In Addition

In Addition

Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapter 403 and Chapter 2156, Texas Government Code, and Chapter 54, Subchapter F, Texas Education Code, the Comptroller of Public Accounts (Comptroller) on behalf of the Texas Prepaid Higher Education Tuition Board (Board) announces its Request for Proposals (RFP #186b) for the purpose of obtaining Bank Loan investment management services for the Board for the Texas Tomorrow Fund Guaranteed Tuition Plan Funds (Texas Tomorrow Fund I). The selected contractor (Contractor) will advise and assist the Board and Comptroller in administering the Board's investment activities related to a Bank Loan Mandate for Texas Tomorrow Fund I. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP on behalf of the Board so that the Board may move forward with retaining the necessary Contractor. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, Contractor will be expected to begin performance of the contract on or about September 1, 2008, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, in the Issuing Office at: 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, May 30, 2008, after 10:00 a.m. Central Zone Time (CZT) and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily (ESBD) at: http://esbd.cpa.state.tx.us after 10:00 a.m. CZT on Friday, May 30, 2008.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and Non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Friday, June 6, 2008. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. Non-mandatory Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or about Thursday, June 12, 2008, the Comptroller expects to post responses to questions on the ESBD. Late Non-mandatory Letters of Intent and Questions will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel, Contracts, no later than 2:00 p.m. (CZT), on Monday, June 23, 2008. Late Proposals will not be considered under any circumstances. Respondents shall be solely responsible for verifying time receipt of Proposals in the Issuing Office.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board and Comptroller will make the final decision. The Comptroller and the Board each reserve the right to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this Notice or to the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - May 30, 2008, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - June 6, 2008, 2:00 p.m. CZT; Official Responses to Questions posted - June 12, 2008; Proposals Due - June 23, 2008, 2:00 p.m. CZT; Contract Execution - September 1, 2008, or as soon thereafter as practical; Commencement of Services - September 1, 2008.

TRD-200802646

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: May 21, 2008

Notice of Vendor Conference

The Comptroller of Public Accounts (Comptroller) wishes to announce that a vendor conference will be conducted for potential respondent(s) interested in assisting the Comptroller in conducting Appraisal Standards Reviews (ASR) of selected county appraisal districts (CADs) throughout the state for the coming Fiscal Year (FY 2009). This vendor conference will be an informational meeting designed to provide updated information about the ASR process to potential respondents interested in assisting the Comptroller in conducting ASRs, as required by law.

Background: According to Texas Property Tax Code (Code), §5.102, the Comptroller is annually required to perform ASRs of selected CADs with eligible school districts, as determined by the Comptroller's Annual Property Value Study of School District Taxable Wealth (Study) in the state. The Comptroller anticipates conducting about 30 ASR reviews during FY 2009.

Conference Time and Location: Parties interested in attending are hereby notified that the vendor conference will be held between 1:00 p.m. and 5:00 p.m., Central Zone Time (CZT), in Room 1.100, of the William B. Travis State Office Building, located at 1701 North Congress Avenue, Austin, Texas 78701.

Contact Person: To request a copy of the agenda for the conference or obtain other information, interested firms and individuals should contact Jeff Van Pelt, at (512) 463-3820. Handouts and other information will be provided at the conference. Attendees will be provided the opportunity to ask questions about the ASR process and protocols and network with other attendees.

No Obligation: Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice of vendor conference or as a consequence of conducting this vendor conference. All attendees understand that Comptroller shall make no award of any contracts or otherwise as a result of this conference and reserves full discretion and authority to issue a Request for Proposals (RFP) for the future services, if any, necessary to conduct any and all ASRs, if any, as required by law.

No Liability or Costs: Comptroller shall not incur liability of any kind to any person or firm or other entity and shall not pay for any costs or expenses incurred by any person or other entity in travelling to or in attending this vendor conference or otherwise in responding to this Notice or to any future RFP.

TRD-200802645

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: May 21, 2008

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/26/08 - 06/01/08 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 05/26/08 - 06/01/08 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 06/01/08 - 06/30/08 is 5.00% for Consumer/Agricultural/Commercial/credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 06/01/08 - 06/30/08 is 5.00% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

TRD-200802613

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 20, 2008

Court Reporters Certification Board

Certification of Court Reporters

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

MACHINE SHORTHAND: JILL MOYLE - HOUSTON, TX; MARIA PENA - DALLAS, TX; DAELEEN MELENDEZ - EL PASO, TX; AMANDA BARTHLOME - ANGLETON, TX; JENNIFER CAMPBELL - MCKINNEY, TX; KATHERENE SARRATT - PROSPER, TX; CHRISTINA NOYOLA - BEDFORD, TX; DESTINY CALAHAN - CLEBURNE, TX; and AMANDA BLOMSTROM - MORRISTOWN, NJ.

ORAL STENOGRAPHY: REBECCA MIFFLIN - DALLAS, TX; SHERRI PERKINS - GRAND PRAIRIE, TX; ARDENIA HUNT - IRVING, TX; JUAN HERRERA - FORT WORTH, TX; and PHILIP SOMMERLAD - DALLAS, TX.

TRD-200802614

Sheryl Jones

Administrator of Licensing

Court Reporters Certification Board

Filed: May 20, 2008

Credit Union Department

Application to Amend Articles of Incorporation

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application was received from U.S. Employees Credit Union, The Woodlands, Texas to amend its Articles of Incorporation relating to place of business.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200802643

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 21, 2008

Applications for a Merger or Consolidation

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application was received from Sid Richardson Employees State Credit Union (Odessa) seeking approval to merge with Members Financial Federal Credit Union (Midland), with the latter being the surviving credit union.

An application was received from First Central Credit Union (Waco) seeking approval to merge with Superior Community Credit Union (Brownwood). First Central Credit Union will be the surviving credit union.

TRD-200802642

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 21, 2008

Applications to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration:

An application was received from Midwestern State University Credit Union, Wichita Falls, Texas to expand its field of membership. The proposal would permit students who are officially accepted and attending Midwestern State University, to be eligible for membership in the credit union.

An application was received from MemberSource Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of Satellite Logistics Group, and their subsidiaries, affiliates or successors who work in, are paid or supervised from Houston, Texas, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit Unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200802641

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 21, 2008

Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:

Applications to Expand Field of Membership - Approved

Service 1st Credit Union, Greenville, Texas - See Texas Register issue dated August 31, 2007.

Star of Texas Credit Union, Austin, Texas - See Texas Register issue dated January 25, 2008.

Texans Credit Union, Richardson, Texas - See Texas Register issue dated February 29, 2008.

U.S. Employees Credit Union, The Woodlands, Texas - See Texas Register issue dated February 29, 2008.

Applications for a Merger or Consolidation - Approved

Nordstrom Sulphur Springs Federal Credit Union (Sulphur Springs) and Service 1st Credit Union (Greenville) - See Texas Register issue dated August 31, 2007.

BMA Credit Union (Mesquite) and Neighborhood Credit Union (Dallas) - See Texas Register issue dated April 11, 2008.

