Texas Department of Agriculture

Request for Proposals: Parallel Pathways to Success Grant Program

Statement of Purpose. The Texas Department of Agriculture (TDA) is requesting proposals for projects for the Parallel Pathways to Success Pilot Grant Program. The pilot program is administered by the Rural Economic Development Division (RED) of TDA and requires grant recipients to provide matching funds not less than 10% of the overall grant award. The purpose of this grant is to align educational resources with workforce needs by supporting the development of programs that offer rural high school students a more flexible education system such that students will have the opportunity to concurrently earn both a high school diploma and two years of college credit toward an Associate's or Bachelor's degree. Funded projects are expected to result in a functioning program within 1 - 2 years.

Submission Dates/Locations. Forms required for submitting a proposal are available by accessing TDA's website at: www.texasagriculture.gov, or by e-mailing RED at: finance@texasagriculture.gov. One hard copy and one electronic copy of the proposal in Microsoft Word format must arrive no later than 5:00 p.m. on August 17, 2009, to one of the following:

Physical Address: Texas Department of Agriculture, Rural Economic Development, 1700 N. Congress Avenue, 11th Floor, Austin, Texas 78701, Attention: Rick Rhodes.

Mailing Address: Texas Department of Agriculture, Rural Economic Development, P.O. Box 12847, Austin, Texas 78711, Attention: Rick Rhodes

The electronic copy should be e-mailed to: rick.rhodes@texasagriculture.gov

Eligibility. Grant proposals will be accepted from any accredited high school, institution of higher learning, chambers of commerce, economic development commissions or similar organizations located in the State of Texas.

Proposal Requirements.

Funding Parameters:

It is anticipated that selected projects will be funded in a range of $50,000 - $125,000 per year. Projects may be awarded in excess of this range if the project proposal includes a strong justification for the funding and a potential for providing an operating program by fall 2009. Projects will be awarded for two years (August 31, 2009 - August 31, 2011). All awards require matching funding at not less than 10% of the overall grant award.

TDA reserves the right to fund proposals partially or fully. Where more than one proposal for a geographical region is found acceptable for funding, TDA may request cooperation between grantees or revision/adjustment to a proposal in order to avoid duplication and to realize the maximum benefit to the state.

Form Requirements:

Proposals must be submitted on form RED-200 for consideration. RED-200 shall not exceed 6 pages. (2 pages for Personnel/contact information, 3 pages for proposal, and 1 page for budget information.)

The required forms are available by accessing TDA's website at: www.texasagriculture.gov or by e-mailing the RED at: finance@texasagriculture.gov.

Technical Requirements:

Include the following items:

1. Project Director Information - Do Not Exceed Two Pages. Include title, performing institutions, lead contact information and experience, responsible contracts officer information.

2. Project Summary - Do Not Exceed 200 Words. Briefly summarize the program for which you are requesting funding.

3. Project Proposal - Do Not Exceed Three Pages. Include the following:

A. Background - Statement of program including the institutions that the program will be offered through; any history regarding this particular program; and how the program will serve the needs of the students in its community.

B. Objectives - Concise outline of what the program will offer students including curriculum, any degrees or certificates offered, criteria for acceptance into program; specific goals and performance measures and how those will be measured.

C. Benefits - Description of the expected results and their anticipated contributions to students and meeting the needs of the workforce in rural Texas.

4. Performance and Budget Information. Include the following:

A. Project Budget - Include categories of Salary, Travel, Materials and Operating Expenses, Equipment, Other, Contracts, and Indirect (not to exceed 10%) and matching funds. Round budget items to the nearest $100;

B. Matching Funds Table - This grant requires matching funds of not less than 10% of the grant award. The ability of a project to claim supporting or leveraged funds in excess of the minimum percentage will be a positive factor in the review process. Matching funds must be documented on the budget submission form and reported on a quarterly basis; and

C. Indirect Costs - Under this grant 10% of the grant award amount will be allowed to be used for the reimbursement of indirect costs.

Budget Information: This grant will be paid on a cost reimbursement basis after matching funds have been documented.

