In Addition

In Addition

Comptroller of Public Accounts

Certification of the Average Taxable Price of Gas and Oil

The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined that the average taxable price of crude oil for reporting period March 2009, as required by Tax Code, §202.058, is $34.19 per barrel for the three-month period beginning on December 1, 2008, and ending February 28, 2009. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of March 2009, from a qualified Low-Producing Oil Lease, is not eligible for exemption from the crude oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined that the average taxable price of gas for reporting period March 2009, as required by Tax Code, §201.059, is $4.14 per mcf for the three-month period beginning on December 1, 2008, and ending February 28, 2009. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of March 2009, from a qualified Low-Producing Well, is not eligible for exemption from the natural gas production tax imposed by Tax Code, Chapter 201.

Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

TRD-200901426

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: April 14, 2009

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 #192f) for the purpose of obtaining Inflation-Protected Securities 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 Inflation-Protected Securities 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, 2009, 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 Street, Room 201, 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, April 24, 2009, 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, April 24, 2009.

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, May 1, 2009. Prospective proposers are encouraged to fax Non-Mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. Non-Mandatory Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or about Friday, May 8, 2009, the Comptroller expects to post responses to questions on the ESBD. Late Non-Mandatory Letters of Intent and Questions will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel, Contracts, no later than 2:00 p.m. CZT, on Friday, May 22, 2009. 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 - April 24, 2009, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - May 1, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - May 8, 2009; Proposals Due - May 22, 2009, 2:00 p.m. CZT; Contract Execution - September 1, 2009, or as soon thereafter as practical; Commencement of Services - September 1, 2009.

TRD-200901435

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: April 15, 2009

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/20/09 - 04/26/09 is 18% for Consumer¹ /Agricultural/Commercial²/credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/20/09 - 04/26/09 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

TRD-200901427

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 14, 2009

Credit Union Department

Application to Expand Field of Membership

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

An application was received from Associated Credit Union of Texas, Deer Park, Texas to expand its field of membership. The proposal would permit persons who work or reside within a 10-mile radius of the following ACUTX branch location: 1550 Grand Parkway, Katy, TX 77493, 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-200901433

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 15, 2009

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

Associated Credit Union of Texas, Deer Park, Texas - See Texas Register issue, dated January 30, 2009.

First Service Credit Union, Houston, Texas - See Texas Register issue dated February 27, 2009.

Articles of Incorporation - 50 Years to perpetuity - Approved

Highway Employees Credit Union, Tyler, Texas

TRD-200901434

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 15, 2009

Texas Education Agency

Request for Applications Concerning Target Tech in Texas (T3) Collaborative Grant

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-09-118 from eligible collaborative partnerships. To be considered eligible, at least one member of the collaborative must be a high-need local education agency (LEA) that meets both of the following criteria: (1) at least 2,500 or 22 percent of the children served by the LEA must come from families with incomes below the poverty line as identified by the 2007 U.S. Census data; and (2) the LEA must serve one or more campuses that (a) were identified for improvement or corrective action under the No Child Left Behind Act of 2001 (NCLB), Title I, Section 1116; or (b) reflect a substantial need for assistance in acquiring and using technology based on the Texas Campus STaR Chart.

Each high-need LEA may be included in only one application for Target Tech in Texas (T3) Collaborative Grant funding.

In addition to at least one high-need LEA, an eligible collaborative must include at least one of the following entities: (1) an LEA that can demonstrate that its teachers are effectively integrating technology and proven teaching practices into instruction and that the integration of technology has improved classroom instruction in the core academic subjects and made students better prepared to meet challenging state academic content and student academic achievement standards; (2) other educational entities such as ESCs, libraries, and other LEAs with the resources and ability to provide technology-focused programs to the local target population; (3) an institution of higher education (IHE) that is in full compliance with the reporting requirements of the Higher Education Act of 1965, Section 207(f), and that has not been identified as low-performing under Section 208 of that act; (4) a for-profit business or organization that develops, designs, manufactures, or produces technology products or services, or that has substantial expertise in the application of technology in instruction; or (5) a public or private nonprofit organization with demonstrated experience in the application of educational technology to instruction.

Only an LEA or ESC may apply for T3 Collaborative Grant funding as fiscal agent of the collaborative partnership. For-profit entities, nonprofit entities, and IHEs are not eligible to apply as fiscal agents and may only apply as members of a collaborative partnership.

Description. The purpose of the T3 Collaborative Grant is to provide the necessary funding to move Texas LEAs toward 21st century classrooms in the state of Texas. The program is designed to support high-need LEAs by fostering their collaboration with ESCs, local businesses, other local government or law enforcement agencies, nonprofit organizations, faith-based organizations, and IHEs to deliver proven, research-based methods of delivering technology-based educational services.

To achieve this, Texas schools must assess their technology needs, implement programs, and address goals that work toward reaching the Target Tech level on the Texas Campus and Teacher STaR Charts. Providing more up-to-date and innovative technology to students and educators will enable schools to focus on improving teaching and learning and narrowing educational technology gaps in Texas.

The purpose of this grant is to meet the following goals defined in NCLB, Title II, Part D: (1) to improve student academic achievement though the use of technology in elementary and secondary schools; (2) to assist every student in crossing the digital divide by ensuring that every student is technology literate by the time the student finishes the eighth grade regardless of the students race, ethnicity, gender, family income, geographic location, or disability; and (3) to encourage the effective integration of technology resources and systems with teacher training and curriculum development to establish research-based instructional methods that can be widely implemented as best practices by state and local education agencies.