TRD-200802644

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 21, 2008

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 30, 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 30, 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: Alonzo Aguilar dba Aguilars Grocery; DOCKET NUMBER: 2008-0719-PST-E; IDENTIFIER: RN102274669; LOCATION: Brewster County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 Texas Administrative Code (TAC) §334.50(a)(1)(A), by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(2) COMPANY: City of Corpus Christi; DOCKET NUMBER: 2008-0051-MSW-E; IDENTIFIER: RN100224724; LOCATION: Nueces County; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.121(a) and Municipal Solid Waste Permit Number 423-A, by exceeding the facility's permitted capacity; PENALTY: $7,800; Supplemental Environmental Project (SEP) offset amount of $7,800 applied to Beautify Corpus Christi Association-Cleanup of Illegal Dump Sites; ENFORCEMENT COORDINATOR: Cynthia McKaughan, (512) 239-0735; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(3) COMPANY: DAVIS AND WARDLAW OIL CO., INC.; DOCKET NUMBER: 2008-0424-PST-E; IDENTIFIER: RN105457196; LOCATION: Seymour and Wylie; Baylor and Collin Counties; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §115.221 and Texas Health and Safety Code (THSC), §382.085(b), by failing to ensure that the displaced vapors from the underground storage tank (UST) were captured during transfer of gasoline from a tank-truck into an UST system; PENALTY: $900; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674 and 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: El Paso Independent School District; DOCKET NUMBER: 2007-1858-AIR-E; IDENTIFIER: RN103102869; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: transportation annex; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to ensure a minimum of 2.7% oxygenate in gasoline; PENALTY: $790; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 899-8784; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(5) COMPANY: El Paso Independent School District; DOCKET NUMBER: 2007-1982-AIR-E; IDENTIFIER: RN102523354; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: fuel dispensing station; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to ensure a minimum of 2.7% oxygenate in gasoline; PENALTY: $750; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 899-8784; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(6) COMPANY: Falcon Gunite Co., Inc.; DOCKET NUMBER: 2008-0376-AIR-E; IDENTIFIER: RN100720440; LOCATION: Austin, Travis County; TYPE OF FACILITY: gunite materials handling plant; RULE VIOLATED: 30 TAC §106.203(7) and THSC, §382.085(b), by failing to comply with conditions of Permit by Rule Registration Number 33084, which requires that the transfer of cement from the storage silo shall be handled through closed conveying systems with no visible fugitive emissions; PENALTY: $950; ENFORCEMENT COORDINATOR: Sidney Wheeler, (512) 239-4969; REGIONAL OFFICE: 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(7) COMPANY: Fiorano Ventures, L.L.C.; DOCKET NUMBER: 2007-0509-EAQ-E; IDENTIFIER: RN105155808; LOCATION: Comal County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to beginning a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $24,000; ENFORCEMENT COORDINATOR: Sidney Wheeler, (512) 239-4969; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: J.C. CONOCO, INC.; DOCKET NUMBER: 2008-0193-PST-E; IDENTIFIER: RN101836518; LOCATION: Baytown, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code §26.3475(c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.50(d)(1)(B)(ii) and the Code §26.3475(c)(1), by failing to conduct reconciliation of inventory control records at least once per month sufficiently accurate to detect a release which equals or exceeds the sum of 1% of the flow-through plus 130 gallons; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control measures for all USTs involved with the retail sale of petroleum substances used as motor fuel each operating day; 30 TAC §334.10(b), by failing to maintain the required UST records and make them immediately available for inspection upon request by agency personnel; 30 TAC §334.8(c)(4)(A)(vii) and (c)(5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; and 30 TAC §334.45(c)(3)(A), by failing to install an emergency shutoff valve (also known as shear or impact valve) on each pressurized delivery or product line and ensure that it is securely anchored at the base of the dispenser; PENALTY: $11,305; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5825; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: Julian Castaneda; DOCKET NUMBER: 2008-0733-WOC-E; IDENTIFIER: RN105482970; LOCATION: Seagoville, Dallas County; TYPE OF FACILITY: public water supply operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: City of Kenedy; DOCKET NUMBER: 2008-0034-PWS-E; IDENTIFIER: RN101428274; LOCATION: Kenedy, Karnes County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(c), by failing to maintain the facility's storage tanks so that they are covered, designed and fabricated in strict accordance with American Water Works Association standards; 30 TAC §290.44(h)(1)(B)(i), by failing to establish an adequate internal cross-connection control program; 30 TAC §290.46(1), by failing to flush all dead-end mains at monthly intervals; 30 TAC §290.46(s)(1), by failing to calibrate well meters at least once every three years; 30 TAC §290.46(u), by failing to plug abandoned Well Number 5 with cement according to 16 TAC Chapter 76 or return it to a non-deteriorated condition; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices that shall ensure the good working condition and general appearance of the system's facilities and equipment; and 30 TAC §290.46(f)(3)(A)(i)(II), by failing to maintain a record of the amount of chemicals used each day; PENALTY: $3,665; SEP offset amount of $2,932 applied to providing first time sewer service for one low income individual that is currently utilizing a septic system; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(11) COMPANY: Leo Kopecky dba Leo's Stop N Shop; DOCKET NUMBER: 2007-1978-PST-E; IDENTIFIER: RN101696110; LOCATION: Schulenburg, Fayette County; TYPE OF FACILITY: convenience store; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, existing USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $7,875; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(12) COMPANY: Red River Redevelopment Authority; DOCKET NUMBER: 2008-0067-IWD-E; IDENTIFIER: RN101274231; LOCATION: Bowie County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), the Code §26.121(a), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0004664000, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with the permitted effluent limitations for five-day biochemical oxygen demand (BOD₅ ), total suspended solids (TSS), and ammonia- nitrogen (NH₃-N) for Outfall 001; 30 TAC §305.125(1) and §319.1 and TPDES Permit Number WQ0004664000, Monitoring and Reporting Requirements Number 1, by failing to submit complete monthly Discharge Monitoring Reports (DMRs); PENALTY: $11,880; SEP offset amount of $5,940 applied to Texas Association of Resource Conservation and Development Areas, Inc.-Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5860; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(13) COMPANY: Shirley Creek Marina, Inc.; DOCKET NUMBER: 2007-1849-MWD-E; IDENTIFIER: RN102080199; LOCATION: Nacogdoches County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), the Code §26.121, and TPDES Permit Number 10947001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, by failing to comply with the permitted effluent limitations for BOD₅, TSS, and minimum chlorine residual; 30 TAC §305.125(17) and TPDES Permit Number 10947001, Sludge Provisions, by failing to submit the annual sludge report; and 30 TAC §305.125(17) and TPDES Permit Number 10947001, Monitoring and Reporting Requirements Number 1, by failing to timely submit the DMRs; PENALTY: $13,338; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(14) COMPANY: Southwest Convenience Stores, LLC dba 7-Eleven 57652; DOCKET NUMBER: 2008-0730-PST-E; IDENTIFIER: RN105204283; LOCATION: Odessa, Ector County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c) and (c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel and by failing to submit initial/renewal UST registration and self-certification forms; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.

(15) COMPANY: THE DOW CHEMICAL COMPANY; DOCKET NUMBER: 2007-1843-IHW-E; IDENTIFIER: RN100225945; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: organic chemical manufacturing; RULE VIOLATED: 30 TAC §335.221(a)(6) and (11), 40 Code of Federal Regulations (CFR) §§266.102(e)(2)(ii)(A), 266.103(c)(1)(v), and 266.104(b)(1), and Hazardous Waste Permit Number 50161, Special Conditions I.3.b.1., by failing to meet the regulatory limit of 100 parts per million for stack gas concentration of carbon monoxide; and 30 TAC §335.221(a)(6) and (13), 40 CFR §266.102(e)(7)(ii) and §266.103(g), and Hazardous Waste Permit Number 50161, Special Conditions I.3.b.2., by failing to maintain a functioning automatic waste feed cutoff system; PENALTY: $51,600; SEP offset amount of $20,640 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5824; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: The Reinforced Earth Company; DOCKET NUMBER: 2008-0373-PWS-E; IDENTIFIER: RN101237972; LOCATION: McLennan County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(3)(O), by failing to provide an intruder-resistant fence or lockable building in order to protect the facility's well; 30 TAC §290.46(f)(2), by failing to provide water system records for commission review at the time of the investigation; 30 TAC §290.44(h)(4), by failing to ensure backflow prevention assemblies which are installed to provide protection against health hazards are tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester; 30 TAC §290.44(d), by failing to maintain a minimum pressure of 35 pounds per square inch at all points within the distribution system; 30 TAC §290.46(m)(4), by failing to maintain all distribution lines, water storage and pressure maintenance facilities, and all related appurtenances in a watertight condition; 30 TAC §290.45(d)(2)(A)(ii), by failing to provide a minimum pressure tank capacity of 220 gallons; and 30 TAC §290.122(a)(2) and §290.46(q), by failing to institute "Special Precautions" in the event of inadequate chlorine residuals; PENALTY: $1,363; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas (254) 751-0335.

(17) COMPANY: Tidwell Super Cleaners, Inc.; DOCKET NUMBER: 2006-1123-DCL-E; IDENTIFIER: RN103987962; LOCATION: Houston, Harris County; TYPE OF FACILITY: dry cleaner drop station; RULE VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for the facility; PENALTY: $889; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: Total Petrochemicals USA, Inc.; DOCKET NUMBER: 2008-0414-AIR-E; IDENTIFIER: RN100212109; LOCATION: La Porte, Harris County; TYPE OF FACILITY: plastics manufacturing plant; RULE VIOLATED: 30 TAC §116.615(2), Standard Permit Number 78963 and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $8,450; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3629; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(19) COMPANY: Veolia ES Technical Solutions, L.L.C.; DOCKET NUMBER: 2007-1936-IWD-E; IDENTIFIER: RN103219002; LOCATION: Jefferson County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0002417000, Effluent Limitations and Monitoring Requirements Number 1, and the Code §26.121(a)(1), by failing to comply with its permitted effluent limits for chemical oxygen demand, total copper, total lead, total zinc, total aluminum, and total mercury; PENALTY: $7,470; SEP offset amount of $3,735 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(20) COMPANY: Yellow Transportation, Inc.; DOCKET NUMBER: 2008-0718-WQ-E; IDENTIFIER: RN104209663; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a Multi-Sector General Permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-200802615

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 20, 2008

Correction of Error

The Texas Commission on Environmental Quality adopted amendments to 30 TAC §114.512 and §114.517 in the February 15, 2008, issue of the Texas Register (33 TexReg 1345). The amendments were adopted without changes to the proposal and were not republished in the issue. However, due to a Texas Register error, the last line of rule text was deleted from §114.517(12) when the rule amendment was incorporated into the Texas Administrative Code and the on-line document database.

Section 114.517(12) should read as follows:

"(12) a motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle's sleeper berth for a government-mandated rest period and is not within two miles of a facility offering external heating and air conditioning connections at a time when those connections are available. This subsection expires September 1, 2009."

TRD-200802639

Enforcement Orders

A default order was entered regarding Feroz Ali Momin dba Snappy Mart, Docket No. 2005-0393-MLM-E on May 13, 2008, assessing $17,780 in administrative penalties.

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

A default order was entered regarding Joseph Yarbrough, Docket No. 2005-0463-AIR-E on May 13, 2008, assessing $1,050 in administrative penalties.

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

An agreed order was entered regarding Jaime Garcia, Docket No. 2006-0077-MSW-E on May 13, 2008, assessing $3,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Alfred Oloko, Staff Attorney, at (713) 422-8918, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Frances Alvarez dba Frans Laundry, Docket No. 2006-1143-DCL-E on May 13, 2008, assessing $1,185 in administrative penalties.

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

A default order was entered regarding Water Association of North Lake, Inc., Docket No. 2006-1750-PWS-E on May 13, 2008, assessing $2,813 in administrative penalties.

An agreed order was entered regarding Huntsman Petrochemical Corporation, Docket No. 2006-1775-MLM-E on May 13, 2008, assessing $98,263 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Daniel Siringi, Enforcement Coordinator, at (409) 899-8799, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding O'Boy Service Company, Inc., Docket No. 2006-1942-SLG-E on May 13, 2008, assessing $8,925 in administrative penalties.

An agreed order was entered regarding Lide Industries, Inc., Docket No. 2006-2045-AIR-E on May 13, 2008, assessing $306,570 in administrative penalties.

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

A default order was entered regarding Dora Mae Mecan dba Nick's Grocery 3, Docket No. 2007-0101-PWS-E on May 13, 2008, assessing $1,050 in administrative penalties.

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

An agreed order was entered regarding Abdul Oliwi dba Fina Gas Station, Docket No. 2007-0291-PST-E on May 13, 2008, assessing $8,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Patrick Jackson, Staff Attorney, at (512) 239-0651, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ConocoPhillips Company, Docket No. 2007-0558-AIR-E on May 13, 2008, assessing $210,128 in administrative penalties with $42,025 deferred.

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

A default order was entered regarding Francisco Terrazas dba San Jose Custom Shutters, Docket No. 2007-0579-AIR-E on May 13, 2008, assessing $2,200 in administrative penalties.