1. Eligible Expenses. Generally, expenses that are necessary and reasonable for proper and efficient performance and administration of a project are eligible. Expenses must be properly documented with sufficient backup detail, including copies of invoices. Examples of eligible expenditures are:

Personnel costs - both salary and benefits;

Travel - domestic (Reimbursement for foreign travel is discouraged);

Equipment, Materials and direct operating expenses - items that costs less than $5,000 per unit with a useful life of less than one year, office supplies, postage, telecommunications, printing, etc.;

Other expenses - any expenses that do not fall into the above categories;

Contracts - agreements made with other universities or private parties to perform a portion of the award; and

Indirect expenses - limited to 10% of the grant award.

2. Ineligible Expenses. Expenses that are prohibited by state or federal law are ineligible. Examples of these expenditures are:

Alcoholic beverages;

Entertainment;

Contributions, charitable or political;

Expenses falling outside of the contract period;

Expenses for expenditures not listed in the project budget;

Tangible personal property costing over $5000 per unit and having a useful life over one year; and

Expenses that are not adequately documented.

3. Description of the Budget. Present an overall project budget and include the following items in the budget description:

A. Personnel services: Grant funds may be used for directly supporting salaries and wages of teachers, administrative assistants and other support personnel.

B. Travel: Grant funds used for travel expenses, domestic or foreign, must be limited to the State of Texas established mileage, per diem, and lodging policies. Reimbursement for foreign travel is discouraged, but may be paid on a case-by-case basis. To be eligible for reimbursement, foreign travel shall be approved in advance by the Commissioner or his designee.

C. Materials and Direct Operating Expenses: Expenses that are directly related to the grantee's day-to-day operation of the grant project that are not included in any of the Grantee's other standard budget categories and has an acquisition cost of less than $5,000 per unit. Grantees must allocate costs on a prorated basis for shared usage, including office supplies, postage, telecommunications, and printing.

D. Professional/Contractual: Any contract or agreement entered into by a grantee and a third party that obligates grant funds must be in writing and consistent with Texas law. Grantees must maintain adequate documentation supporting budget items for a contractor's time, services, and rates of compensation.

E. Indirect Expenses: Grant funds may be used for indirect costs up to 10% of the grant award amount.

F. Matching Funds: Please identify all funding, including amount and payor, received for this project or funding anticipated to be received during the two-year grant term.

G. Additional Budget Information: Provide any additional information you think would be helpful to the review committee including equipment justification, subcontract recipients and amounts, list of key personnel to be paid, or description of other large item expenditures.

Evaluation of Proposals.

The proposals will be evaluated on the following elements:

1. The merits of the plan in regard to bridging the gap to higher education and workforce readiness for rural high school students;

2. The potential for having a program in place in 1 - 2 years;

3. Rigorousness and relevancy of curriculum;

4. The feasibility of the objectives;

5. The anticipated benefits to the workforce in rural Texas;

6. How the programs academic excellence is monitored and evaluated to ensure the students are performing at a higher level;

7. The requested budget in relation to expected benefits; and

8. The ability to provide 10% matching funds.

Award Information and Notification.

TDA will approve projects for funding. TDA reserves the right to accept or reject any or all proposals submitted. TDA is under no legal or other obligation to award a grant on the basis of a proposal submitted in response to this Request for Proposals. TDA shall not pay for any costs incurred by any entity in responding to this Request for Proposals.

The public announcements and written notifications will be made to all applicants. Favorable decisions will indicate the amount of award, duration of the grant, and any special conditions associated with the project. All grant recipients will have to execute a grant agreement with TDA no later than August 31, 2009.

General Compliance Information.

1. Prior to accepting the grant and signing the grant agreement, applicants will be provided a copy of the TDA reporting requirements for their review. This document will explain billing procedures, quarterly and annual reporting requirements, procedures for requesting a change in the project scope or budget, and other miscellaneous items.

2. Any delegation by the Grantee to a subcontractor regarding any duties and responsibilities imposed by the grant award shall be approved in advance by TDA and shall not relieve the Grantee of its responsibilities to TDA for their performance.

3. All grant awards are subject to the availability of appropriations and authorizations by the Texas Legislature and TDA.

4. Any information or documentation submitted to TDA as part of the project grant proposal is subject to disclosure under the Texas Public Information Act.

5. While TDA attempts to observe the strictest confidence in handling the proposals, it cannot guarantee complete confidentiality on any matters that lie beyond its control. The confidentiality of recipient's "proprietary data" so designated shall be strictly observed to the extent permitted by appropriate Texas laws, including the Texas Public Information Act.

6. Control of the ownership and disposition of all patentable products and inventories shall be agreed to by Grantee and TDA.

