one 52-card deck. There are no Wild Cards in this game. 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 22 (twenty-two) 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 22 (twenty-two) 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 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) 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. Listed below is a Glossary of Terms for use in the patterns to follow:
"Starting Hand" - The two (2) cards underneath the scratch-off coating marked "PLAYER 1" through "PLAYER 5" or underneath the Scratch-off coating marked "CHAMPION".
"Board" - The five (5) cards underneath the scratch-off coating marked "COMMUNITY CARDS".
"Suit" - The Spades, Hearts, Diamonds and Clubs are the four (4) Suits.
"Suited" - Any amount of cards where each card is of the same Suit (for example, 4 of Hearts + 5 of Hearts).
"Non-suited" - Any amount of cards where at least one is of a different suit (for example, 4 of Hearts + 5 of Spades).
"Sequential" - Any amount of cards that are connected (for example, 10 of Hearts; Jack of Hearts; Queen of Diamonds; King of Clubs; Ace of Spades).
"Non-Sequential" - Any amount of cards that are not connected (for example, Ace of Hearts + Queen of Diamonds).
"Pair" - Two (2) cards of the exact same rank (for example, Ace of Diamonds + Ace of Spades or 7 of Hearts + 7 of Clubs).
"Three of a Kind" - Three (3) cards of the exact same rank.
"Straight" - Five (5) non-suited cards in sequential order (for example, 2 of Clubs; 3 of Hearts; 4 of Diamonds; 5 of Spades; 6 of Diamonds).
"Flush" - Five (5) non-sequential cards of the same suit (for example, 2 of Diamonds; 4 of Diamonds; 5 of Diamonds; Jack of Diamonds; King of Diamonds).
"Full House" - Three (3) of a kind with a pair (for example, 4 of Diamonds; 4 of Clubs; 4 of Spades; 9 of Hearts; 9 of Diamonds).
"Four of a Kind" - Four (4) cards of the exact same rank.
"Straight Flush" - Five (5) suited and sequential cards, EXCEPT the highest five (5) sequential cards.
"Royal Flush" - The highest five (5) suited and sequential cards (for example, 10 of Diamonds; Jack of Diamonds; Queen of Diamonds; King of Diamonds; Ace of Diamonds).
"Final Hand" - The highest ranking five-card hand that uses the two (2) cards in either STARTING HAND with the five (5) cards on the Board.
B. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
C. No duplicate non-winning prize symbols on a ticket.
D. Non-winning prize symbols will never be the same as a winning prize symbol(s).
E. A ticket may only win once in each table for a total of five possible wins on a ticket.
F. The $1,000 and $50,000 prize symbols will appear at least once on every ticket unless otherwise restricted by the prize structure.
G. Tickets can win up to five (5) times on a ticket in accordance with the approved prize structure.
H. There will be no duplicate card play symbols on a ticket.
I. No PLAYERS 1 through 5 hand will ever tie the CHAMPION'S hand.
J. On winning hands when the CHAMPION'S hand is equal to 1 pair, all winning PLAYERS 1 through 5 must have a value of a greater 1 Pair, or higher.
K. On winning hands when CHAMPION'S hand is equal to 2 Pair, all winning PLAYERS 1 through 5 must have a value of 3 of a Kind or higher.
L. On winning hands when CHAMPION'S hand is equal to 3 of a Kind, all winning PLAYERS 1 through 5 must have a value of Straight or higher.
M. On winning hands when CHAMPION'S hand is equal to Straight, all winning PLAYERS 1 through 5 must have a value of Flush or higher.
N. On winning hands when CHAMPION'S hand is equal to Flush, all winning PLAYERS 1 through 5 must have a value of Full House or higher.
O. On winning hands when CHAMPION'S hand is equal to Full House, all winning PLAYERS 1 through 5 must have a value of 4 of a Kind or higher.
P. On non-winning hands when CHAMPION'S hand is equal to Full House, all losing PLAYERS 1 through 5 must have a value of Flush or lower.
Q. On non-winning hands when CHAMPION'S hand is equal to Flush, all losing PLAYERS 1 through 5 must have a value of Straight or lower
R. On non-winning hands when CHAMPION'S hand is equal to Straight, all losing PLAYERS 1 through 5 must have a value of 3 of a Kind or lower.
S. On non-winning hands when CHAMPION'S hand is equal to 3 of a Kind, all losing PLAYERS 1 through 5 must have a value of 2 Pair or lower.
T. On non-winning hands when CHAMPION'S hand is equal to 2 Pair, all losing PLAYERS 1 through 5 must have a value of 1 Pair, or lower.
U. On non-winning hands when CHAMPION'S hand is equal to 1 Pair, all losing PLAYERS 1 through 5 must have a value less than 1 Pair, or lower.
V. No CHAMPION'S hand will be higher than a Full House.
W. No CHAMPION'S hand will contain any combination of A, 2, 3, 4 and 5.
X. No PLAYERS 1 through 5 when used in combination with the COMMUNITY CARDS within a single hand will contain any combination of A, 2, 3, 4 and 5.
Y. Each and every Starting Hand (PLAYER 1 through PLAYER 5 or CHAMPION'S hand) will come from one of the following groups:
1. Any Pair
2. Any Suited and Sequential two (2) cards
3. Any Non-Suited and Sequential or any Non-Suited and Non-Sequential Cards where BOTH cards are either a 10, Jack, Queen, King or Ace
Z. If any of the six Starting Hands contain two suited cards, then NONE of the other five Starting Hands will contain two suited cards from that EXACT SAME suit. (For example, PLAYER 1 play symbols are Queen of Diamonds + Jack of Diamonds, then CHAMPION'S hand play symbols will never be Ace of Diamonds + King of Diamonds. However, CHAMPION'S hand play symbols could be Ace of Clubs + Queen of Hearts).