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

A default order was entered regarding Mohammad Arif dba Super Stop 4, Docket No. 2007-0723-PST-E on May 13, 2008, assessing $4,690 in administrative penalties.

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

An agreed order was entered regarding Clint West dba West Contracting, Docket No. 2007-0899-AIR-E on May 13, 2008, assessing $1,050 in administrative penalties with $210 deferred.

An agreed order was entered regarding McMullen County Water Control & Improvement District No. 1 and McMullen County, Docket No. 2007-1046-MWD-E on May 13, 2008 assessing, $20,160 in administrative penalties with $4,032 deferred.

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

An agreed order was entered regarding Mohammed Basheer dba Exxon 45, Docket No. 2007-1087-PST-E on May 13, 2008, assessing $7,850 in administrative penalties with $1,570 deferred.

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

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2007-1230-AIR-E on May 13, 2008, assessing $20,000 in administrative penalties.

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

An agreed order was entered regarding Happy Hill Farm Children's Home, Inc., Docket No. 2007-1247-PWS-E on May 13, 2008, assessing $1,520 in administrative penalties with $304 deferred.

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

An agreed order was entered regarding International Paper Company, Docket No. 2007-1253-AIR-E on May 13, 2008, assessing $14,375 in administrative penalties with $2,875 deferred.

An agreed order was entered regarding Christ Community Church of Houston dba Christ Community Church, Docket No. 2007-1284-PWS-E on May 13, 2008, assessing $210 in administrative penalties with $42 deferred.

An agreed order was entered regarding Rudolphs, Inc. dba The Store, Docket No. 2007-1349-PST-E on May 13, 2008, assessing $5,100 in administrative penalties with $1,020 deferred.

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

An agreed order was entered regarding Peace Partners Car Wash, L.L.C., Docket No. 2007-1357-AIR-E on May 13, 2008, assessing $2,040 in administrative penalties with $408 deferred.

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

An agreed order was entered regarding Fort Bend Regional Landfill, LP, Docket No. 2007-1394-MSW-E on May 13, 2008, assessing $15,500 in administrative penalties with $3,100 deferred.

Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator, at (512) 239-0068, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding San Angelo Feed Yard, Ltd., Docket No. 2007-1414-AGR-E on May 13, 2008, assessing $4,200 in administrative penalties with $840 deferred.

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

An agreed order was entered regarding Builders Marble Company, Docket No. 2007-1433-AIR-E on May 13, 2008, assessing $12,065 in administrative penalties with $2,413 deferred.

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

An agreed order was entered regarding Rohm and Haas Texas Incorporated, Docket No. 2007-1437-AIR-E on May 13, 2008, assessing $85,500 in administrative penalties with $17,100 deferred.

An agreed order was entered regarding Sunoco Pipeline L.P., Docket No. 2007-1448-AIR-E on May 13, 2008, assessing $6,250 in administrative penalties with $1,250 deferred.

Information concerning any aspect of this order may be obtained by contacting Sidney Wheeler, Enforcement Coordinator, at (512) 239-4969, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GB Biosciences Corporation, Docket No. 2007-1449-AIR-E on May 13, 2008, assessing $23,875 in administrative penalties with $4,775 deferred.

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

An agreed order was entered regarding TurboCare, Inc., Docket No. 2007-1458-PWS-E on May 13, 2008, assessing $210 in administrative penalties with $42 deferred.

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

An agreed order was entered regarding Palo Duro Service Company, Inc., Docket No. 2007-1507-PWS-E on May 13, 2008, assessing $962 in administrative penalties with $192 deferred.

Information concerning any aspect of this order may be obtained by contacting Christopher Keffer, Enforcement Coordinator, at (512) 239-5610, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lyondell Chemical Company, Docket No. 2007-1546-AIR-E on May 13, 2008, assessing $10,000 in administrative penalties with $2,000 deferred.

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

An agreed order was entered regarding Lakeshore Utility Company, Docket No. 2007-1579-MWD-E on May 13, 2008, assessing $12,240 in administrative penalties with $2,448 deferred.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator, at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Davis Gas Processing, Inc., Docket No. 2007-1620-AIR-E on May 13, 2008, assessing $5,225 in administrative penalties with $1,045 deferred.

An agreed order was entered regarding AK/HA Manufacturing, LLC, Docket No. 2007-1642-AIR-E on May 13, 2008, assessing $2,675 in administrative penalties with $535 deferred.

An agreed order was entered regarding City of Plano, Docket No. 2007-1644-WQ-E on May 13, 2008, assessing $15,000 in administrative penalties.

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

An agreed order was entered regarding Jim Wells County, Docket No. 2007-1652-PST-E on May 13, 2008, assessing $15,750 in administrative penalties with $3,150 deferred.

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2007-1658-AIR-E on May 13, 2008, assessing $40,950 in administrative penalties with $8,190 deferred.

An agreed order was entered regarding The Goodyear Tire & Rubber Company, Docket No. 2007-1659-AIR-E on May 13, 2008, assessing $6,475 in administrative penalties with $1,295 deferred.

Information concerning any aspect of this order may be obtained by contacting Aaron Houston, Enforcement Coordinator, at (409) 899-8784, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Brazos River Authority and Lower Colorado River Authority, Docket No. 2007-1670-MWD-E on May 13, 2008, assessing $13,500 in administrative penalties with $2,700 deferred.

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

An agreed order was entered regarding Orange County Water Control and Improvement District No. 2, Docket No. 2007-1673-MWD-E on May 13, 2008, assessing $14,200 in administrative penalties with $2,840 deferred.

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

An agreed order was entered regarding Kent Distributors, Incorporated, Docket No. 2007-1680-PWS-E on May 13, 2008, assessing $6,440 in administrative penalties.

An agreed order was entered regarding Prairie View A&M University, Docket No. 2007-1696-MWD-E on May 13, 2008, assessing $10,950 in administrative penalties with $2,190 deferred.

An agreed order was entered regarding Petro Stopping Centers, L.P. dba Petro Stopping Center 4, Docket No. 2007-1706-PST-E on May 13, 2008, assessing $16,050 in administrative penalties with $3,210 deferred.

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

An agreed order was entered regarding McEachern Enterprises, Inc., Docket No. 2007-1716-MLM-E on May 13, 2008, assessing $3,150 in administrative penalties with $630 deferred.

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

An agreed order was entered regarding Monarch Utilities I L.P., Docket No. 2007-1718-MWD-E on May 13, 2008, assessing $4,140 in administrative penalties with $828 deferred.

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

An agreed order was entered regarding Mo Vac Service Company of Alice, Docket No. 2007-1721-PST-E on May 13, 2008, assessing $8,600 in administrative penalties with $1,720 deferred.

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

An agreed order was entered regarding Air Liquide Large Industries U.S. LP, Docket No. 2007-1734-AIR-E on May 13, 2008, assessing $2,068 in administrative penalties with $413 deferred.

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

An agreed order was entered regarding City of Southside Place, Docket No. 2007-1760-MWD-E on May 13, 2008, assessing $3,600 in administrative penalties with $720 deferred.

Information concerning any aspect of this order may be obtained by contacting Lynley Doyen, Enforcement Coordinator, at (512) 239-1364, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SPX Corporation, Docket No. 2007-1768-MWD-E on May 13, 2008, assessing $3,060 in administrative penalties with $612 deferred.

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

An agreed order was entered regarding New Waverly Ventures Ltd. Co., Docket No. 2007-1773-IWD-E on May 13, 2008, assessing $7,515 in administrative penalties with $1,503 deferred.

An agreed order was entered regarding Wolf Hollow I, L.P., Docket No. 2007-1802-IWD-E on May 13, 2008, assessing $17,160 in administrative penalties with $3,432 deferred.

An agreed order was entered regarding City of Hemphill, Docket No. 2007-1806-MWD-E on May 13, 2008, assessing $5,550 in administrative penalties with $1,110 deferred.

An agreed order was entered regarding Best Materials, Inc., Docket No. 2007-1809-WQ-E on May 13, 2008, assessing $835 in administrative penalties with $167 deferred.

An agreed order was entered regarding Sammy Rene Lugo, Docket No. 2007-1819-LII-E on May 13, 2008, assessing $262 in administrative penalties with $52 deferred.

An agreed order was entered regarding Sealy Concrete, Inc., Docket No. 2007-1847-IWD-E on May 13, 2008, assessing $4,750 in administrative penalties with $950 deferred.

An agreed order was entered regarding Town of Van Horn, Docket No. 2007-1856-MWD-E on May 13, 2008, assessing $2,900 in administrative penalties with $580 deferred.

An agreed order was entered regarding Matias G. Quintanilla, Docket No. 2007-1864-WOC-E on May 13, 2008, assessing $250 in administrative penalties with $50 deferred.

An agreed order was entered regarding TOTAL PETROCHEMICALS USA, INC., Docket No. 2007-1879-IWD-E on May 13, 2008, assessing $37,800 in administrative penalties with $7,560 deferred.

An agreed order was entered regarding City of Hooks, Docket No. 2007-1889-MWD-E on May 13, 2008, assessing $6,180 in administrative penalties with $1,236 deferred.

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

An agreed order was entered regarding Leisure Pools USA Trading, Inc., Docket No. 2007-1929-AIR-E on May 13, 2008, assessing $7,500 in administrative penalties with $1,500 deferred.

An agreed order was entered regarding Kerr Materials, L.P., Docket No. 2007-1963-WQ-E on May 13, 2008, assessing $2,000 in administrative penalties with $400 deferred.

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

An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2007-2045-AIR-E on May 13, 2008, assessing $10,000 in administrative penalties.

An agreed order was entered regarding Hilco United Services, Inc., Docket No. 2008-0022-PWS-E on May 13, 2008, assessing $1,387 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator, at (210) 403-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding Dixie Gas Station, Inc. dba Dixie Gas Station, Docket No. 2008-0025-PST-E on May 13, 2008, assessing $3,500 in administrative penalties.

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

A field citation was entered regarding Koyote Ranch-Bandera Unit L.P. dba Koyote Mercantile, Docket No. 2006-0641-PST-E on May 13, 2008, assessing $875 in administrative penalties.