Dates of Project. The T3 Collaborative Grant will be implemented during the 2009-2010 and 2010-2011 school years. Applicants should plan for a starting date of no earlier than October 1, 2009, and an ending date of no later than September 30, 2011.

Project Amount. The number of projects funded will be determined by the number of applications received and the amount each applicant selected for funding is eligible to receive. Each project will receive a maximum of $1 million for the 2009-2011 project period. This project is funded 100 percent by federal American Recovery and Reinvestment Act of 2009 funds. Funds must be tracked and reported separately from regular NCLB, Title II, Part D, funds.

Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.

TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. RFAs are no longer available in print. The announcement letter and complete RFA will be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms for viewing and downloading. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Further Information. For clarifying information about the RFA, contact Rebecca Schroeder, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any and all questions must be submitted in writing to the TEA contact persons identified in Part 2: Program Guidelines of the RFA.

Applicants must submit their written questions to either the program or funding contact person at the TEA no later than 5:00 p.m. (Central Time), Thursday, May 28, 2009. To provide all applicants with equal opportunity to review all questions and answers prior to submitting the grant application, any questions received after Thursday, May 28, 2009, will not be answered by the TEA.

All questions and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms on or before Thursday, June 4, 2009. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, June 18, 2009, to be eligible to be considered for funding.

TRD-200901440

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: April 15, 2009

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 May 25, 2009 . 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) 239-2545 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 May 25, 2009. 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: A N Trading, Inc. dba Buddy's Discount Store; DOCKET NUMBER: 2009-0045-PST-E; IDENTIFIER: RN102245586; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 Texas Administrative Code (TAC) §115.246(7)(A) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review; 30 TAC §115.242(3)(L) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $6,490; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 425-6010; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2008-1878-AIR-E; IDENTIFIER: RN100209857; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: ethylene production plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), New Source Review (NSR) Permit Number 21101, Special Condition (SC) Number 8, Federal Operating Permit (FOP) Number O-01235, General Terms and Conditions (GTC), and Special Terms and Conditions (STC) Number 2 and 21, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1) and §122.143(4), FOP Number O-01235, STC Number 2, THSC, §382.085(b), by failing to properly report unauthorized emissions; PENALTY: $14,560; Supplemental Environmental Project (SEP) offset amount of $5,824 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: Dripping Springs Independent School District; DOCKET NUMBER: 2009-0104-EAQ-E; IDENTIFIER: RN103124186; LOCATION: Dripping Springs, Hays County; TYPE OF FACILITY: school construction site; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain a modification of a contributing zone plan prior to conducting a regulated activity over the Edwards Aquifer Contributing Zone; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(4) COMPANY: E. I. du Pont de Nemours and Company; DOCKET NUMBER: 2008-1817-AIR-E; IDENTIFIER: RN100542711; LOCATION: Orange, Orange County; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), NSR Permit Number 20204, SC Number 1, FOP Number O-02055, GTC, SC Numbers 1 and 8, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1) and §122.143(4), FOP Number O-02055, SC Number 2F, and THSC, §382.085(b), by failing to properly report an emissions event; PENALTY: $6,916; ENFORCEMENT COORDINATOR: Raymond Marlow, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(5) COMPANY: Essner Manufacturing, L.P.; DOCKET NUMBER: 2009-0249-AIR-E; IDENTIFIER: RN100751395; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: aerospace component manufacturing plant; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain air permit authorization for two spray booths; and 30 TAC §106.433(2)(C) and §115.422(5)(E) and THSC, §382.085(b), by failing to store all new and used coatings and solvents in closed containers; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2008-1726-AIR-E; IDENTIFIER: RN102212925; LOCATION: Baytown, Harris County; TYPE OF FACILITY: industrial organic chemicals manufacturing plant; RULE VIOLATED: 30 TAC §101.20(3) and §116.715(a), Flexible Permit Number 3452, PSD-TX-302M2, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $26,450; SEP offset amount of $10,580 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: KLEMME ENTERPRISES, INC. dba Freeway Exxon; DOCKET NUMBER: 2008-1749-PST-E; IDENTIFIER: RN100819259; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (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 delivery certificate; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to provide a release detection method for the USTs by failing to conduct reconciliation of inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection; and 30 TAC §115.246(1) and THSC, §382.085(b), by failing to maintain all required Stage II records at the station and make them immediately available for review; PENALTY: $15,881; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(8) COMPANY: M & O SERVICES, L.L.C. dba Shell Super Stop 10; DOCKET NUMBER: 2009-0054-PST-E; IDENTIFIER: RN100814524; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; and 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube for each regulated UST; PENALTY: $19,499; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(9) COMPANY: Hipolito Martinez; DOCKET NUMBER: 2009-0014-LII-E; IDENTIFIER: RN105663397; LOCATION: Richmond, Fort Bend County; TYPE OF FACILITY: landscape irrigation business; RULE VIOLATED: 30 TAC §305.5 and §344.4, Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system and representing to the public that he could perform a service for which a license is required; PENALTY: $736; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Rosa Santis and Whittlesey Landscape Supplies & Recycling, Inc.; DOCKET NUMBER: 2008-1929-MSW-E; IDENTIFIER: RN105209175; LOCATION: Round Rock, Travis County; TYPE OF FACILITY: mulching; RULE VIOLATED: 30 TAC §328.5(h), by failing to have a fire prevention and suppression plan; PENALTY: $900; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(11) COMPANY: City of Sonora; DOCKET NUMBER: 2008-1921-MWD-E; IDENTIFIER: RN102806411; LOCATION: Sutton County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1) and (5) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010545001, Operational Requirements Number 4, by failing to maintain adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures; 30 TAC §305.125(1) and (5) and TPDES Permit Number WQ0010545001, Operational Requirements Number 1, by failing to properly operate and maintain the facility and all of its systems of collection, treatment, and disposal; 30 TAC §305.125(1), (4), and (5), TPDES Permit Number WQ0010545001, Permit Conditions Number 2.d., and Operational Requirements Number 1, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of sludge; 30 TAC §305.125(1), TPDES Permit Number WQ0010545001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; 30 TAC §305.125(1) and §319.11(c) and TPDES Permit Number WQ0010545001, Monitoring and Reporting Requirements Numbers 2, 3.a., and 5., by failing to properly calibrate measuring or recording devices; 30 TAC §305.125(1) and §319.9(c) and TPDES Permit Number WQ0010545001, Operational Requirements Number 1, by failing to retain records of process control and quality assurance activities; 30 TAC §305.125(1) and §319.7(e) and TPDES Permit Number WQ0010545001, Monitoring and Reporting Requirements Number 7.d., by failing to submit correct information in the discharge monitoring reports (DMRs); PENALTY: $26,192; SEP offset amount of $26,192 applied to Texas Association of Resource Conservation and Development Areas, Inc. - Household Hazardous Waste Clean-Up; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(12) COMPANY: Star Fuels, Inc. dba Phillips 66; DOCKET NUMBER: 2008-1738-PST-E; IDENTIFIER: RN101617777; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding late fees associated with UST fees; PENALTY: $2,518; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(13) COMPANY: Targa Midstream Services Limited Partnership; DOCKET NUMBER: 2009-0130-AIR-E; IDENTIFIER: RN100222900; LOCATION: Mont Belvieu, Chambers County; TYPE OF FACILITY: natural gas liquid processing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 5414, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $3,800; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: TERMINAL MARKET GARAGE, L.L.C. dba Terminal Market Garage; DOCKET NUMBER: 2009-0139-PST-E; IDENTIFIER: RN101896876; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: vehicle maintenance garage; RULE VIOLATED: 30 TAC §334.7(a)(1) and (d)(3), by failing to provide an amended UST registration form; 30 TAC §334.55(a)(6)(D)(ii), by failing to submit a release determination report; and 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system; PENALTY: $7,000; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(15) COMPANY: United States Department of Agriculture, Animal and Plant Health Inspection Service; DOCKET NUMBER: 2009-0055-PWS-E; IDENTIFIER: RN101611804; LOCATION: Hidalgo County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4), TCEQ Agreed Order Docket Number 2005-1262-PWS-E, Ordering Provision 2.a., and the THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes; and 30 TAC §290.113(f)(5), TCEQ Agreed Order Docket Number 2005-1262-PWS-E, Ordering Provision 2.b., and the THSC, §341.0315(c), by failing to comply with the MCL for haloacetic acids; PENALTY: $2,850; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3100; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(16) COMPANY: City of West; DOCKET NUMBER: 2009-0082-MWD-E; IDENTIFIER: RN102079282; LOCATION: West, McLennan County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010544001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a), by failing to comply with permit effluent limits for ammonia-nitrogen and dissolved oxygen; PENALTY: $7,260; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826 (254) 751-0335.