AA. No two of the six Starting Hands will ever be of the same rank. (For example Jack of Hearts + 10 of Hearts vs. Jack of Diamonds + 10 of clubs + 4 of Diamonds vs. 4 of Hearts + 4 of Spades).
BB. The 5 COMMUNITY CARDS will never create a Straight, Flush, Full House, Four of a Kind, Straight Flush or Royal Flush.
CC. The 5 COMMUNITY CARDS will never contain four cards of the same suit.
DD. Every Straight or Straight Flush will use the card ranks below. An Ace will never be used in a Straight or Straight Flush. 2, 3, 4, 5, 6 3, 4, 5, 6, 7 4, 5, 6, 7, 8, 5, 6, 7, 8, 9 6, 7, 8, 9, 10 7, 8, 9, 10 Jack 8, 9, 10, Jack, Queen 9, 10, Jack, Queen, King
EE. A CHAMPION'S hand will never be a straight if any PLAYER 1 through 5 hand contains a Straight Flush or Royal Flush.
FF. Any winning hand above and including a Full House will win $100 or more.
2.3 Procedure for Claiming Prizes.
A. To claim a "WPT® TEXAS HOLD 'EM® POKER" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00 or $100, 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 or $100 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 "WPT® TEXAS HOLD 'EM® POKER" 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 "WPT® TEXAS HOLD 'EM® POKER" 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 "WPT® TEXAS HOLD 'EM® POKER" 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 "WPT® TEXAS HOLD 'EM® POKER" 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 7,080,000 tickets in the Instant Game No. 1073. 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. 1073 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. 1073, 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-200802359
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 5, 2008
Request for Qualifications - Agreement for Internal Audit and Risk Assessment Services
PURPOSE
The Texas Department of Public Safety (TXDPS or Department) is seeking to enter into a contract, under which highly qualified auditors will provide governmental auditing, accounting expertise and risk assessment services for fiscal years 2008 through 2009. The successful vendor will work with the Director of Audit and Inspection (Director or Project Manager) to do the following: a) complete certain internal audit projects; b) evaluate and contribute to the improvement of risk management and control processes within the Department; and c) provide internal auditing services to include risk assessments, informal and formal advice, analysis, or assessments of Department business processes, governance processes, and related controls.
BACKGROUND
The Office of Audit and Inspection plans and conducts internal audits appraising the effectiveness, efficiency, and reliability of the Department's administrative, information technology, and accounting systems and controls. Due to staff retention issues in recent years, the fiscal year 2008 Internal Audit Plan cannot be completed without outsourced assistance. Furthermore, the function would benefit from ongoing outsourced support in fiscal year 2009 as the Office of Audit and Inspection continues to provide the Department with internal auditing services. The Department is a dynamic organization that manages ever increasing challenges to its limited resources in the accomplishment of its operating objectives. It is imperative that the Department takes every opportunity to ensure its processes are as effective and efficient as possible. A vendor is needed to provide auditing services on a broad range of operational/financial topics relative to the Department's business processes, governance processes, and related controls.
In addition, the Department seeks an independent risk assessment of all Department programs and related auditable units. The purpose of such an assessment will be to develop the Department's annual internal audit plan.
REQUIREMENTS
The selected vendor must comply with the requirements of Chapter 2102 of the Government Code (Internal Auditing) and §§411.241 - 411.243 of the Government Code.
TXDPS is seeking highly qualified auditors to:
1. Complete approximately 800 hours of internal audit work planned for fiscal year 2008, on or before September 15, 2008. The initial objectives for this work have been established by the Director, as follows:
a. Capital Asset Accounting - Are the processes used to account for capital assets working as designed and providing reliable information about the location and value of Department capital assets?
b. Criminal Law Enforcement Reporting and Information System ("CLERIS") Management - Is the management of access, reliability of data, and security of this database adequate?
c. Texas Law Enforcement Telecommunications System ("TLETS") Transition Project - Was this project managed in compliance with Department contract management policies/procedures?
d. TXDPS Information Management Service ("IMS") Training - Is IMS personnel training being targeted to address the needs of the Department?
e. Satellite Contract - Evaluate the quality of the contract, its management, and determine whether deliverables contracted for were received.
f. TXDPS Central Cash Receiving - IT Resources & Applications Control - Are the IT resources in Central Cash Receiving adequate and supported by vendors? Evaluate the applications controls of programs used in Central Cash Receiving.
g. IMS Programming Standards - Are IMS programming standards adequate? Prepare a gap analysis between Department standards and best practices.
h. Vehicle Inspection Records - perform risk assessment of this area and perform internal audit accordingly.
The vendor will be expected to keep the Director appropriately informed as the project proceeds and complete the following:
* A preliminary assessment of the risks relevant to the activity to be audited
* A refinement of the initial audit objectives based on the risk assessment
* Establish the scope of the audit project
* An audit program to complete the project
* Conduct the audit by identifying, analyzing, evaluating, and recording sufficient reliable information to support conclusions reached
* Write a report on the audit findings to include a background section and an audit results section, including any audit recommendations developed and a section that concisely states the audit objective(s), audit scope, and the audit methodologies used to complete the project.