A field citation was entered regarding Edward Longoria, Docket No. 2007-1948-WOC-E on May 13, 2008, assessing $210 in administrative penalties.

A default order was entered regarding Tommy Joe Thomas dba Deer Trail Mobile Home Park, Docket No. 2006-1654-PWS-E on May 12, 2008, assessing $1,494 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anita Keese, Enforcement Coordinator, at (956) 430-6034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200802655

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 21, 2008

Notice of Meeting on July 10, 2008, in Tenaha, Shelby County, Texas Concerning the Shelby Wood Specialty, Inc. Proposed State Superfund Site

The purpose of the meeting is to obtain public input and information concerning the proposal to delete the site from its proposed-for-listing status on the state Superfund registry.

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing a notice of intent to delete the Shelby Wood Specialty, Inc. proposed state Superfund site (the Site) from its proposed-for-listing status on the state registry. The state registry is the list of state Superfund sites that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The commission is proposing this deletion because the site has been accepted into the Voluntary Cleanup Program.

The site, including all land, structures, appurtenances, and other improvements, consists of approximately 27.4 acres and is located at 3295 United States Highway 84 East, in Tenaha, Shelby County, Texas. The site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The records indicate that the site operated as a wood treating facility from approximately the mid-1970s to the mid-1980s. The facility treated wood with copper chromium arsenate (CCA). The facility used four to five acres of the 27.4-acre property. Rails at the facility led to a pressure vessel in which CCA was used to treat wood. The pressure vessel and chemical tanks have been removed from the site and the rails have been covered with concrete. An investigation in 1989 indicated elevated levels of chromium, copper and arsenic. On August 23, 2005, the TCEQ conducted soil sampling from one-to eight-inch depths at the site. The sampling results indicated releases of arsenic, cadmium, chromium, copper, magnesium, manganese, sodium, zinc and other chemicals at the site at levels greater than three times those that occur naturally in the environment. Hazardous substances have also been detected in sediment samples taken from wetlands located 0.8 miles downstream from the site.

The site was originally proposed for listing on April 6, 2007 in the Texas Register (32 TexReg 2038). The site was proposed to the state registry with a commercial/industrial land use designation in accordance with Texas Risk Reduction Program regulations 30 TAC §350.53.

The site has been accepted into the TCEQ Voluntary Cleanup Program and is therefore eligible for deletion from the state registry as provided by 30 TAC §335.344(c).

In accordance with 30 TAC §335.344(b), the commission will hold a public meeting to receive comments on this proposed deletion. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held on July 10, 2008, at 7:00 p.m., at the Tenaha City Hall, located at 122 North Center, Tenaha, Texas.

All persons desiring to make comments regarding the proposed deletion of the site may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m. on July 9, 2008, and should be sent in writing to Sugam Shrestha, Project Manager, TCEQ, Remediation Division, MC 136, P.O. Box 13087, Austin, Texas 78711-3087 or by facsimile to (512) 239-2303. The public comment period for this action will end at the close of the public meeting of July 10, 2008.

A portion of the record for the site, including documents pertinent to the ED's proposed deletion, is available for review during regular business hours at the Fannie Brown Booth Memorial Library, 619 Tenaha Street, Center, Texas, telephone number (936) 598-5522. The complete public file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

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

For further information about the public meeting, please call Crystal Taylor at (800) 633-9363, extension 3844.

TRD-200802623

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 20, 2008

Notice of Water Quality Applications

The following notices were issued during the period of May 15, 2008 through May 22, 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

BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO 21 has applied for a renewal of TPDES Permit No. WQ0014222001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located at 13717A Highway 6, approximately 2 miles southeast of the intersection of State Highway 6 and Farm-to-Market Road 521 in Brazoria County, Texas.

CITY OF CLEVELAND has applied for a renewal of TPDES Permit No. WQ0010766002 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located east of the City of Cleveland, approximately 1.8 miles northeast of the intersection of U.S. Highway 59 and State Highway 321/105 in Liberty County, Texas.

CITY OF JACKSBORO has applied to the TCEQ for a renewal with changes of TPDES Permit No. WQ0010994001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day. The changes consist of routing the effluent through a series of constructed ponds located on the applicant's property. The facility is located approximately 1,500 feet north of U.S. Highway 281 and approximately 4,600 feet west of State Highway 148 in the City of Jacksboro in Jack County, Texas.

CITY OF PASADENA has applied for a renewal of TPDES Permit No. WQ0010053003 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 10,000,000 gallons per day. The facility is located approximately 100 yards south of Spencer Highway and adjacent to the west edge of Denkman Road in Harris County, Texas.

CITY OF PEARLAND has applied for a renewal of TPDES Permit No. WQ0012295001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located at 3711 Soho Drive, approximately 2,200 feet south of Clear Creek, and approximately 8,000 feet northeast of the intersection of State Highway 288 and Hughes Ranch Road in Brazoria County, Texas.

CITY PUBLIC SERVICE OF SAN ANTONIO which operates the V. H. Braunig Steam Electric Station, has applied for a major amendment to TPDES Permit No. WQ0001515000 to authorize an increase in the discharge of once-through cooling water, previously monitored effluents (PME), and storm water runoff from a daily average flow not to exceed 1,220,000,000 gallons per day to a daily average flow not to exceed 1,320,000,000 gallons per day via Outfall 001; discharge of low volume waste and storm water runoff on an intermittent and flow variable basis via Outfall 007, and the increase in the upper pH limits from 9.0 to 10.0 standard units at Outfall 007. The current permit authorizes the discharge of once-through cooling water, previously monitored effluents (PME) (low volume waste, metal cleaning waste, treated domestic wastewater, and storm water runoff at a daily average flow not to exceed 1,220,000,000 gallons per day via Outfall 001; storm water runoff on intermittent and flow variable basis via Outfalls 003, 006, 007, 008, 011, 013, and 015; and storm water runoff and car wash water on an intermittent and flow variable basis via Outfall 012. The facility is located at 15290 Streich Road, approximately two miles east of Interstate Highway 37 South, adjacent to Braunig Lake, approximately 2.75 miles northwest of the City of Elmendorf and 17 miles southeast of the City of San Antonio, Bexar County, Texas.

CITY OF WACO which operate the City of Waco Municipal Separate Storm Sewer System (MS4), have applied for a renewal of NPDES Permit No. TXS002001. The draft permit authorizes storm water point source discharges to surface water in the state from the City of Waco MS4. The permit will be issued as TPDES Permit No. WQ0004774000. The MS4 is located within the corporate boundary of the City of Waco, in McLennan County, Texas.

CITY OF ZAVALLA has applied for a major amendment to TPDES Permit No. WQ0013871001 to authorize the re-classification of an existing constructed wetland as a third stabilization pond. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 130,000 gallons per day. The facility is located approximately 0.5 mile west and 1.0 mile south of the intersection of State Highways 69 and 63, and southwest of the City of Zavalla in Angelina County, Texas

COOK COMPOSITES AND POLYMERS CO which operates a plant manufacturing polyester resins, has applied for a major amendment to TPDES Permit No. WQ0002073000 to increase the effluent limitations for total aluminum at Outfall 001. The current permit authorizes the discharge of noncontact cooling water, boiler blowdown, and storm water at a daily average flow not to exceed 110,000 gallons per day via Outfall 001; and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located 4.0 miles east of the City of Marshall, 1.0 mile northeast of the intersection of State Highway 80 and Farm-to-Market Road 1998, on the north side of Farm-to-Market Road 1998, Harrison County, Texas.

ETHYL CORPORATION which operates a facility that produces and distributes fuel and lube oil additives, has applied for a renewal of TPDES Permit No. WQ0003890000, which authorizes the discharge of storm water on an intermittent and variable basis. The facility is located at 1000 N. South Avenue, approximately two miles north of State Highway 225 at the intersection of N. South Avenue and the Houston Ship Channel (Buffalo Bayou), Harris County, Texas.

FORESTAR USA REAL ESTATE GROUP INC has applied for a new permit, Proposed Permit No. WQ0014824001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 125,000 gallons per day via public access subsurface drip irrigation system with a minimum area of 29 acres. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located at 2303 West Highway 290, Dripping Springs, in Hays County, Texas. The wastewater treatment facility and disposal site will be located in the drainage basin of Onion Creek in Segment No. 1427 of the Colorado River Basin.

HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO 6 has applied for a renewal of TPDES Permit No. WQ0010184001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located at the intersection of DeZavalla Road and Elsbeth Road in the City of Channelview in Harris County, Texas.

LAZY RIVER IMPROVEMENT DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0011820001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 7,500 feet southeast of the intersection of Interstate Highway 45 and Farm-to-Market Road 1488, south of the City of Conroe in Montgomery County, Texas.

MONARCH UTILITIES I L.P. has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0012478001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located 300 feet south of Farm-to-Market Road 565 and two miles east of the intersection of Farm-to-Market Road 565 and Farm-to-Market Road 1405 in Chambers County, Texas.

NI AMERICA TEXAS DEVELOPMENT LLC has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014879001 to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility will be located approximately 1 mile northwest of the intersection of State Highway 6 and Farm-to-Market Road 2154 in Brazos County, Texas.

SEQUA CORPORATION which operates Precoat Metals, has applied for a renewal of TPDES Permit No. WQ0002160000, which authorizes the discharge of previously monitored effluents at a daily average flow not to exceed 45,000 gallons per day via Outfall 001; treated process wastewater, utility wastewater, and storm water at a daily average flow not to exceed 30,000 gallons per day via Outfall 101; treated domestic wastewater at a daily average flow not to exceed 2,000 gallons per day via Outfall 201. The facility is located at 16402 Jacintoport Boulevard in the Jacintoport Industrial Park, approximately three miles south of the Town of Channelview, Harris County, Texas.

ZACHRY CONSTRUCTION CORPORATION SAN ANTONIO, which operates a facility for the maintenance and repair of construction equipment, has applied for a renewal of TPDES Permit No. WQ0004117000, which authorizes the discharge of storm water on an intermittent and variable basis. The facility is located at 5720 Logwood Avenue at West Harding Boulevard in the City of San Antonio, Bexar County, Texas.