7. Awarded grant projects must remain in full compliance with state and federal laws and regulations. Noncompliance with such law may result in termination by TDA.

8. Grant recipients must keep a separate bookkeeping account with a complete record of all expenditures relating to the project. Records shall be maintained for three years after the completion of the project or as otherwise agreed upon with TDA. TDA and the Texas State Auditor's Office reserve the right to examine all books, documents, records, and accounts relating to the project at any time throughout the duration of the agreement and for three years immediately following completion of the project. If there has been any litigation, claim, negotiation, audit or other action started prior to the expiration of the three-year period involving the records, then the records must be retained until the completion of the action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later. TDA and the Texas State Auditor's Office reserve the right to inspect the project location(s) and to obtain full information regarding all project activities.

9. If the Grantee has a financial audit performed in any year during which Grantee receives funds from Grantor, and if the Grantor requests information about the audit, the Grantee shall provide such information to TDA or provide information as to where the audit report can be publicly viewed, including the audit transmittal letter, management letter, and any schedules in which the Grantee's funds are included.

10. Grant awards to Texas institutions shall comply in all respects with the Uniform Grant Management Standards (UGMS). A copy may be downloaded from the following website: www.governor.state.tx.us/divisions/stategrants/guidelines/files/UGMS012001.doc

11. Grant management guidelines will be provided to grantees once an award is made.

For any questions:

Please contact Rick Rhodes, Assistant Commissioner for Rural Economic Development, at (512) 463-7577 or by e-mail at: rick.rhodes@texasagriculture.gov.

TRD-200903207

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: July 29, 2009

Notice of Intent to Amend Consulting Contract

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of intent to amend and renew the statistician consulting services contract with Analytical Systems, Inc. Consultant will advise the Comptroller on statistical issues and provide other related services in connection with the Comptroller's Annual Property Value Study (Study). The successful respondent will be expected to begin the performance of the Contract on or about September 1, 2009, or as soon thereafter as practical.

Background: The Comptroller requires highly specialized statistical consulting expertise and experience for the services to be provided under the Contract. The Consultant will advise the Comptroller periodically during the year regarding complex statistical and other issues relating to the Study and provide all other reasonably-related services. The amended contract amount is not to exceed $45,000.00. The term of the amended contract will be September 1, 2009, through August 31, 2010. The report will be due on or about August 31, 2010.

Current Contract: The current consultant is Analytical Systems, Inc., located at: P.O. Box 656, Castroville, Texas 78009. The total amount of this contract is not to exceed $45,000.00. The term of the contract is October 15, 2008 through August 31, 2009. The reports submitted under this contract were due on or before August 31, 2009.

Award Procedure: The notice of request for proposals (RFP #189a) was published in the August 1, 2008, issue of the Texas Register (33 TexReg 6185).

TRD-200903216

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: July 29, 2009

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 08/03/09 - 08/09/09 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 08/03/09 - 08/09/09 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

TRD-200903175

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 27, 2009

Certification of Court Reporters

Following the examination of applicants on June 24, 2009, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

MACHINE SHORTHAND: JESSICA RAMIREZ - ROBSTOWN, TX; REBEKHA BENCHIMOL - RICHARDSON, TX; KATHLEEN MCCURRY - CARROLLTON, TX; BRENNA HOMFELD - HOUSTON, TX; JENNIFER BROADHEAD - CLUTE, TX; BRENDA BARRIENTOS - GRAND PRAIRIE, TX; MELISSA RAY - THE COLONY, TX; TAVIS JACKS - SPRING, TX; CAROLINE CASTRO - ORLANDO, FL; LOREN GONZALES - HOUSTON, TX; LAUREN STRAIN - LONGVIEW, TX; CYNTHIA HINDS - KEMP, TX; REBECCA CALLOW - AUSTIN, TX; and DEBRA RIVERA - LEHI, UT.

TRD-200903037

Sheryl Jones

Administrator of Licensing

Court Reporters Certification Board

Filed: July 23, 2009

Notice of State Board for Educator Certification Disciplinary Policy Guidelines

The State Board for Educator Certification (SBEC) took action at its June 18, 2009, meeting to adopt the following Disciplinary Policy Guidelines in order to articulate and provide notice of its guiding policy considerations in educator discipline matters.