The Director will present the report to TXDPS management and solicit their responses to any audit recommendations developed.
2. Complete a risk assessment for internal audit planning purposes, to include all Department programs and their auditable units. The assessment is to be completed on or before September 16, 2008, and delivered to the Director no later than September 26, 2008. At the Department's discretion, the Department may also request another risk assessment in fiscal year 2009 to be conducted in May and June of 2009, to be completed and delivered to the Director by July 1, 2009.
3. Upon request, provide internal auditing services to include the following in accordance with Chapter 2102 of the Government Code (Internal Auditing) and §§411.241 - 411.243 of the Government Code:
(A) ensure that operations are conducted efficiently, uniformly, and in compliance with established procedures;
(B) make recommendations for improvements in operational performance;
(C) promote economy, effectiveness, and efficiency within the department;
(D) prevent and detect fraud, waste, and abuse in department programs and operations;
(E) make recommendations about the adequacy and effectiveness of the department's system of internal control policies and procedures;
(F) advise in the development and evaluation of the department's performance measures;
(G) review actions taken by the department to improve program performance and make recommendations for improvement;
(H) review and make recommendations to TXDPS, so TXDPS can make recommendations to the Public Safety Commission and the legislature regarding rules, laws, and guidelines relating to department programs and operations;
(I) keep TXDPS fully informed of problems in department programs and operations, so TXDPS can inform the Public Safety Commission, the TXDPS director, and the legislature;
(J) coordinate with the TXDPS Project Manager so TXDPS can ensure effective coordination and cooperation among the State Auditor's Office, legislative oversight committees, and other governmental bodies while attempting to avoid duplication; and
(K) any other auditing services authorized by Chapter 2102 of the Government Code, including, but not limited to, assurance services, financial audits, compliance audits, economy and efficiency audits, effectiveness audits and investigations.
PROCUREMENT PROCESS
Schedule
The anticipated schedule of events pertaining to this RFQ is as follows:
Posting of the RFQ on the Electronic State Business Daily (ESBD) - May 7, 2008
Texas Register Posting - May 16, 2008
Questions due - May 27, 2008
Official Responses to Questions posted - May 30, 2008
Responses due - June 6, 2008
Contract Execution - June 16, 2008, or as soon thereafter as practical
Inquiries and other Correspondence
Questions concerning this RFQ must be directed in writing only via e-mail to the appropriate TXDPS Point of Contact. Questions regarding the RFQ must clearly identify which section and paragraph of the RFQ is being referenced. Questions received after May 27, 2008 at 3:00 p.m. will not be answered. Verbal inquiries are not acceptable and will receive no response.
Responses to Inquiries and Addenda
Questions and answers from this RFQ will be posted on the Texas Marketplace, Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/ as time permits, but no later than May 30, 2008 at 5:00 p.m. When contacting the ESBD, Respondents must search under RFQ #405-HQ8-9080.
TXDPS reserves the right in its sole discretion to amend this RFQ to clarify, revise, supplement or delete any provision or to add new provisions. In the event that a revision of the RFQ becomes necessary, addenda will be posted on the Texas Marketplace, Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/. It is the responsibility of Respondents to check this site frequently for amendments and/or addenda to the RFQ.
In the event of a conflict between this notice and the posting on the ESBD, the posting on the ESBD controls.
TXDPS Point of Contact
Any parties interested in obtaining a complete copy of this RFQ should go to the Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/ and download it or contact the TXDPS Point of Contact below. Any correspondence regarding procurement issues (including cost, responses, etc.) for this RFQ prior to the award of any contract shall be made to the TXDPS Point of Contact below in writing only via e-mail. Specify "RFQ #405-HQ8-9080" in the subject.
TXDPS Point of Contact: Ray Miller, CTPM, Purchaser IV
TEXAS DEPARTMENT OF PUBLIC SAFETY
Accounting & Budget Control - Purchasing
5805 North Lamar Blvd., MSC 0130
Austin, Texas 78752
Phone: (512) 424-2205
Fax: (512) 424-2546
E-mail: ray.miller@txdps.state.tx.us
Evaluation Criteria and Scoring
TXDPS will comply with §2254.027 of the Texas Government Code regarding the selection of a consultant. Responses will be evaluated under the evaluation criteria outlined in the complete RFQ posted on the Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/. TXDPS reserves the right to accept or reject any or all proposals submitted. TXDPS is not obligated to execute a contract on the basis of this notice or the distribution of any RFQ. TXDPS shall not pay for any costs incurred by any entity in responding to this Notice or the RFQ.
TRD-200802388
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: May 7, 2008
PURPOSE
The Texas Department of Public Safety (TXDPS or Department or DPS) is seeking an independent, top-down study of the Department to optimize performance, improve quality, promote the effective and efficient use of resources, and assist in the identification of future resource needs.
BACKGROUND
The Department was formed on August 10, 1935, when the Texas Legislature moved the Texas Ranger Force from the Adjutant General's Office and the Texas Highway Motor Patrol from the Highway Department to form the Texas Department of Public Safety. Control of the Department was vested in a three member Public Safety Commission. Since that time, numerous changes have been made to the organization and structure of the Department.
1937 - The Legislature gives TXDPS responsibility for licensing drivers and creates the Narcotics Section.
1951 - The Legislature gives TXDPS responsibility for enforcing the Motor Vehicle Inspection Act.