If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200802654

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 21, 2008

Texas Ethics Commission

List of Late Filers

Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Douglas at (512) 463-5800 or (800) 325-8506.

Deadline: 30-Day Pre-Election Report due October 10, 2006

Steve Patrick Franklin, 3700 McCann Road #109, Longview, Texas 75605

Deadline: 8-Day Pre-Election Report due October 30, 2006

Steve P. 'Patrick' Franklin, 3700 McCann Road #109, Longview, Texas 75605

Deadline: Semiannual Report due January 15, 2008

Juan J. Maldonado, 105 E. Expressway 83, Suite F, Pharr, Texas 78577-6560

Deadline: 30-Day Pre-Election Report due February 4, 2008

Albert Edwards, 3108 S. MacGregor Way, Houston, Texas 77021-1103

Lyda Ness-Garcia, 609 Myrtle Ave., Suite 102, El Paso, Texas 79901-2568

Deadline: 8-Day Pre-Election Report due February 25, 2008

Fausto Sosa, 101 W. Hillside Rd., Suite 11C, Laredo, Texas 78041

Carla C. Vela, 3819 Briar Haven, San Antonio, Texas 78247-2717

Deadline: Monthly Report due February 5, 2008

Phyllis A. Traylor, Montgomery County Law Enforcement Association, P.O. Box 2545, Conroe, Texas 77305-2545

Edward Kaleta, Humana Inc. Texas PAC, 1776 Eye St. NW, Suite 890, Washington, DC 20006

Deadline: Lobby Activities Report due January 10, 2008

Anita Y. Bradberry, 3737 Executive Center Dr., Ste. 268, Austin, Texas 78731-1633

Randal Kuykendall, 6200 La Calma Dr., Ste. 200, Austin, Texas 78752-3800

Deadline: Personal Financial Statement due February 13, 2006

Steve Patrick Franklin, 3700 McCann Rd #109, Longview, Texas 75605

Deadline: Personal Financial Statement due February 29, 2008

Leslie Escareno, 7 Medical Dr., Brownsville, Texas 78520

Deadline: Personal Financial Statement due March 3, 2008

Curtis Virgil Flowers, 4361 Harvest Lane, Houston, Texas 77004

TRD-200802520

David Reisman

Executive Director

Texas Ethics Commission

Filed: May 14, 2008

Texas Facilities Commission

Request for Proposals #303-8-11691

The Texas Facilities Commission (TFC), on behalf of the Department of Family and Protective Services (DFPS), announces the issuance of Request for Proposals (RFP) #303-8-11691. TFC seeks a ten (10) year lease of approximately 9,175 square feet of office space in Athens, Henderson County, Texas.

The deadline for questions is June 6, 2008 and the deadline for proposals is June 13, 2008 at 3:00 p.m. The award date is July 16, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=76677.

TRD-200802625

Kay Molina

General Counsel

Texas Facilities Commission

Filed: May 20, 2008

Department of Family and Protective Services

Strategic Plan for Child Abuse and Neglect Prevention Services

The Texas Department of Family and Protective Services (DFPS), in consultation with the Interagency Coordinating Council (ICC) for Building Healthy Families, as directed by House Bill (HB) 662, 80th Legislative Session, must develop a strategic plan for child abuse and neglect prevention services. DFPS must submit the plan to the Texas Legislature no later than December 1, 2008. Also by the same date, the ICC must develop a report which will include its recommendations regarding the strategic plan's implementation. Working in collaboration with the ICC, DFPS's Division of Prevention and Early Intervention (PEI) has developed a preliminary draft version of the strategic plan. Before proceeding with drafting a final version, DFPS and the ICC seek the public's input on the existing draft.

The PEI Division, in conjunction with the ICC, will hold a public hearing to solicit public input on Monday, June 16, 2008, in the Public Hearing Room (125) of the John H. Winters Building, 701 West 51st Street, Austin, Texas. The hearing will begin at 1:30 p.m. and end after the last public testimony is presented, but not later than 4:30 p.m. Commenters can view and download a copy of the draft version starting on June 9, 2008, at http://www.dfps.state.tx.us/About/News/2008/2008-05-30_ICC.asp. The PEI Division and ICC request that testimony focus on the effectiveness of the plan in reaching the two goals set out in HB 662: (1) Reduce the need of the state and of its political subdivisions for services addressing child maltreatment; and (2) Transition the state and its political subdivisions to a system that promotes child abuse and neglect prevention services in order to use cost savings to increase prevention service funding in the future.

To ensure an opportunity for all who wish to present, persons attending the public hearing should limit their presentations to ten minutes or less. Time limits may be adjusted at the hearing based on the actual attendance. Those wishing to present testimony should register on-line with DFPS prior to the hearing date by accessing an electronic registration form at http://www.dfps.state.tx.us/About/News/2008/2008-05-30_ICC.asp. Speakers who fail to register prior to the hearing may register in person at the sign-in table the day of the hearing.

In lieu of public testimony, written comments may be submitted via e-mail to ICC@dfps.state.tx.us or mailed to DFPS-PEI, Attention: Pablo Bastida, P.O. Box 149030, Mail Code Y-987, Austin, Texas 78714-9030. Comments must be received no later than June 23, 2008.

Persons with disabilities planning to attend this meeting who need auxiliary aids or services may contact Pablo Bastida at (512) 929-6975, no later than June 11, 2008, so that appropriate arrangements can be made. A computer with a CD drive (requires Windows Office 2000 or less) and Internet connection, as well as a projector, will be available to presenters at the public hearing. Presenters requiring other audio or visual equipment for presentations should contact Pablo Bastida at (512) 929-6975 no later than June 11, 2008.

TRD-200802649

Gerry Williams

General Counsel

Department of Family and Protective Services

Filed: May 21, 2008

Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on June 13, 2007, at 2:30 p.m. to receive public comment on proposed rates for the following programs and services:

Community Based Alternatives and Integrated Care Management - Assisted Living/Residential Care and Personal Assistant Services; Community Care for the Aged and Disabled Residential Care; Community Living Assistance and Support Services - Habilitation; Consolidated Waiver Program - Personal Assistance Services and Habilitation; Day Activity and Health Services; Deaf-Blind with Multiple Disabilities Waiver - Chore and Habilitation Services; Medically Dependent Children Program - Personal Assistant Services; Personal Care Services in Texas Health Steps - Comprehensive Care Program Only (PCS); Primary Home Care; and Associated Consumer Directed Services.

The Texas Department of Aging and Disability Services (DADS) operates all of these programs except PCS; HHSC operates PCS.

The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. HHSC proposes to adjust the rates for the programs and services listed above to account for changes in economic factors such as the new federal minimum wage. The minimum wage will increase $0.70 from the current $5.85 per hour to $6.55 per hour on July 24, 2008. The proposed rates will be effective from August 1, 2008, through August 31, 2009.

Methodology and justification. The proposed rates were determined in accordance with the rate setting methodology codified at 1 TAC Chapter 355, §355.109, relating to Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Cost. The proposed rate increases reflect changes in economic factors such as the new federal minimum wage level.

Briefing Package. A briefing package describing the proposed payment rates will be available on May 30, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

TRD-200802579

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 16, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on June 17, 2008, at 2:00 p.m. to receive public comment on the proposed Medicaid payment rates for 16 Bariatric Surgery procedure codes and one anesthesia procedure code. These changes are associated with Medicaid medical policy changes. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Title 1 of the Texas Administrative Code (TAC), §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The proposed rates for 16 Bariatric Surgery procedure codes and one anesthesia procedure codes are proposed to be effective July 1, 2008.

Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners, including surgery and assistant surgery services; and 1 TAC §355.8121, which addresses the reimbursement methodology for Ambulatory Surgical Centers.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after June 3, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Irene Cantu, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1174; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

TRD-200802616

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 20, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on June 17, 2008, at 2:00 p.m. to receive public comment on the proposed Medicaid payment rates for Obstetrical Sonogram Medical Services procedure codes. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. The hearing will be held in compliance with 1 TAC §355.105(g), which requires public hearings on proposed Medicaid reimbursements.

Proposal. The payment rates for obstetrical sonogram services are proposed to be implemented effective September 1, 2008.

Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners, 1 TAC §355.8081, which addresses the reimbursement methodology for radiology services, and the specific fee guidelines published in Section 2.2.1.1 of the 2008 Texas Medicaid Provider Procedures Manual. Rule §355.8085 requires HHSC to review the fees for individual services at least every two years.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after May 30, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at kimbra.rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

Persons requiring ADA accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174 at least 72 hours prior to the hearing so appropriate arrangements can be made.

TRD-200802617

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 20, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on June 17, 2008, at 2:00 p.m. to receive public comment on the proposed Medicaid payment rates for Breast Reconstruction Medical Services procedure code S2068. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Title 1 of the Texas Administrative Code (TAC), §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The payment rates to be discussed are proposed to be effective July 1, 2008.

TRD-200802618

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 20, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on June 17, 2008, at 2:00 p.m. to receive public comment on the proposed Medicaid payment rates for medical procedure codes 51784 and 51785 for electromyography services and nerve conduction studies. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Title 1 of the Texas Administrative Code (TAC), §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The payment rates to be discussed are proposed to be effective July 1, 2008.

Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8081, which addresses the reimbursement methodology for laboratory services.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after June 5, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

TRD-200802619

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 20, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on June 17, 2008, at 2:00 p.m. to receive public comment on the proposed Medicaid payment rates for medical services procedure codes 70557, 70558, and 70559 related to Computed Tomography and Magnetic Resonance Imaging (CT/MRI) services. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The CT/MRI medical services payment rates to be discussed are proposed to be effective July 1, 2008.

Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners; 1 TAC §355.8081, which addresses the reimbursement methodology for radiology services; and the specific fee guidelines published in Section 2.2.1.1 of the 2008 Texas Medicaid Provider Procedures Manual. 1 TAC §355.8085 requires HHSC to review the fees for individual services at least every two years.