TRD-200901425

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 14, 2009

Notice of Proposed Underground Injection Control

General Permit Number WDWG010000

The Texas Commission on Environmental Quality (TCEQ or commission) proposes to issue a general permit (Proposed General Permit Number WDWG010000) authorizing the use of a Class I injection well to inject nonhazardous brine from a desalination operation or nonhazardous drinking water treatment residuals. The proposed general permit applies to the entire state of Texas. This general permit is authorized by Texas Water Code, §27.023.

PROPOSED GENERAL PERMIT

The executive director has prepared a draft general permit that provides requirements and conditions for the authorization of Class I injection wells to inject nonhazardous brine from a desalination operation or nonhazardous drinking water treatment residuals. The executive director proposes to require regulated facilities to submit a Notice of Intent to obtain authorization for injection.

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council regulations, and has determined that the action is consistent with applicable CMP goals and policies.

A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ's Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's 16 regional offices and at http://www.tceq.state.tx.us/permitting/waste_permits/advgroups/uic_gp.html on the TCEQ web site.

PUBLIC COMMENT/PUBLIC MEETING

You may submit public comments about this general permit. In addition, the TCEQ will hold a public meeting on this general permit pursuant to 30 TAC §331.202. A public meeting is not a contested case hearing. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the general permit. The public meeting will be held as follows: June 2, 2009, at 1:30 p.m. at the TCEQ Austin Office, 12100 Park 35 Circle, Building E, Room 254S.

Written public comments must be submitted to the Office of the Chief Clerk, MC 105, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at http://www5.tceq.state.tx.us/ecmnts/index.cfm within 30 days from the date this notice is published in the Texas Register or at the end of the public meeting, whichever is later.