1957 - Based on an extensive study by the Texas Research League, the Legislature authorized a reorganization of the Department, dividing the state into six regional commands. The divisions at Headquarters were consolidated into four divisions in support of local law enforcement and the regional commands.
1963 - The Governor transferred the State Civil Defense Office from his office to TXDPS and designated the TXDPS Director as its head.
1967 - The Data Processing Division was formed by the Department.
1968 - The Department formed the Criminal Law Enforcement (CLE) and Traffic law Enforcement (TLE) Divisions.
1972 - The Motor Vehicle Theft Service was added to CLE.
1973 - The Department formed the Administration Division.
1978 - The Internal Affairs Unit was organized.
1980 - The Internal Audit function was established.
1983 - The Criminal Analysis Section was consolidated with the Criminal Intelligence Service.
1991 - The Capitol Police Force was transferred to the Department.
1993 - The Legislature created a separate Ranger Division.
1998 - The Department formed a separate Driver License Division.
2003 - The TLE Division reorganized, changed its name to the Texas Highway Patrol Division and increased the number of regional commands to eight.
2004 - The Texas Commission on Private Security became part of the Department.
2004 - The Governor, by Executive Order, designated the Director of the State Office of Homeland Security as Director of the Governor's Division of Emergency Management, replacing the TXDPS Director as its head.
2007 - The Bureau of Information Analysis was formed by consolidating the crime analyst functions from the various divisions.
At full strength, TXDPS employs 8,437 personnel with an annual budget of approximately $851 million. This includes 3,816 commissioned officers and 4,621 non-commissioned employees assigned to various duty stations throughout the state and Headquarters.
The Department is structurally organized into functional program areas reflecting enforcement priorities and required licensing and regulatory functions. There are six major divisions: Texas Highway Patrol, Driver License, Texas Rangers, Criminal Law Enforcement, Administration, and the Emergency Management. In addition, the Director's Staff is comprised of Accounting and Budget Control, Aircraft, Office of Audit and Inspection, Information Management Service (IMS), Employee Relations, Media Relations, Office of General Counsel, and Legislative Liaison. The Department is controlled by a five member Public Safety Commission appointed by the Governor.
In the 21st century, law enforcement agencies must be able to adequately address the traditional roles of suppressing crime, keeping the peace, ensuring safety and providing service; while at the same time, fulfilling new anti-terrorism responsibilities. Information technology has an impact on all Department functions. Constant change, disparate systems and resource limitations make it difficult for IMS to keep pace with demands. Law enforcement nationwide took on an expanded role on September 11, 2001. The Department must utilize actionable intelligence in a proactive, coordinated fashion to disrupt criminal organizations and prevent acts of terrorism. Considering a rapidly changing operating climate, the Department seeks to ensure the proper structure, resource allocation and workforce is in place to ensure operational efficiency and effectiveness. Therefore, the Public Safety Commission (PSC) has directed that a comprehensive, outside consultant study be conducted of the Department to ensure a proper management framework exists to fulfill the mission and objectives. PSC does not want change for change's sake, but rather recommendations that will actually improve the Department's ability to provide public safety in the State of Texas, today and into the future.
REQUIREMENTS
TXDPS is seeking a contractor to study the organizational structure, operation, resource allocation and workforce utilization of the Department.
The contractor, at a minimum, must:
1. Analyze the Department's current organizational structure, regional boundaries, supervision, division of labor, degree of specialization, decision-making authority, span of control, internal communication between functions, accountability, controls, degree of centralization, functional differentiation, vertical differentiation, spatial differentiation, discretion, direction, staffing levels, leadership and communications, goal setting, planning, staff allocation process, resource allocation, and development of human capital;
2. Conduct an environmental scan of the current state of public safety agency management in the United States and identify trends, issues and topics that may affect future DPS missions;
3. Conduct a best practices analysis of law enforcement/homeland security/emergency management operations and structure, assessing the relevancy to DPS and the implications for implementation and adoption; and
4. Conduct a mission effectiveness analysis, based on industry practice, for each major function of the Department.
The contractor's final report must, at a minimum, include:
1. All methodologies used to conduct the study, documentation of all sources of information, and all relevant findings;
2. All needed recommendations for improvement, including but not limited to:
a. The best organizational structure to ensure accomplishment of the DPS mission;
b. The best means to ensure effective and efficient operations;
c. The best methods to eliminate barriers to effective operations;
d. The best means to promote collaboration and teamwork;
e. The best strategies for managing issues across functional areas of responsibility;
f. The validity of currently identified core and enterprise support processes;
g. The best means to leverage scarce resources;
h. The gap analysis between the current state of DPS and the findings of the best practice analysis with recommendations to fill those specific gaps;
i. Other recommendations needed to improve quality, promote the effective and efficient use of resources, and ensure mission accomplishment;
3. A comprehensive implementation plan for any change resulting from the report's recommendations by providing a schedule with a timeline for each recommendation and a resource plan for the implementation. Change management and communication plans must be incorporated into this implementation plan. The plan must also consider and address any impediments to implementing the recommendations, measures to address such impediments, and alternative recommendations in case such impediments cannot be overcome;
4. Resources required and cost impacts associated with any recommendations; and
5. Specific means to evaluate the effectiveness of recommendations that may be implemented.
The selected Respondent must submit a draft of the final written report to the TXDPS Project Manager no later than 3:00 p.m. on September 1, 2008. Upon request, the selected Respondent must correct any errors due to incorrect information.