TRD-200802620

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 20, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on June 17, 2008, at 2:00 p.m. to receive public comment on the proposed Medicaid payment rates for 22 new procedure codes resulting from the 2007 Healthcare Common Procedure Coding System (HCPCS) annual update. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Title 1 of the Texas Administrative Code (TAC), §355.201 (e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The 22 procedure codes were added as new benefits under the Texas Medicaid Program. The 22 new procedure codes include ten clinical laboratory, two anesthesia, one genetic, and nine dental services procedure codes associated with the 2007 HCPCS annual update. The proposed payment rates are proposed to be effective retroactively to January 1, 2007.

Methodology and justification. The proposed rates for clinical laboratory services are calculated in accordance with 1 TAC §355.8610; for anesthesia and genetic services, in accordance with 1 TAC §355.8085; and for dental services, in accordance with 1 TAC §355.8441(11) and 1 TAC §355.455(b).

Briefing Package. A briefing package describing the proposed payment rates will be available on or after May 27, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

TRD-200802621

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 20, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on June 17, 2008, at 2:00 p.m. to receive public comment on the proposed Medicaid payment rates for Hospital Beds and Equipment under the Home Health Policy, procedure codes E0188, synthetic sheepskin pad; E0189, lambswool sheepskin pad; and E0280, any type bed cradle. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Title 1 of the Texas Administrative Code (TAC), §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The proposed effective date for the Medicaid fees for procedure codes E0188, a synthetic sheepskin pad; E0189, lambswool sheepskin pad; and E0280, any type bed cradle, is July 1, 2008, along with associated medical policy changes.

Methodology and justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8021(c), which addresses the reimbursement methodology for durable medical equipment as a home health service, and 1 TAC §355.8441(3), relating to the reimbursement methodology for durable medical equipment under the Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Program (known in Texas as THSteps).

Briefing Package. A briefing package describing the proposed payment rates will be available on or after June 2, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

TRD-200802622

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 20, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on June 17, 2008, at 2:00 p.m. to receive public comment on the proposed Medicaid payment rates for Hearing Aids. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Title 1 of the Texas Administrative Code (TAC), §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The proposed rates for hearing aids are a change from manual pricing to fee schedule fees per procedure code, are calculated in accordance with 1 TAC §355.8141, and are proposed to be effective July 1, 2008.

Methodology and justification. The proposed payment rates for hearing aids are calculated in accordance with 1 TAC §355.8141.

TRD-200802624

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 20, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on June 17, 2008, at 2:00 p.m. to receive public comment on the proposed Medicaid payment rates for Osteogenic Stimulation procedure codes E0747, Osteogenesis stimulator, electrical, noninvasive, other than spinal applications; E0748, Osteogenesis stimulator, electrical, noninvasive, spinal applications; E0749, Osteogenesis stimulator, electrical, surgically implanted; E0760, Osteogenesis stimulator, low intensity ultrasound, noninvasive; and 20979*. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Title 1 of the Texas Administrative Code (TAC), §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The proposed effective date for the Medicaid payment rates for Osteogenic Stimulation procedure codes E0747, E0748, E0749, E0760, and 20979 is July 1, 2008.

Methodology and justification. The proposed payment rates for E0747, E0748, E0749, and E0760 were calculated in accordance with 1 TAC §355.8021(c), which addresses the reimbursement methodology for durable medical equipment as a home health service, and 1 TAC §355.8441(3), relating to the reimbursement methodology for durable medical equipment under the Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Program (known in Texas as THSteps).

The proposed payment rate for procedure code 20979 was determined in accordance with the reimbursement methodology outlined in 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners.

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

*Required Notice: The five character codes included in this notice are obtained from the Current Procedural Terminology (CPT®), copyright 2006 by the American Medical Association (AMA). CPT is developed by the AMA as a listing of descriptive terms and five character identifying codes and modifiers for reporting medical services and procedures performed by physicians. The responsibility for the content of this notice is with HHSC and no endorsement by the AMA is intended or should be implied. The AMA disclaims responsibility for any consequences or liability attributable or related to any use, nonuse or interpretation of information contained in this notice. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. Any use of CPT outside of this notice should refer to the most recent Current Procedural Terminology, which contains the complete and most current listing of CPT codes and descriptive terms. Applicable FARS/DFARS apply. CPT is a registered trademark of the American Medical Association.

TRD-200802626

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 20, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on June 17, 2008, at 2:00 p.m. to receive public comment on the proposed Medicaid payment rates for Private Duty Nursing (PDN) Specialized Nursing Services for Medicaid clients under the age of 21 with ventilators or tracheostomies. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Title 1 of the Texas Administrative Code (TAC), §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The proposed new rates for the PDN Specialized Nursing Services delivered by home health agency registered nurses (RNs), home health agency licensed practical nurses/licensed vocational nurses (LPNs/LVNs), independently-enrolled RNs, and independently-enrolled LPNs/LVNs are proposed to be added to pay higher rates for specialized nursing services delivered to Medicaid clients under the age of 21 with ventilators or tracheostomies, are calculated in accordance with 1 TAC §355.8441(4), and are proposed to be effective July 1, 2008.

Methodology and justification. The proposed payment rates for PDN Specialized Nursing Services are calculated in accordance with 1 TAC §355.8441(4).

TRD-200802627

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 20, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on June 13, 2007, at 1:30 p.m. to receive public comment on proposed rates for the Nursing Facility Program operated by the Texas Department of Aging and Disability Services (DADS).

The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. HHSC proposes to increase rates for nursing facility services for all providers under the Nursing Facility program. The proposed rates were determined in accordance with the rate setting methodologies listed below under "Methodology and justification." The proposed payment rates for the Nursing Facility program, which will be effective September 1, 2008, are as follows.

Base Rates by RUG (Resource Utilization Group) class:

Figure 1

Facilities participating in the Enhanced Direct Care Staff Rate will receive one of the following payment rates per day in addition to the above payment rates based upon their level of enrollment in the Enhanced Direct Care Staff Rate:

Figure 2

Facilities that verify liability insurance coverage acceptable to HHSC will receive one of the following payment rates per day in addition to the above payment rates based upon the type of liability insurance coverage they maintain:

Figure 3

Methodology and justification. The proposed rates were determined in accordance with the rate setting methodologies codified at 1 TAC Chapter 355, Subchapter C, §355.307 (relating to Reimbursement Setting Methodology) and §355.308 (relating to Direct Care Staff Rate Component) as proposed to be amended; and §355.312 (relating to Reimbursement Setting Methodology - Liability Insurance Costs). The proposed rule amendments, which are published in the May 23, 2008, issue of the Texas Register (33 TexReg 4062), require that rates for nursing facilities be determined using the Resource Utilization Groups (RUG) case mix classification system. These rates were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101 (relating to Introduction) and §355.109 (relating to Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs). These changes are being made in accordance with the 2008-09 General Appropriations Act (Article IX, Additional Contingency and Other Provisions, §19.82, H.B. 1, 80th Legislature, Regular Session, 2007), which appropriated $72.0 million in general revenue funds for State Fiscal Year 2009 for provider rate increases for the DADS Nursing Facility Program.

TRD-200802653

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 21, 2008

Public Notice

The Texas Health and Human Services Commission (HHSC) announces its intent to submit Transmittal Number TX 08-012, Amendment Number 816, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective June 1, 2008.

This amendment updates the fiscal years in which HHSC intends to make Upper Payment Limit (UPL) payments to eligible children's hospitals. The current state plan language provides that HHSC will use $12.5 million in general revenue each year to fund UPL payments for state fiscal years 2006 and 2007. The proposed language will allow HHSC to use $12.5 million in general revenue to fund UPL payments to eligible children's hospitals in each fiscal year. The proposed state plan language removes the limit on the fiscal years in which UPL payments may be made to eligible children's hospitals.

The proposed amendment will continue annual aggregate expenditures for the children's hospital UPL program for future federal fiscal years at the amounts paid in FFY 2007.

To obtain copies of the proposed amendment or to submit written comments, interested parties may contact Kellie Shanahan by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1862; by facsimile at (512) 491-1998; or by e-mail at kellie.shanahan@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200802656

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 21, 2008

Texas Department of Insurance

Company Licensing

Application to change the name of MIDWESTERN INSURANCE COMPANY to DRIVER'S INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Oklahoma City, Oklahoma.

Application to change the name of MILWAUKEE SAFEGUARD INSURANCE COMPANY to UNITRIN SAFEGUARD INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Brookfield, Wisconsin.

Application to change the name of AXA CORPORATE SOLUTIONS REINSURANCE COMPANY to COLISEUM REINSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Wilmington, Delaware.

Any objections must be filed with the Texas Department of Insurance, within 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-200802651

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: May 21, 2008

Texas Lottery Commission

Instant Game Number 1069 "Big Money Bingo"

A. The name of Instant Game No. 1069 is "BIG MONEY BINGO". The play style is "bingo".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1069 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1069.

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: B01, B02, B03, B04, B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, FREE SYMBOL, 1X SYMBOL, 2X SYMBOL, 3X SYMBOL and 5X SYMBOL.

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

FIGURE 1: GAME NO. 1069 - 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 $25.00, $30.00, $40.00, $50.00, $75.00, $100, $200, or $500.

H. High-Tier Prize - A prize of $1,000, $2,000, $5,000, $20,000, 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 (1069), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1069-0000001-001.

K. Pack - A pack of "BIG MONEY BINGO" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the pack; the back of ticket 075 will be revealed on the back of the pack. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a pack. Every other book will reverse i.e., reverse order will be : the back of ticket 001 will be shown on the front of the pack and the front of ticket 075 will be shown on the back of the pack.