APPROVAL PROCESS

After the comment period, the executive director will consider all the public comments and prepare a written response. The response will be filed with the TCEQ Office of the Chief Clerk at least ten days before the scheduled commission meeting when the commission will consider approval of the general permit. This commission meeting will be open to the public. The commission will consider all public comments in making its decision and will either adopt the executive director's response or prepare its own response. The commission will issue its written response on the general permit at the same time the commission issues or denies the general permit. A copy of any issued general permit and response to comments will be made available to the public for inspection at the agency's Austin and regional offices. A notice of the commissioners' action on the proposed general permit and a copy of its response to comments will be mailed to each person who made a comment. Also, a notice of the commission's action on the proposed general permit and the text of its response to comments will be published in the Texas Register.

MAILING LIST

In addition to submitting public comments, you may request to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific general permit; (2) the mailing list for a specific county; and/or (3) the mailing list for a specific applicant name and permit number. Clearly specify which list(s) to which you wish to be added and send your request to TCEQ Office of the Chief Clerk at the address listed previously. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.

AGENCY CONTACTS AND INFORMATION

If you need more information about this general permit or the permitting process, please call the TCEQ Office of Public Assistance, at 1-800-687-4040. General information about the TCEQ can be found at our web site at http://www.tceq.state.tx.us/. Further information may also be obtained by calling Kathryn Flegal at (512) 239-6890.

Si desea información en Español, puede llamar 1-800-687-4040.

TRD-200901423

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 14, 2009

General Land Office

Notice of Ike Disaster Recovery Order

Pursuant to 31 TAC §15.13, Jerry Patterson, Commissioner of the General Land Office, issued a disaster recovery order on April 13, 2009, to authorize temporary standards for stabilization and repair of structures, dune restoration, and other minimum measures necessary to mitigate for adverse effect to public beach access and dune areas in Galveston and Brazoria Counties caused by Hurricane Ike.

All jurisdictions within Brazoria and Galveston Counties have areas where residential structures and public infrastructure need stabilization and repair and where hazard mitigation measures are needed to reestablish the protective barrier provided by the natural dunes damaged or destroyed by wind and storm tidal surges from Hurricane Ike. The need to respond to threats to public health, safety, and welfare with hazard mitigation measures continues beyond the expiration of the previously issued emergency rules (31 TAC §15.17, concerning Emergency Provisions for Stabilization and Repair of Damaged Residential Structures, and §15.18, concerning Emergency Measures for Beach and Dune Restoration and existing Shore Protection Projects, §15.19 concerning Utilities and Ground Level Enclosures, and §15.20 concerning Use of Clay Fill) due to delays in obtaining funding from insurance payments for insured losses, governmental assistance, and other sources.

While the Ike Disaster Recovery Order is in effect, the local government may:

a. issue a certificate or permit authorizing recovery repair and recovery stabilization of a structure that encroaches or may encroach on the public beach if the local government determines that the measures comply with rules adopted by the Commissioner at 31 TAC §15.13(f);

b. issue a certificate or permit authorizing recovery dune restoration if the local government determines that the restoration complies with rules adopted by the Commissioner at 31 TAC §15.13(g) and (h);

c. authorize minimum measures necessary to mitigate for adverse effects to public beach access and dune areas caused by Hurricane Ike as provided in rules adopted by the Commissioner at 31 TAC §15.13(j);

d. authorize repairs to existing shoreline protection projects if the local government determines that the repair complies with rules adopted by the Commissioner at 31 TAC §15.13(k); and

e. suspend the authority of a permittee to scrape a beach under a previously issued beach maintenance permit if significant beach erosion has been caused by Hurricane Ike pursuant to rules adopted at 31 TAC §15.13(n).

The Ike Disaster Recovery Order is effective until September 13, 2011. The text of the order may be viewed at http://www.glo.state.tx.us/ike/hurricane.html.

TRD-200901436

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: April 15, 2009

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200901395

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: April 13, 2009

Texas Health and Human Services Commission

Notice of Hearing on Proposed Nursing Facility Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 14, 2009, at 1:00 p.m., to receive public comment on proposed payment rates for the state-owned veterans nursing facilities. These nursing facilities are in the nursing facility program operated by Texas Department of Aging and Disabilities. These payment rates are proposed to be effective March 1, 2009.

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

Proposal. HHSC proposes the following interim per day payment rates for the state-owned veterans nursing facilities effective March 1, 2009: Big Spring, $136.00; Bonham, $136.00; Floresville, $136.00; Temple, $136.00: McAllen, $136.00, El Paso, $136.00 and Amarillo, $136.00. The proposed rates for each home are based upon the state veterans home semi-private basic daily rate in effect on the first day of the rate period in accordance with the rate setting methodologies listed below under Methodology and Justification. These rates will be reconciled retrospectively based on actual costs in accordance with 1 TAC §355.311(j).

Methodology and Justification. The proposed rates were determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.311(d).

Briefing Package. A briefing package describing the proposed payment rates will be available April 29, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1174, by fax at (512) 491-1983; or by e-mail at josie.wheatfall@hhsc.state.tx.us. The briefing package will also be available at the public hearing.