The selected Respondent must submit the final, original written report to the TXDPS Project Manager no later than 3:00 p.m. on September 11, 2008. The selected Respondent must deliver to the TXDPS Project Manager fourteen (14) printed copies of the final report and one (1) electronic version in a form approved by the TXDPS Project Manager no later than 3:00 p.m. on September 11, 2008.
The selected Respondent is required to make a formal presentation of the final report to the Public Safety Commission at the Public Safety Commission's monthly meeting in September, 2008, or at the next monthly meeting if the September meeting is cancelled. The selected Respondent must also answer any questions posed by the Chairman, any member of the Public Safety Commission or any person in attendance at the meeting during the formal presentation.
TXDPS reserves the right to change the deadlines listed herein.
PROCUREMENT PROCESS
This proposed procurement is contingent on a delegation of authority from the State Auditor's Office and a Finding of Fact from the Governor's Office.
Schedule
The anticipated schedule of events pertaining to this RFQ is as follows:
Posting of the RFQ on the Electronic State Business Daily (ESBD) - May 7, 2008
Texas Register Posting - May 16, 2008
Questions due - May 27, 2008
Official Responses to Questions posted - May 30, 2008
Responses due - June 6, 2008
Contract Execution - June 16, 2008, or as soon thereafter as practical
Inquiries and other Correspondence
Questions concerning this RFQ must be directed in writing only via e-mail to the appropriate TXDPS Point of Contact. Questions regarding the RFQ must clearly identify which section and paragraph of the RFQ is being referenced. Questions received after May 27, 2008 at 3:00 p.m. will not be answered. Verbal inquiries are not acceptable and will receive no response. Responses to Inquiries and Addenda
Questions and answers from this RFQ will be posted on the Texas Marketplace, Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/ as time permits, but no later than May 30, 2008 at 5:00 p.m. When contacting the ESBD, Respondents must search under RFQ #405-HQ8-9081.
TXDPS reserves the right in its sole discretion to amend this RFQ to clarify, revise, supplement or delete any provision or to add new provisions. In the event that a revision of the RFQ becomes necessary, addenda will be posted on the Texas Marketplace, Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/. It is the responsibility of Respondents to check this site frequently for amendments and/or addenda to the RFQ.
In the event of a conflict between this notice and the posting on the ESBD, the posting on the ESBD controls.
TXDPS Point of Contact
Any parties interested in obtaining a complete copy of this RFQ should go to the Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/ and download it or contact the TXDPS Point of Contact below. Any correspondence regarding procurement issues (including cost, responses, etc.) for this RFQ prior to the award of any contract shall be made to the TXDPS Point of Contact below in writing only via e-mail. Specify "RFQ #405-HQ8-9081" in the subject.
TXDPS Point of Contact: Ray Miller, CTPM, Purchaser IV
TEXAS DEPARTMENT OF PUBLIC SAFETY
Accounting & Budget Control - Purchasing
5805 North Lamar Blvd., MSC 0130
Austin, Texas 78752
Phone: (512) 424-2205
Fax: (512) 424-2546
E-mail: ray.miller@txdps.state.tx.us
Evaluation Criteria and Scoring
TXDPS will comply with §2254.027 of the Texas Government Code regarding the selection of a consultant. Responses will be evaluated under the evaluation criteria outlined in the complete RFQ posted on the Electronic State Business Daily (ESBD) website at http://esbd.cpa.state.tx.us/. TXDPS reserves the right to accept or reject any or all proposals submitted. TXDPS is not obligated to execute a contract on the basis of this notice or the distribution of any RFQ. TXDPS shall not pay for any costs incurred by any entity in responding to this Notice or the RFQ.
TRD-200802392
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: May 7, 2008
Consulting or Testifying Expert Witness Services Concerning Abuse of Market Power
RFP No. 473-08-00260, Project No. 35643
The Public Utility Commission of Texas (PUCT or Commission) is issuing a Request for Proposals (RFP) for a person or entity to provide consulting and/or testifying expert services in connection with a contested case concerning abuse of market power.
The PUCT is responsible for monitoring market power associated with the generation and sale of electricity in Texas. Texas Utilities Code §39.157(a). The PUCT is assisted by a wholesale electric market monitor, known as the Independent Market Monitor (IMM). Texas Utilities Code §39.1515.
In 2006, the IMM conducted an investigation into the bidding behavior of Luminant, the power generation subsidiary of Energy Future Holdings (formerly TXU Corp.) during the summer of 2005. The IMM concluded that Luminant's behavior constituted an abuse of market power and increased balancing energy prices by an average of 15.5%. As a result, on March 28, 2007, the Commission's Executive Director filed a Notice of Violation (NOV) recommending the assessment of administrative penalties against the company. The company filed a motion for a contested case hearing the next day.
The Commission contemplates that the successful proposer will assist Commission staff by performing some or all of the following services: reviewing discovery material; evaluating testimony by Luminant; consulting with Staff's experts; preparing responsive testimony; appearing at a hearing to defend the testimony; and assisting with the preparation of post-hearing briefs.
The proposal submission deadline is 5:00 p.m., Friday, June 6, 2008.
The complete RFP is on the PUC website at:
http://www.puc.state.tx.us/about/procurement/currentrfps.cfm
To obtain a copy of the RFP, contact Cindy Wilson, Purchaser at (512) 936-7069; or cindy.wilson@puc.state.tx.us; or PUCT, P.O. Box 13326, Austin, TX 78702-3326.