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 "BIG MONEY BINGO" Instant Game No. 1069 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 "BIG MONEY BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose 181 (one hundred eighty-one) play symbols. The player must scratch off the "CALLER'S CARD" area to reveal 24 (twenty-four) Bingo Numbers and six (6) Bonus Numbers. The player must scratch all the Bingo Numbers on cards 1 through 6 that match the Bingo Numbers and Bonus Numbers on the "CALLER'S CARD". Each "CARD" has a corresponding prize box. Players win by matching those same numbers on the six Player's Cards. If the player finds a diagonal, vertical or horizontal straight line, the four corners of the grid, or an X pattern, they win a prize according to the corresponding prize box. Examples of play: If a player matches all bingo numbers plus the Free Space in a complete horizontal, vertical or diagonal line pattern in any one card, the player wins prize according to corresponding prize box. If the player matches all bingo numbers in all four (4) corners pattern in any one card, the player wins prize according to the corresponding prize box. If the player matches all bingo numbers plus Free Space to make a complete "X" pattern in any one card, the player wins prize according to the corresponding prize box. The player can only win one prize per "CARD". In the PRIZE MULTIPLIER PLAY AREA, the player must scratch the "PRIZE MULTIPLIER" BOX. If a player reveals a "2X", "3X" or "5X" play symbol, any prize won on cards 1 through 6 is multiplied by that amount. 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 181 (one hundred eighty-one) 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 181 (one hundred eighty-one) 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 181 (one hundred eighty-one) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 181 (one hundred eighty-one) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. There will never be more than one win on a single PLAYER'S CARD.

C. The CALLING AREA is defined as the combined areas of the CALLER'S CARD and the BONUS NUMBERS.

D. To maximize play value, the CALLER'S CARD play symbols will be mixed, and there will be many "near wins" on the PLAYER'S CARDS.

E. A "near win" is a winner less one number except for the "X" where there are two numbers less, one in each diagonal line (one of which must be a corner).

F. No two identical PLAYER'S CARDS on a ticket.

G. There will be a large number of basic patterns used for both CALLER'S CARD and PLAYER'S CARDS such that the exposed PLAYER'S CARDS will provide no predictive information as to the prize level or prize type.

H. No duplicate play symbols on a PLAYER'S CARD.

I. On the PLAYER'S CARDS, the numbers will appear to be mixed randomly, but under each vertical line will appear only the numbers valid for that line. Example: 1 to 15 for line B, 16 to 30 for line I, 31 to 45 + FREE for line N, 46 to 60 for line G and 61 to 75 for line O.

J. In the center of each PLAYER'S CARD, there will be a FREE space.

K. No two adjacent tickets will have identical PLAYER'S CARDS.

L. No duplicate play symbols in The CALLING AREA.

2.3 Procedure for Claiming Prizes.

A. To claim a "BIG MONEY BINGO" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $30.00, $40.00, $50.00, $75.00, $100, $200, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, required to pay a $25.00, $30.00, $40.00, $50.00, $75.00, $100, $200, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "BIG MONEY BINGO" Instant Game prize of $1,000, $2,000, $5,000, $20,000, 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 "BIG MONEY BINGO" 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 of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

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

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 "BIG MONEY BINGO" 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 "BIG MONEY BINGO" 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 15,000,000 tickets in the Instant Game No. 1069. The approximate number and value of prizes in the game are as follows:

FIGURE 2: GAME NO. 1069 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1069 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. 1069, 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-200802517

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 14, 2008

Instant Game Number 1070 "State Fair of Texas®"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1070 is "STATE FAIR OF TEXAS®". The play style is "key symbol match with win all".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1070 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1070.

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: PEPPER SYMBOL, BRANDING IRON SYMBOL, BOOT SYMBOL, SADDLE SYMBOL, HAT SYMBOL, SPUR SYMBOL, HORSE SYMBOL, STAR SYMBOL, HORSESHOE SYMBOL, GOLD BAR SYMBOL, SUN SYMBOL, MUSIC SYMBOL, BALLOON SYMBOL, GLOVE SYMBOL, APPLE SYMBOL, PAIL SYMBOL, COOLER SYMBOL, SHADES SYMBOL, PRETZEL SYMBOL, HAMBURGER SYMBOL, FRIES SYMBOL, HOT DOG SYMBOL, SODA SYMBOL, ICE CREAM SYMBOL, CAR SYMBOL, WAGON SYMBOL, TEXAS SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $1,000, and $50,000.

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. 1070 - 1.2D

F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00, or $20.00.

G. Mid-Tier Prize - A prize of $25.00, $50.00, or $100.

H. High-Tier Prize - A prize of $1,000 or $50,000.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1070), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1070-0000001-001.

K. Pack - A pack of "STATE FAIR OF TEXAS®" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "STATE FAIR OF TEXAS®" Instant Game No. 1070 ticket.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

2.2 Programmed Game Parameters.

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

B. No four or more matching non-winning prize symbols on a ticket.

C. The "TEXAS" (win all) play symbol will only appear as dictated by the prize structure.

D. No duplicate WINNING SYMBOLS play symbols on a ticket.

E. No duplicate non-winning YOUR SYMBOLS play symbols on a ticket.

F. The $50,000 prize symbol will appear at least once on all tickets unless otherwise restricted by the prize structure.

G. Non-winning prize symbols will never be the same as the winning prize symbol(s).

2.3 Procedure for Claiming Prizes.

A. To claim a "STATE FAIR OF TEXAS®" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $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 $25.00, $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 "STATE FAIR OF TEXAS®" Instant Game prize of $1,000 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 "STATE FAIR OF TEXAS®" 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 of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

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

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

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 "STATE FAIR OF TEXAS®" 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 "STATE FAIR OF TEXAS®" 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.

2.8 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.

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. 1070. The approximate number and value of prizes in the game are as follows:

FIGURE 2: GAME NO. 1070 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1070 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. 1070, 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-200802518

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 14, 2008

Instant Game Number 1094 "$130,000,000 Platinum Payout"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1094 is "$130,000,000 PLATINUM PAYOUT". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1094 shall be $50.00 per ticket.

1.2 Definitions in Instant Game No. 1094.

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.

FIGURE 1: GAME NO. 1094 - 1.2D

F. Mid-Tier Prize - A prize of $50.00, $70.00, $100, $200, $300, or $500.

G. High-Tier Prize - A prize of $1,000, $2,000, $20,000, $50,000, $1,000,000, or $5,000,000.

H. 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.

I. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1094), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 020 within each pack. The format will be: 1094-0000001-001.

J. Pack - A pack of "$130,000,000 PLATINUM PAYOUT" Instant Game tickets contains 020 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 020 will both be exposed.

K. 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.

L. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$130,000,000 PLATINUM PAYOUT" Instant Game No. 1094 ticket.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 65 (sixty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 65 (sixty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

16. Each of the 65 (sixty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 65 (sixty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

C. No duplicate WINNING NUMBERS play symbols on a ticket.

D. No five or more matching non-winning prize symbols on a ticket.

E. The $1,000,000 and $5,000,000 prize symbols will each appear on every ticket unless otherwise restricted.

F. Non-winning prize symbols will not match winning prize symbols on a ticket.

G. The "2X" (doubler), "10X" (win x 10), and the "DOLLAR BILL" (win all) play symbols will only appear on winning tickets as dictated by the prize structure.

H. When the "DOLLAR BILL" (win all) play symbol appears, there will be no occurrence of any YOUR NUMBERS play symbols matching any WINNING NUMBERS play symbols.

2.3 Procedure for Claiming Prizes.

A. To claim a "$130,000,000 PLATINUM PAYOUT" Instant Game prize of $50.00, $70.00, $100, $200, $300, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00, $70.00, $100, $200, $300, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$130,000,000 PLATINUM PAYOUT" Instant Game prize of $1,000, $2,000, $20,000, $50,000, or $1,000,000, 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. To claim a "$130,000,000 PLATINUM PAYOUT" top level prize of $5,000,000, the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. 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.

D. As an alternative method of claiming a "$130,000,000 PLATINUM PAYOUT" 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.

E. 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 of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

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

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.

F. 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

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 "$130,000,000 PLATINUM PAYOUT" 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 "$130,000,000 PLATINUM PAYOUT" 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.

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 3,600,000 tickets in the Instant Game No. 1094. The approximate number and value of prizes in the game are as follows:

FIGURE 2: GAME NO. 1094 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1094 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. 1094, 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-200802519

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 14, 2008

Public Utility Commission of Texas

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On May 2, 2008, Austin Bestline filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60033. Applicant intends to reflect a change in corporate restructuring and ownership, and a name change.

The Application: Application of Austin Bestline for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 35635.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 4, 2008. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35635.

TRD-200802580

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2008

Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 12, 2008, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Always Electric, LLC for Retail Electric Provider Certification, Docket Number 35663 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire State of Texas.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 6, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35663.

TRD-200802533

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2008

Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 13, 2008, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of GIM Retail Energy, LLC for Retail Electric Provider Certification, Docket Number 35664 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes an area defined by customers; specifically, Equistar Chemicals, LP, the single retail customer.

TRD-200802534

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2008

Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 14, 2008, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Bounce Energy, Inc. for Retail Electric Provider (REP) Certification, Docket Number 35670 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire State of Texas.

TRD-200802635

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 20, 2008

Notice of Application for a Certificate to Provide Retail Electric Service

Docket Title and Number: Application of Lehman Power Services LLC for Retail Electric Provider (REP) Certification, Docket Number 35671 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire State of Texas.

TRD-200802634

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 20, 2008

Notice of Application for a Certificate to Provide Retail Electric Service

Docket Title and Number: Application of Credit Suisse Energy LLC for Retail Electric Provider (REP) Certification, Docket Number 35676 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire State of Texas.

TRD-200802633

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 20, 2008

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

The Public Utility Commission of Texas received an application on May 15, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of GTE Southwest Incorporated d/b/a Verizon Southwest to Amend a State-Issued Certificate of Franchise Authority, Project Number 35679 before the Public Utility Commission of Texas.

The requested CFA service area includes the addition of the cities of Allen, Carrollton, Colleyville, Farmers Branch, Frisco, Grapevine, Keller, Plano, and Watauga, and the towns of Bartonville, Double Oak, and Flower Mound.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35679.

TRD-200802636

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 20, 2008

Supreme Court of Texas

Order Adopting Amendments to State Bar Rules

Misc. Docket No. 08-9048

ORDERED that:

1. The following amendments to Articles I and III of the State Bar Rules, which were approved by the State Bar Board of Directors in substantially similar form on January 25, 2008, are hereby adopted by the Court.

2. These changes, with any modifications made after public comments are received, take effect September 1, 2008. Comments may be submitted to the Court in writing on or before July 31, 2008 and should be directed to: Rules Attorney, P.O. Box 12248, Austin TX 78711, or may be emailed to rules@courts.state.tx.us.