Written and Oral Comments. Written comments regarding the 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 Josie Wheatfall, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Josie Wheatfall at (512) 491-1983; or by e-mail to josie.wheatfall@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Josie Wheatfall, HHSC Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200901419

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 13, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 12, 2009, at 1:30 p.m., to receive public comment on proposed Medicaid payment rate for Implant Procedure Codes for Types of Service (TOS) 2, 8, and F. The public hearing will be held in the Lone Star Conference Room of HHSC, 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 of and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rates for the Implant Procedure Codes for Types of Service (TOS) 2, 8, and F are proposed to be effective July 1, 2009. TOS 2 covers physician surgery services. TOS 8 covers physician assistant surgery services. TOS F covers services delivered in an ambulatory surgical center (ASC) / hospital ASC (HASC).

Methodology and Justification. The proposed payment rates for TOS 2 and TOS 8 were calculated in accordance with 1 TAC §355.8085, relating to the reimbursement methodology for physician services, including surgery and assistant surgery services. The proposed TOS F rates were calculated in accordance with 1 TAC §355.8121, relating to the reimbursement methodology for ASC/HASC services.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after April 28, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1983; or by e-mail at josie.wheatfall@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Josie Wheatfall, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Josie Wheatfall at (512) 491-1983; or by e-mail to josie.wheatfall@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Josie Wheatfall, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Josie Wheatfall at (512) 491-1445 at least 72 hours in advance, so appropriate arrangements can be made.

TRD-200901399

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 13, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rate

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 12, 2009, at 1:30 p.m. to receive public comment on the proposed Medicaid Vision Services Fees. The public hearing will be held in the Lone Star Conference Room of HHSC, 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 §32.082 and 1 Texas Administrative Code (TAC), §355.201(e) - (f), which require public hearings on proposed Medicaid reimbursements.

Proposal. The new Vision Services Fees are proposed to be effective July 1, 2009.

Methodology and Justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8001, 1 TAC §355.8081, and 1 TAC §355.8085 which address the reimbursement methodology for Vision Care Services.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after April 27, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1983; or by e-mail at Josie.Wheatfall@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of or in addition to oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Josie Wheatfall, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Josie Wheatfall at (512) 491-1983; or by e-mail to Josie.Wheatfall@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Josie Wheatfall, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200901397

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 13, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rate

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 12, 2009, at 1:30 p.m. to receive public comment on the proposed Medicaid Molecular Lab Fees associated with medical policy changes. The public hearing will be held in the Lone Star Conference Room of HHSC, 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 §32.082 and 1 Texas Administrative Code (TAC), §355.201(e) - (f), which require public hearings on proposed Medicaid reimbursements.

Proposal. The new Molecular Lab Fees are proposed to be effective July 1, 2009.

Methodology and Justification. The proposed payment rate is calculated in accordance with 1 TAC §355.8610, which addresses the reimbursement methodology for clinical laboratory services and 1 TAC §355.8081, which addresses the reimbursement methodology for non-clinical laboratory services.

TRD-200901400

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 13, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rate

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 12, 2009, at 1:30 p.m. to receive public comment on the multiple proposed updated Medicaid payment rates resulting from Quarterly Medicaid Fee Reviews. The procedure codes covered by the Quarterly Medicaid Fee Reviews include multiple blood products, multiple surgery, assistant surgery and medical services procedure codes, Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) codes; other (ambulance, eyewear, and supplies) procedure codes; multiple non-clinical laboratory procedure codes; and clinical laboratory procedure codes. The public hearing will be held in the Lone Star Conference Room of HHSC, 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 §32.082 and 1 Texas Administrative Code (TAC), §355.201(e) - (f), which require public hearings on proposed Medicaid reimbursements.

Proposal. The proposed updated payment rates resulting from the Quarterly Medicaid Fee Reviews are proposed to be effective July 1, 2009.

Methodology and Justification. The proposed updated payment rates are calculated in accordance with 1 TAC §355.8021, relating to home health services; 1 TAC §355.8085, relating to the reimbursement methodology for physician services and certain other practitioners; and 1 TAC §355.8081, which addresses the reimbursement methodology for non-clinical laboratory services; and 1 TAC §355.8610, which addresses the reimbursement methodology for clinical laboratory services.

TRD-200901418

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 13, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 12, 2009, at 1:30 p.m., to receive public comment on the proposed Medicaid payment rate for Physician Evaluation & Management (E&M) Services (Adult Annual Preventive/Wellness Exams). The public hearing will be held in the Lone Star Conference Room of HHSC, 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 of and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rate for the Physician Evaluation & Management (E&M) Services (Adult Annual Preventive/Wellness Exams) is proposed to be effective December 6, 2009.

Methodology and Justification. The proposed payment rate was calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physician services, including medical service, surgery, assistant surgery, anesthesia and physician-administered drugs/biologicals.

Briefing Package. A briefing package describing the proposed payment rate will be available on or after April 28, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1983; or by e-mail at josie.wheatfall@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rate may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Josie Wheatfall, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Josie Wheatfall at (512) 491-1983; or by e-mail to josie.wheatfall@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Josie Wheatfall, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200901398

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 13, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rate

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 12, 2009, at 1:30 p.m., to receive public comment on a proposed Medicaid new benefit payment rate for repair or nonroutine service for durable medical equipment other than oxygen associated with Durable Medical Equipment medical policy changes. The public hearing will be held in the Lone Star Conference Room of HHSC, 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 of and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rate for the repair or nonroutine for durable medical equipment other than oxygen is proposed to be effective July 1, 2009.