TRD-200802376
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 6, 2008
Notice is given to the public of an application filed on May 1, 2008, with the Public Utility Commission of Texas (commission) for an amendment to a certificated service area boundary in Collin County, Texas.
Docket Style and Number: Application of AT&T Texas to Amend a Certificate of Convenience and Necessity for a Minor Boundary Amendment Between the Frisco Exchange (AT&T) and the Plano Exchange (Verizon). Docket Number 35624.
The Application: The minor boundary amendment will realign the boundary between the Frisco exchange of AT&T Texas and the Plano exchange of Verizon to allow AT&T Texas to provide local exchange telecommunications services to the new Normandy Estates subdivision. This amendment will transfer a small portion of territory from Verizon to AT&T Texas to provide service to an area where Verizon does not have facilities.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by May 23, 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 35624.
TRD-200802387
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 7, 2008
Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas on April 29, 2008, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.101 and §37.154 (Vernon 2007) (PURA).
Docket Style and Number: Joint Application of AEP Texas Central Company and LCRA Transmission Services Corporation to Transfer Certificate Rights and for Approval of Transfer of Facilities in Hidalgo, Nueces, and Maverick Counties, Docket Number 35613.
The Application: This transaction involves the transfer from AEP Texas Central Company to LCRA Transmission Services Corporation, transmission facilities and associated certificate of convenience and necessity rights. The transmission facilities proposed for transfer are: (1) an approximate 2.7-mile portion of the 69-kV transmission facilities located on the Flato Partner's Property along the North Padre Island Tap-to-Port Aransas Substation transmission line located in Nueces, County; (2) the Laguna Substation-to-Naval Base Substation 69-kV transmission facility located in Nueces County; (3) the Pueblo Substation-to-Pueblo Tap 138-kV transmission facility located in Maverick County; and (4) the Bates-to-Goodwin Substation 138-kV located in Hidalgo County.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 35613.
TRD-200802286
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 30, 2008
The staff of the Public Utility Commission of Texas (PUC or commission) has initiated Project Number 35444, Rulemaking to Update Subst. R. §25.93 for the Nodal Market Transactions and Associated Filing. PUC Substantive Rule §25.93 requires any person, municipally owned utility, electric cooperative and river authority that owns electric generation facilities and offers electricity for sale in this state as well as power marketers as defined in PUC Substantive Rule §25.5, relating to Definitions, to submit all wholesale transactions for the sale of electricity that begin or terminate in Texas, or occur entirely within Texas, including areas of the state not served by the Electric Reliability Council of Texas (ERCOT).
The commission will make available for comment the Draft Instructions, Form, and questions in the PUC Agency Information System (AIS) under Project Number 35444 on Friday, May 9, 2008. Parties are requested to provide comments by Friday, June 6, 2008.
Written comments concerning this project may be filed by submitting 4 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. All comments should reference Project Number 35444.
Questions concerning Project Number 35444 should be referred to Tony Grasso, Market Economist, Wholesale Markets Section of the Competitive Markets Division, (512) 936-7385. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200802406
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 7, 2008
Notice of Sale of Oil, Gas, and Sulphur Lease
The Board of Regents of The Texas A&M University System, pursuant to provisions of Vernon's Texas Code Annotated (V.T.C.A.), Education Code, Chapter 85, as amended, and subject to all policies and regulations promulgated by the Board of Regents, offers for sale at public auction in Suite 2079, System Real Estate Office, The Texas A&M University System, A&M System Building, 200 Technology Way, College Station, Texas, at 10:00 a.m., Wednesday, June 11, 2008, an oil, gas and sulphur lease on the following described land in Newton County, Texas. The property offered for lease contains 711.50 mineral acres, more or less, and more particularly described as follows:
711.50 acres of land, more or less, out of the John T. Lewis Survey A-264, Newton County, Texas
The minimum lease terms, which apply to this tract, are as follows:
(1) Bonus: Market rate, but in no event will it be less than $400 per net mineral acre
(2) Royalty: 25%
(3) Primary term: Three (3) years
(4) Net Mineral Acres: 711.50 (More or Less)
Highest bidder shall pay to the Board of Regents on the day of the sale 25% of the bonus bid, and the balance of the bid shall be paid to the Board within twenty-four (24) hours after notification that the bid has been accepted. All payments shall be by cash, certified check or cashier's check as the Board may direct. Failure to pay the balance of the amount bid will result in forfeiture to the Board of the 25% paid. The Board of Regents of The Texas A&M University System RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS . The successful bidder will be required to pay all advertising expenses and administrative costs.
Further inquiries concerning oil, gas and sulphur leases on System land should be directed to:
Melody Meyer
System Real Estate Office
The Texas A&M University System
200 Technology Way, Suite 2079
College Station, Texas 77845-3424
(979) 458-6350
TRD-200802408
Vickie Burt Spillers
Executive Secretary to the Board of Regents
The Texas A&M University System
Filed: May 7, 2008
Aviation Division - Request for Proposal for Aviation Architectural/Engineering Services
The City of Center, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below:
Airport Sponsor: City of Center, Center Municipal Airport. TxDOT CSJ No.08HGCENTR. Scope: Provide engineering/design services for site development and associated utilities and appurtenances for a 10-unit pre-engineered metal aircraft hangar building system with hangar access paving at the Center Municipal Airport.
There is no DBE goal for this project. TxDOT Project Manager is John Wepryk.