3. The Clerk is directed to:

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

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

c. send a copy of this Order to each elected member of the Legislature; and

d. cause a copy of this Order to be posted on the website of the Supreme Court of Texas at http://www.supreme.courts.state.tx.us.

In Chambers, this 14th day of May, 2008.

___________________________________________

Wallace B. Jefferson, Chief Justice

___________________________________________

Nathan L. Hecht, Justice

___________________________________________

Harriet O'Neill, Justice

___________________________________________

J. Dale Wainwright, Justice

___________________________________________

Scott Brister, Justice

___________________________________________

David M. Medina, Justice

___________________________________________

Paul W. Green, Justice

___________________________________________

Phil Johnson, Justice

___________________________________________

Don R. Willett, Justice

Article I -- Definitions

7. "Registered Address" is the address of a member as shown on the membership rolls maintained by the State Bar on behalf of the clerk of the Supreme Court. A member's registered address will be used for receiving official notices from the State Bar including membership compliance information, member benefits, and disciplinary matters.

Article III -- Membership

Section 2. Enrollment in the State Bar

A. Each person who ~~becomes~~ is licensed to practice law in Texas shall, in accordance with the applicable Supreme Court rules governing admission to the bar, ~~no earlier than ten (10) days prior to~~ and no later than ten (10) days following the date of admission, (i) file with the clerk an enrollment form stating his or her name, ~~permanent place of residence, principal place of practice~~ preferred physical address or post office box, telephone number, facsimile number and e-mail address, and such other information as may be required by the clerk and (ii) pay all fees and assessments then required. ~~, and t~~This filing and payment shall constitute enrollment in the State Bar. The preferred physical address or post office box shall constitute the member's registered address and will be used for receiving official notices from the State Bar, including membership compliance information, member benefits, and disciplinary matters. Residential addresses and phone numbers shall be considered confidential and will not be disclosed to the public unless authorized by the member. If a member designates their residential address as the registered address and does not authorize disclosure to the public, the member must provide an additional alternate address that may be disclosed to members of the public. A member is mandated to notify the State Bar of any change in the information required above within thirty (30) days of such change.

TRD-200802652

Jody Hughes

Rules Attorney

Supreme Court of Texas

Filed: May 21, 2008

Order Adopting Amendments to Texas Rules of Disciplinary Procedure

Misc. Docket No. 08-9047

ORDERED that:

1. The following amendments to the Texas Rules of Disciplinary Procedure, which were approved by the State Bar Board of Directors in substantially similar form on April 25, 2008, are hereby adopted by the Court.

3. The Clerk is directed to:

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

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

c. send a copy of this Order to each elected member of the Legislature; and

d. cause a copy of this Order to be posted on the website of the Supreme Court of Texas at http://www.supreme.courts.state.tx.us.

In Chambers, this 14th day of May, 2008.

___________________________________________

Wallace B. Jefferson, Chief Justice

___________________________________________

Nathan L. Hecht, Justice

___________________________________________

Harriet O'Neill, Justice

___________________________________________

J. Dale Wainwright, Justice

___________________________________________

Scott Brister, Justice

___________________________________________

David M. Medina, Justice

___________________________________________

Paul W. Green, Justice

___________________________________________

Phil Johnson, Justice

___________________________________________

Don R. Willett, Justice

Texas Rules of Disciplinary Procedure

1.06 Definitions

A. "Address" means the registered address provided by the attorney the subject of the Grievance as shown on the membership rolls maintained by the State Bar on behalf of the Clerk of the Supreme Court at the time of receipt of the Grievance by the Chief Disciplinary Counsel.

TRD-200802586

Jody Hughes

Rules Attorney

Supreme Court of Texas

Filed: May 19, 2008

The Texas A&M University System

Notice of Entering into a Major Consulting Services Contract

In accordance with the provisions of Texas Government Code, Chapter 2254, The Texas A&M University System has entered into a contract for consulting services more particularly described in the Request for Qualifications for an Assessment Consultant (RFQ01 OTC-8-005), published in the March 21, 2008, issue of the Texas Register (33 TexReg 2618). The consultant will perform marketing assessments for nanotechnology for the Office of Technology Commercialization at the A&M System.

The Name and Address of Consultant is as follows: Clive P. Bosnyak of Planned Innovation Institute, Inc., 12001 Settlers Trail, Dripping Springs, TX 78620.

The A&M System will pay an amount not to exceed $50,000.00. The contract will begin on May 5, 2008 and shall terminate ninety days thereafter.

If any, the consultant will submit documents, films, recordings, or reports compiled by the consultant under the contract to TAMUS, no later than one year after completion of services.

Any questions regarding this posting should be directed to: Don Barwick, HUB & Procurement Manager, Office of HUB & Procurement Programs, The Texas A&M University System, 200 Technology Way, Ste. 1273, College Station, TX 77845, Voice: (979) 458-6410, E-mail: dbarwick@tamu.edu.

TRD-200802516

Don Barwick

HUB and Procurement Manager

The Texas A&M University System

Filed: May 14, 2008

Texas Department of Transportation

Aviation Division - Request for Proposal for Aviation Architectural/Engineering Services

The City of Terrell, 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 architectural/engineering design services described below:

Airport Sponsor: City of Terrell. TxDOT CSJ No. 08TBTEREL. Scope: Provide architectural/engineering design services to design and construct new terminal building, auto parking, and entrance road at the Terrell Municipal Airport.

The HUB goal is race neutral. TxDOT Project Manager is John Greer, P.E.

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 "Terrell Municipal Airport."

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Architectural/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 20, 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 architectural/engineering proposals can be found at http://www.txdot.gov/services/aviation/consultant.htm. All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

If there are any procedural questions, please contact Edie Stimach, Grant Manager at 1-800-68-PILOT at extension 4518. For technical questions, please contact John Greer, at 1-800-68-PILOT at extension 4528.

TRD-200802637

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: May 20, 2008

Public Notice of Final Environmental Impact Statement (Grand Parkway Segment F-1, Harris County, Texas)

Pursuant to Title 43, Texas Administrative Code, §2.5(e)(8)(B), the Texas Department of Transportation is advising the public of the availability of the Final Environmental Impact Statement (FEIS) for the proposed construction of State Highway 99, US 290 to SH 249 (the Grand Parkway Segment F-1) northwest of Houston in Harris County, Texas. Comments regarding the FEIS should be submitted to The Grand Parkway Association, Attention: Segment F-1 Comments, located at 4544 Post Oak Place, Suite 222, Houston, Texas 77027 or the Director of Project Development at the Texas Department of Transportation's Houston District Office located at 7600 Washington Avenue, Houston, Texas prior to 5:00 p.m. on June 30, 2008. The Texas Department of Transportation's mailing address is P.O. Box 1386, Houston, Texas 77251-1386.

The purpose of the proposed action is to provide improved access to the existing and future thoroughfare system, reduce area traffic congestion, improve safety, and improve area-wide mobility. A full range of alternatives were identified and evaluated for Segment F-1 at the corridor level (five corridors), transportation mode level (No Build, Transportation System Management Alternatives (TSM), Travel Demand Alternatives (TDM), and Modal Alternatives), and at the alignment level. The proposed action consists of the construction of a controlled access tollway from US 290 to SH 249 in Harris County, a distance ranging from 12.03 to 12.73 miles, depending on the alternative alignment considered. The proposed facility will consist of a four-mainlane controlled access tollway within a 400-foot (ROW) width. A total of three build alternative alignments, in addition to the No-Build alternative, have been presented in the FEIS. All three alternative alignments lie between US 290 and SH 249 in a west-east direction. Alternative Alignment A begins at US 290 and traverses mainly through the center of the study area. This alignment alternative terminates at SH 249, approximately 1.6 miles east of Willow Creek and is 12.7 miles in length. Alternative Alignment B starts at the same location as Alternative Alignment A but traverses mainly through the southern portion of the study area. Alternative Alignment B terminates at the same location of Alternative Alignment A, but is 12.1 miles in length. Alternative Alignment C starts at the western portion of the study area and traverses east mainly through the north-western portion of the study area. Alternative Alignment C terminates at the same location as Alternative Alignments A and B and is 12.7 miles in length.

The preferred corridor and transportation mode and the recommended alternative alignment as presented in the DEIS, were selected after careful consideration and assessment of the potential environmental impacts and evaluation of agency and public comments. After consideration of all agency and public comments received on the DEIS as well as updated environmental data, the Grand Parkway Association, in coordination with TxDOT and FHWA, selected a Preferred Alternative Alignment. It was determined after careful review of the DEIS comments that the Recommended Alternative Alignment as presented in the DEIS be carried forward as the Preferred Alternative Alignment. The preferred build alternative that has emerged from the study was proposed on the basis of its ability to best facilitate the project's Need and Purpose while minimizing impacts to the natural, physical, and social environments. The Preferred Build Alternative Alignment begins and terminates at the same location as Alternatives A and B, and is 12.03 miles in length. The preferred alternative alignment for Segment F-1 would require the acquisition of new ROW (616 acres), the adjustment of utility lines, and the filling of aquatic resources including jurisdictional wetlands (28.68 acres). The Preferred Alignment as presented in the FEIS would displace three residential properties. No business displacements would occur, and no archeological sites, historic properties, or endangered species are expected to be affected.

Copies of the FEIS and other information about the project may be obtained at the Texas Department of Transportation's Houston District Office at the previously mentioned address. For further information, please contact David Gornet at (713) 965-0871 or Pat Henry, P.E. at (713) 802-5241. Copies of the FEIS may also be reviewed at the offices of the Grand Parkway Association, located at 4544 Post Oak Place, Suite 222, Houston, Texas; at the Grand Parkway Association website, www.grandpky.com ; at the Houston Public Library, Central Branch, 500 McKinney, Houston, Texas; at the Harris County Public Library, Tomball Branch, 30555 Tomball Parkway, Tomball, Texas; and at the Harris County Public Library, Northwest Branch, 11355 Regency Green Drive, Cypress, Texas.

TRD-200802648

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: May 21, 2008