Methodology and Justification. The proposed payment rate was calculated in accordance with 1 TAC §355.8021(c), which addresses the reimbursement methodology for durable medical equipment (DME) as home health services, and 1 TAC §355.8441(3), relating to the reimbursement methodology for DME under the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Program (known in Texas as Texas Health Steps).

TRD-200901396

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 13, 2009

Texas Department of Housing and Community Affairs

Announcement of the Opening of the Public Comment Period for the Draft 2009 State of Texas Consolidated Plan Annual Performance Report - Reporting on Program Year 2008

The Texas Department of Housing and Community Affairs (Department) announces the opening of a 15-day public comment period for the State of Texas Draft 2009 Consolidated Plan Annual Performance Report - Reporting on Program Year 2008 (Report) as required by the US Department of Housing and Urban Development (HUD). The Report is required as part of the overall requirements governing the State's consolidated planning process. The Report is submitted in compliance with 24 CFR §91.520, Consolidated Plan Submissions for Community Planning and Development Programs. The 15-day public comment period begins April 24, 2009, and continues until 5:00 pm on May 14, 2009.

The Report gives the public an opportunity to evaluate the performance of the past program year for four HUD programs: the Community Development Block Grant Program administered by the Office of Rural Community Affairs, the Emergency Shelter Grants and HOME Investment Partnerships programs administered by the Department, and the Housing Opportunities for Persons with AIDS Program administered by the Texas Department of State Health Services. The following information is provided for each of the four programs covered in the Report: a summary of program resources and programmatic accomplishments; a series of narrative statements on program performance over the past year; a qualitative analysis of program actions and experiences; and a discussion of program successes in meeting program goals and objectives.

Beginning April 24, 2009, the Report will be available on the Department's website at www.tdhca.state.tx.us. A hard copy can be requested by contacting the Housing Resource Center at P.O. Box 13941, Austin, TX 78711-3941 or by calling (512) 475-3976.

Written comment should be sent by mail to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, TX 78711-3941, by email to info@tdhca.state.tx.us, or by fax to (512) 469-9606.

TRD-200901420

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 13, 2009

Texas Department of Insurance

Company Licensing

Application to change the name of DIXIE NATIONAL LIFE INSURANCE COMPANY to HEARTLAND NATIONAL LIFE INSURANCE COMPANY, a foreign company. The home office is in Indianapolis, Indiana.

Application to change the name of PODIATRY INSURANCE COMPANY OF AMERICA, A MUTUAL COMPANY to PODIATRY INSURANCE OF AMERICA, a foreign fire and casualty company. The home office is in Franklin, Tennessee.

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

TRD-200901441

Brenda Caldwell

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 15, 2009

Third Party Administrator Applications

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

Application of DKMELLAN, LLC (doing business as FIRST CARDINAL OF TEXAS), a domestic third party administrator. The home office is IRVING, TEXAS.

Application of GM-SOUTHWEST, INC. (doing business as GMSW, INC.), a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

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

TRD-200901439

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 15, 2009

Texas Lottery Commission

Instant Game Number 1185 "Lucky Rider"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1185 is "LUCKY RIDER". The play style is "key number match with multiplier".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1185 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1185.

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: 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 5X SYMBOL, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000, $50,000 and CHOPPER 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. 1185 - 1.2D

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

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

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

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

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 (1185), 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: 1185-0000001-001.

K. Pack - A pack of "LUCKY RIDER" 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 001 and front 075.

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

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LUCKY RIDER" Instant Game No. 1185 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 "LUCKY RIDER" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a 5X SYMBOL, the player wins 5 TIMES the PRIZE shown for that symbol. If the winning prize symbol is a CHOPPER SYMBOL, the player wins a LUCKY RIDER Motorcycle. 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 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;

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 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.

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

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

2.2 Programmed Game Parameters.

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

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

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

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

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

F. The "5X" (win x 5) play symbol will only appear on winning tickets as dictated by the prize structure.

G. The "CHOPPER" prize symbol may appear on both winning and non-winning tickets.

H. The $50,000 prize symbol and the "CHOPPER" prize symbol will appear on every ticket unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "LUCKY RIDER" Instant Game prize of $1,000, $50,000 or CHOPPER, 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. MOTORCYCLE PRIZE WINNERS under the age of 21 are considered "minors" by definition under Texas Government Code Section 466.405. Section 466.405(c) states that if a minor wins a prize "other than prize money," the TLC shall pay the cash equivalent to an adult member of the minor's family or the minor's guardian as custodian for the minor. Payment of the cash equivalent of a prize other than prize money shall be made as a direct payment to the minor by depositing the amount of the prize in any bank to the credit of an adult member of the minor's family or the minor's guardian as custodian for the minor.

D. MOTORCYCLE PRIZE WINNERS over the age of 21 are not eligible to receive payment of the cash equivalent for this prize.

E. As an alternative method of claiming a "LUCKY RIDER" 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.

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

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

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

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

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

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

G. 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 "LUCKY RIDER" 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 "LUCKY RIDER" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1185. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1185 - 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. 1185 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).