To assist in your proposal preparation the criteria, 5010 drawing and most recent airport layout plan are available online at www.txdot.gov/avn/avninfo/notice/consult/index.htm by selecting "Center Municipal Airport."
Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal". The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site at www.txdot.gov/services/aviation/consultant.htm. The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.
Please note:
Five completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than June 6, 2008, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Edie Stimach.
The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each.
The criteria for evaluation proposals is project specific and not the usual criteria located online at our website. The criteria to be utilized can be found in the Request for Proposals package online at www.txdot.gov/avn/avninfo/notice/consult/index.htm and selecting "Center Municipal Airport ." All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.
If there are any procedural questions, please contact Edie Stimach, Grant Manager at 1-800-68-PILOT at extension 4518. For technical questions, please contact John Wepryk, at 1-800-68-PILOT at extension 4533.
TRD-200802334
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: May 2, 2008
In accordance with the provisions of Texas Government Code , Chapter 2254, The University of Texas System (U.T. System) requests information from law firms interested in representing U.T. System and U.T. institutions in the areas of law described below. U.T. System, located in Austin, governs six health institutions (located in Dallas, Galveston, Houston, San Antonio, and Tyler) and nine academic institutions (located in Arlington, Austin, Brownsville, Dallas, Edinburg, El Paso, Midland-Odessa, San Antonio, and Tyler). This RFI is issued to establish a referral list from which U.T. System, by and through its Office of General Counsel, will select appropriate counsel for representation of U.T. System and U.T. institutions on specific matters as the need arises during the timeframe beginning September 1, 2008 to August 31, 2010. U.T. System invites responses to this RFI from qualified firms for the provision of legal services under the direction and supervision of the U.T. System's Office of General Counsel. Subject to approval by the Texas Attorney General, U.T. System will engage outside counsel with experience in the following areas of law:
Communications (FCC): Representation and advice regarding communications law, noncommercial broadcast issues, First Amendment and broadcast journalism legal issues, including but not limited to preparing, filing, prosecuting, maintaining, and renewing various permits, licenses, and license applications with the Federal Communications Commission.
Corporate Law: Representation and advice regarding corporate and securities transactions and regulations, including but not limited to entity formation, such as corporations, joint ventures, limited partnerships, limited liability companies, 501(c)(3) corporations, and public-private partnerships; drafting and filing entity documents; filing for certificates of authority to transact business in other states; and private equity investing.
Employment Law: Representation and advice regarding complex employment law issues.
Export Controls: Representation and advice regarding U.S. export controls and related technology transfer controls, including but not limited to review, revision, implementation or updating of compliance policies and procedures; compliance training; review of deemed export or technical data export aspects of educational activities, laboratory research, sponsored research contracts, and other activities; export control classification, jurisdiction, and licensing advice; U.S. economic sanctions, embargoes, denied parties, and related matters; import/export counseling; compliance reviews. In addition, legal services may be provided concerning government contracting issues and application of relevant U.S. laws and regulations relating to same.
Federal ESEA: Representation and advice regarding implementation of the Elementary and Secondary Education Act (ESEA), including but not limited to assistance on U.T. System K-16 initiative; funding flows from ESEA; making appropriate contact with federal and state officials; presentations to U.T. System and institution personnel regarding the U.T. System initiative; presentations to the Texas Legislature, foundations, Regents, and others concerning the legal and practical aspects of the K-16 initiative.
Health Law: Representation and advice regarding billing, reimbursement, and health insurance provider issues; research contracting; Health Insurance Portability and Accountability Act (HIPAA); regulatory compliance; managed care contracting; healthcare operations; and other general health law matters.
Immigration Law: Representation and advice regarding immigration law matters, including but not limited to petitioning for nonimmigrant visas (including H-1Bs); petitioning for employer sponsored permanent residence; representation before the Department of Labor, including labor condition applications, labor certifications, Program Electronic Review Management (PERM) complying with the Student and Exchange Visitor Information System (SEVIS) requirements; impact of homeland security issues on immigration law; and interaction with and representation before applicable U.S. governmental agencies, including the Department of Homeland Security and the Department of Labor, as well as the U.T. System Office of General Counsel, U.T. System institutions' international offices, and human resources offices. Outside counsel should be admitted to practice before all United States District Courts in Texas.
Intellectual Property Matters: Representation and advice regarding intellectual property matters, including but not limited to preparing, filing, prosecuting, and maintaining patent applications in the United States and other countries; securing copyright protection for computer software; preparing, filing, and prosecuting applications to register trademarks and service marks in the United States and other countries; complex licensing transactions; and all other related matters.
Litigation - General: Representation and advice regarding complex litigation matters, including but not limited to employment litigation, real estate litigation, wills and estate litigation, Texas Public Information Act litigation, and commercial and creditors' rights litigation.
Litigation - IP: Representation and advice regarding all intellectual property matters, including but not limited to pursuit of litigation against infringers of U.T. System intellectual property rights and defense of any intellectual property related claims.
Ombuds Services: Representation and advice on a wide variety of ombuds matters, including guidance regarding International Ombuds Association standards and laws regarding ombuds practices.
Public School Law: Representation and advice to U.T. Austin regarding public school law issues regarding the University Charter School and the University of Texas Elementary School.
Radio, Television, and Film Matters: Represent and advise the College of Communication at U.T. Austin regarding the creation and operation of legal entities designed to support, enhance, finance, and otherwise contribute to the film program and to prepare and file appropriate documentation to evidence the legal affairs of such entities as well as other related matters.