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. 1185, 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-200901438

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 15, 2009

North Central Texas Council of Governments

Notice of Call for Projects

The North Central Texas Council of Governments (NCTCOG) is issuing a competitive call for projects to award Federal Transit Administration Job Access/Reverse Commute (49 U.S.C. §5316) and New Freedom (49 U.S.C. §5317) Program funds. Approximately $4.6 million in Job Access/Reverse Commute and $1.5 million in New Freedom funding is available for eligible projects selected in the Dallas-Fort Worth Metropolitan Area. The Job Access/Reverse Commute Program provides funding for local projects designed to transport low-income individuals to and from employment and employment-related activities or to transport residents of urban, rural and suburban areas to suburban employment opportunities. The New Freedom Program supports new services and facility improvements that address transportation needs of individuals with disabilities that go beyond those required by the Americans with Disabilities Act. Private non-profit organizations, state or local governmental authorities, and operators of public transportation services, including private operators of public transportation services, are encouraged to submit projects for consideration. Detailed information on the call for projects can be obtained online at www.nctcog.org/jarc or by contacting James Powell at jpowell@nctcog.org or (817) 695-9283.

Due Date

Project submittals are due at the NCTCOG offices no later than 5:00 p.m. Central Daylight Time on Friday, June 5, 2009. No late submittals will be accepted.

TRD-200901443

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: April 15, 2009

Texas Parks and Wildlife Department

Notice of Proposed Real Estate Transactions and Opportunity for Public Comment

Land Transfer

Abilene State Park - Taylor County

In a meeting on May 27, 2009, the Texas Parks and Wildlife Commission (the Commission) will consider the transfer of approximately 91.3 acres of land adjacent to Abilene State Park to The Texas Trails Council, Boy Scouts of America. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Corky Kuhlmann, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at corky.kuhlmann@tpwd.state.tx.us or through the TPWD web site at tpwd.state.tx.us.

Land Exchange

Galveston Island State Park - Galveston County

In a meeting on May 27, 2009, the Texas Parks and Wildlife Commission (the Commission) will consider the exchange of approximately 6.2 acres of Galveston Island State Park (Park) land for an approximate 11-acre private tract; the 11-acre tract represents an in-holding at the Park. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Corky Kuhlmann, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at corky.kuhlmann@tpwd.state.tx.us or through the TPWD web site at tpwd.state.tx.us.

Land Purchase

Lost Maples State Park - Bandera County

In a meeting on May 27, 2009, the Texas Parks and Wildlife Commission (the Commission) will consider the purchase of approximately 732 acres of land adjacent to Lost Maples State Park in Bandera County. At this meeting the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or through the TPWD web site at tpwd.state.tx.us.

Land Exchange

Possum Kingdom State Park - Palo Pinto County

In a meeting on May 27, 2009, the Texas Parks and Wildlife Commission (the Commission) will consider accepting a donation of approximately 350 acres adjacent to Possum Kingdom State Park in Palo Pinto County, concurrent with the conveyance to the Brazos River Authority of approximately 200 acres of submerged land lying beneath the surface of Possum Kingdom Reservoir. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or through the TPWD web site at tpwd.state.tx.us.

Land Exchange

Caddo Lake State Park - Harrison County

In a meeting on May 27, 2009, the Texas Parks and Wildlife Commission (the Commission) will consider exchanging approximately 1 acre of land for approximately 1 acre of land adjacent to Caddo Lake State Park in Harrison County. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or through the TPWD web site at tpwd.state.tx.us.

Acceptance of Land Donation

Government Canyon State Park - Bexar County

In a meeting on May 27, 2009, the Texas Parks and Wildlife Commission (the Commission) will consider accepting a donation of approximately 3,000 acres adjacent to Government Canyon State Park in Bexar County. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or through the TPWD web site at tpwd.state.tx.us.

TRD-200901432

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: April 14, 2009

Public Utility Commission of Texas

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

The Public Utility Commission of Texas received an application on April 6, 2009, 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 Windjammer Communications LLC for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36882 before the Public Utility Commission of Texas.

The requested CFA service area footprint includes the removal of the City Limits of Encinal and Stockdale, Texas, and the County Limits of Webb County, Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 36882.

TRD-200901392

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 9, 2009

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

The Public Utility Commission of Texas received an application on April 7, 2009, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Time Warner Cable for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36891 before the Public Utility Commission of Texas.

The requested CFA expanded service area footprint includes the City of Fredericksburg, Texas, and to consolidate SICFA Numbers 90008 and 90009, reassigning all service footprint areas of SICFA Number 90009 to SICFA Number 90008.

TRD-200901393

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 9, 2009

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

Project Title and Number: Application of Comcast of Houston, LLC for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36892 before the Public Utility Commission of Texas.

The requested CFA expanded service area footprint includes the City of Tomball, Texas.

TRD-200901394

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 9, 2009

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

The Public Utility Commission of Texas (commission) received an application on April 13, 2009, 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 Comcast of Houston, LLC for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36907 before the Public Utility Commission of Texas.

The requested CFA expanded service area footprint includes the city of Freeport, Texas.

TRD-200901431

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 14, 2009

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 6, 2009, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Entelegent Solutions, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 36886 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, and long distance services.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 29, 2009. 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 36886.

TRD-200901430

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 14, 2009

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

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on April 3, 2009, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas’ (AT&T Texas) request for assignment of two thousand-blocks of numbers in the Dallas rate center.

Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 36881.

The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 29, 2009. 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 36881.

TRD-200901429

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 14, 2009

Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on April 7, 2009, to amend a certificate of convenience and necessity for a proposed transmission line in Wheeler County, Texas.

Docket Style and Number: Application of Southwestern Public Service Company to Amend a Certificate of Convenience and Necessity (CCN) for a Proposed 115 kV Transmission Line Within Wheeler County, Texas. Docket Number 36848.

The Application: The application of Southwestern Public Service Company (SPS) for a proposed transmission line is designated the Wheeler to Howard Transmission Line Project. SPS stated that the proposed transmission line is needed to provide reliable transmission service to existing customers and the growing oil field industry in the eastern Texas Panhandle area. The project will provide additional transmission capacity and voltage strength to both transmission and distribution customers in the area. The miles of right-of-way for this project will be approximately 7.5 miles (preferred route). The estimated date to energize facilities is 9 months following CCN approval.

Persons wishing to intervene or 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. The deadline for intervention in this proceeding is May 22, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 36848.

TRD-200901391

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 9, 2009

Texas Residential Construction Commission

Notice of Application for Designation as a "Texas Star Builder"

The Texas Residential Construction Commission (commission) adopted rules regarding the procedures for designation as a "Texas Star Builder" at 10 TAC §303.300. The rules were adopted pursuant to §416.011, Property Code (Act effective September 1, 2003), which provides that the commission shall establish rules and procedures through which a builder can be designated as a "Texas Star Builder." The commission rules for application for designation can be found on the commission's website at www.trcc.state.tx.us.

10 TAC §303.300(i)(2) requires the commission to publish in the Texas Register notice of the application of each person seeking to become designated as a "Texas Star Builder" registered under this subchapter. The commission will accept public comment on each application for twenty-one (21) days after the date of publication of the notice. Information provided in response to this notice will be utilized in evaluating the applicants for approval. The "Texas Star Builder" designation requires that a builder or remodeler demonstrate that its education, experience and commitment to professionalism sets the builder or remodeler apart from its peers and offers some assurance to its customers that its quality of service and construction will be above average.

Pursuant to 10 TAC §303.300(i)(2), the commission hereby notices the application(s) for designation as a "Texas Star Builder" of:

Foursquare Builders LLC, 6800 Caudill Lane, Austin, TX 78738. Foursquare Builders LLC holds TRCC builder registration #26707. The applicant's registered agent is Wesley O. Wigginton.

Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, The Texas Residential Construction Commission, P.O. Box 13509, Austin, TX 78711-3144. Comments regarding this application will be accepted for twenty-one days following the date of publication of this notice in the Texas Register. Thereafter, the comments will not be considered as timely filed.

TRD-200901422

A. Duane Waddill

Executive Director

Texas Residential Construction Commission

Filed: April 14, 2009

State Board of Examiners for Speech-Language Pathology and Audiology

Notice of Public Hearing Concerning Proposal of Speech-Language Pathology and Audiology Telepractice Rulemaking

The State Board of Examiners for Speech-Language Pathology and Audiology will hold a public hearing to receive comments on the proposal of 22 Texas Administrative Code, Chapter 741, Subchapter O - Telehealth (Telepractice), §§741.211 - 741.215. The proposed rules were published in the April 10, 2009, issue of the Texas Register (34 TexReg 2360).

The hearing will be held from 9:30 a.m. until 12:00 p.m., on Friday, May 8, 2009, in the Moreton Building, Room M-653, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756.

Further information may be obtained from Joyce Parsons, Executive Director, Speech-Language Pathology and Audiology, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756, telephone (512) 834-6627, fax (512) 834-6677, or email Joyce.Parsons@dshs.state.tx.us.

TRD-200901444

Kerry Ormson, Ed.D., Au.D.

Presiding Officer

State Board of Examiners for Speech-Language Pathology and Audiology

Filed: April 15, 2009

Texas Department of Transportation

Aviation Division - Request for Proposal for Aviation Engineering Services

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

The following is a listing of proposed projects at the Garner Field Airport during the course of the next five years through multiple grants.

Current Project: City of Uvalde, Garner Field Airport. TxDOT CSJ No.: 0915UVALE. Current Scope: Install PAPI-4 Runway 15-33 at Garner Field Airport.

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

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

1. Rehabilitate taxiways and aprons.

2. Reconstruct apron.

3. Replace MIRLS Runway 15-33.

4. Clear/grub on Runway 33 and south end of airport.

5. Rehabilitate and mark Runway 15-33.

6. Update terminal area plan.

7. Install game-proof fence.

8. Extend Howard Langford Drive.

9. Reconstruct entrance road.

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

To assist in your proposal preparation, the criteria, 5010 drawing, and most recent Airport Layout Plan are available online at

www.txdot.gov/avn/avninfo/notice/consult/index.htm

by selecting "Garner Field Airport". The proposal should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for both current and future scope.

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal". The form may be requested from TxDOT, Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site at

http://www.txdot.gov/business/projects/aviation.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 May 20, 2009 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, Grant Manager.

The consultant selection committee will be composed of Aviation Division staff members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluation of engineering proposals can be found at

http://www.txdot.gov/business/projects/aviation.htm.

All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The consultant selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation for any technical or procedural questions at 1-800-68-PILOT (74568). For procedural questions, please contact Edie Stimach, Grant Manager. For technical questions, please contact Charles Graham, Project Manager.

TRD-200901428

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: April 14, 2009