Real Estate and Finance Transactions: Representation and advice regarding acquisitions, dispositions, eminent domain, financings, entity formation (joint ventures, limited partnerships, limited liability companies, real estate investment trusts, business trusts), securitization, leasing, construction contracting, and workouts and restructurings.
Real Estate and Oil & Gas Transactions Outside the State of Texas: Representation and advice regarding real estate and oil and gas transactions, including but not limited to litigation or hearings related to oil, gas, or other mineral interests that are located outside the State of Texas and that are either owned by or proposed to be given to U.T. System or one of its institutions; and litigation or hearings related to real estate interests and trust, estate, and probate matters that are located outside the State of Texas and that are either owned by or proposed to be given to U.T. System or one of its institutions.
Tax-Exempt Bond Matters: Public, tax-exempt bond issuance is conducted under two major programs and is rated by three major rating agencies. Under authority granted in Article VII, Section 18 of the Texas Constitution, Chapter 55, Texas Education Code and Chapters 1207 and 1371, Texas Government Code, and other applicable laws, the U.T. System issues revenue bonds for capital improvements in support of the U.T. System's $8.4 billion Capital Improvement Program. Commercial paper and flexible rate note programs are generally used for interim financing with long-term bonds sold to provide more permanent financing. These long-term bonds, which may be either fixed rate or variable rate, may be combined with interest rate swap agreements pursuant to International Swaps and Derivatives Association, Inc. (ISDA) master swap agreements. Advance refunding of bonds, interest rate swaps, and escrow restructures of previously defeased bonds, are expected to be undertaken based on market conditions. Federal tax related matters regarding bonds issued by the U.T. System, including strategies and management practices in the conduct of an exempt debt program requires a close working relationship with bond counsel. In addition, the U.T. System works with counsel regarding the preparation of the annual Securities and Exchange Commission filings. Contact with debt management staff is frequent due to the volume of debt issuance.
Tax Matters: Representation and advice regarding state taxes, state pension issues and plans available only to universities, and regarding federal income, estate, gift, employment, and excise taxes, including but not limited to matters regarding: taxation of any kind, including tax liens, tax garnishments, tax levies, tax assessments, tax valuations, as well as summonses, subpoenas, and discovery relating to tax matters; tax audits; appeals of tax issues; tax hearings before administrative law judges and magistrates; appeals to Internal Revenue Service (IRS) appeals officers, district court, U.S. Tax Court, U.S. District Court, U.S. Court of Claims, and other venues on tax matters; employee benefits such as Internal Revenue Code (I.R.C.) Section 125 cafeteria plans, the Texas Optional Retirement Program, I.R.C. Section 403(b), Section 415(m), and Section 457(a), Section 457(b), and Section 457(f) plans; income tax matters, including unrelated business income tax as it relates to universities; federal tax matters regarding compensation issues related to university hospitals and physicians; interaction with and representation before the IRS and other taxing authorities in any tax controversy; and charitable fundraising activities. Although outside counsel will not be required to prepare the System tax return, it will be required to give legal advice on issues relating to the filing of tax returns and the appropriate treatment of tax matters on such returns. Outside counsel should be admitted to practice before the Texas district courts, the U.S. Tax Court, the U.S. District Court and the U.S. Court of Claims.
UTIMCO Oversight: Representation and advice to the U.T. System Board of Regents regarding the discharge of its fiduciary duties in managing the investment funds under its control by responding to the more complex legal questions that arise in investment management areas, including questions regarding compliance with the intent behind Sarbanes-Oxley duties and responsibilities; and to the Office of General Counsel and the Office of Finance in their provision of enhanced oversight over The University of Texas Investment Management Company.
Utility Matters: Representation and advice in utility matters, including but not limited to natural gas, electric, and telecommunications matters, including reviewing contracts, conducting research, rendering legal opinions, pursuing litigation, and handling other utility-related legal matters.
Responses: Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in the specific area of law for which the firm is responding; (2) the expertise, including scientific or technical, of the attorneys that would be assigned to work on such matters; (3) the submission of fee information in the form of a range of hourly rates (not to exceed $500 per hour) for each billing class of personnel who may be assigned to perform services in relation to U.T. System's matter and/or a proposed flat fee or other fee arrangement directly related to the achievement of specific goals and cost controls; (4) a description of the efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and the specific areas of law in particular; (5) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U.T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); (6) the firm's agreement with the billing guidelines, which among other things sets forth the allowable billable expenses; and (7) confirmation of willingness to comply with policies, directives, and guidelines of the U.T. System and the Attorney General of the State of Texas. Responses will be reviewed by U.T. System and the U.T. System institutions. You will be contacted via email if the U.T. System or a U.T. System institution chooses to contract with your firm for outside counsel services.
Format and Person to Contact: Responses are to be completed online at http://www.utsystem.edu/OGC/RFIResponse. Please do not forward any materials directly to U.T. System. Questions should be addressed to Barry D. Burgdorf, Vice Chancellor and General Counsel, Office of General Counsel, The University of Texas System and sent to bhurst@utsystem.edu.
Deadline for Submission of Response: All responses must be completed and submitted to the Office of General Counsel of U.T. System through the website noted above no later than 11:59 p.m., Monday, June 16, 2008.
TRD-200802405
Francie A. Frederick
General Counsel to the Board of Regents
The University of Texas System
Filed: May 7, 2008