State Board for Educator Certification Disciplinary Policy Guidelines

As provided in 19 TAC §249.5, the primary purposes the SBEC seeks to achieve in educator disciplinary matters are to: (1) protect the safety and welfare of Texas schoolchildren and school personnel; (2) ensure educators and applicants are morally fit and worthy to instruct or to supervise the youth of the state; and (3) fairly and efficiently resolve educator disciplinary proceedings.

The SBEC's focus on the safety and welfare of students is also reflected in the SBEC Mission Statement, Core Principles, and Goals that were adopted on February 6, 2009 (text included in this notice).

Without diminishing in any way the SBEC 19 TAC Chapter 249 procedural and substantive rights of educators to contest allegations of educator misconduct, it is the policy of the SBEC to fully investigate such allegations and, if those allegations are found to have merit, to ensure that any sanction that is imposed furthers these purposes.

A certified educator holds a unique position of public trust with almost unparalleled access to the hearts and minds of impressionable students. Therefore, the conduct of an educator must be held to the highest standard. Because SBEC sanctions are imposed for reasons of public policy, and are not penal in nature, criminal procedural and punishment standards are not appropriate to educator discipline proceedings.

General Principles:

1. Because the SBEC's primary duty is to safeguard the interests of Texas students, educator certification must be considered a privilege and not a right.

2. SBEC disciplinary sanctions are based on educator conduct that is proved by a preponderance of the evidence, without regard to whether there has been a criminal conviction, deferred adjudication or other type of community supervision, an indictment, or even an arrest. Under the Educators' Code of Ethics, an educator may be sanctioned for conduct underlying a criminal conviction even if the crime is not subject to sanction under the Texas Occupations Code, Chapter 53. An educator may also be sanctioned for conduct underlying a criminal conviction even if the conduct is not specifically listed in 19 TAC §249.16, as long as the conduct renders the educator unworthy to instruct.

3. Because the SBEC recognizes that an educator's good moral character, as defined in 19 TAC §249.3, constitutes the essence of the role model that the educator represents to students both inside and outside the classroom, criminal law, 19 TAC Chapter 247, the Educators' Code of Ethics, and 19 TAC Chapter 249, providing for educator disciplinary proceedings, are merely a minimum base line standard for educator conduct. Active community supervision, as well as conduct that indicates dishonesty, untruthfulness, habitual impairment through drugs or alcohol, abuse or neglect of students and minors, including the educator's own children, or reckless endangerment of the safety of others, may demonstrate that the person lacks good moral character, is a negative role model to students, and does not possess the moral fitness necessary to be a certified educator.

4. "Unworthy to instruct or to supervise the youth of this state," which serves as a basis for sanctions under 19 TAC §249.15(b)(2), is a broad concept that is not limited to the specific criminal convictions that are described in Texas Education Code (TEC), §21.058 and §21.060. The SBEC 19 TAC §249.3(45) definition of "the determination that a person is unfit to hold a certificate under the TEC, Chapter 21, Subchapter B, or to be allowed on a school campus under the auspices of an educator preparation program" predates the adoption of TEC, §21.058 and §21.060, and is based upon the TEC, Chapter 21, Subchapter B, grant of authority to the SBEC to "regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators." As a Texas Court of Civil Appeals ruled in the seminal case of Marrs v. Matthews, 270 S.W. 586 (1925), "unworthy to instruct" "means the lack of 'worth'; the absence of those moral and mental qualities which are required to enable one to render the service essential to the accomplishment of the object which the law has in view." Therefore, the moral fitness of a person to instruct the youth of this state must be determined from an examination of all relevant conduct, is not limited to conduct that occurs while performing the duties of a professional educator, and is not limited to conduct that constitutes a criminal violation or results in a criminal conviction.

5. Educators have positions of authority, have extensive access to students when no other adults (or even other students, in some cases) are present, and have access to confidential information that could provide a unique opportunity to exploit student vulnerabilities. Therefore, educators must clearly understand the boundaries of the educator-student relationship that they are trusted not to cross. The SBEC considers any violation of that trust, such as soliciting or engaging in a romantic or sexual relationship with any student or minor, to be conduct that may result in permanent revocation of an educator's certificate.

6. The SBEC recognizes and considers evidence of rehabilitation with regard to educator conduct that could result in sanction, denial of a certification application, or denial of an application for reinstatement of a certificate, but must also consider the nature and seriousness of prior conduct, the potential danger the conduct poses to the health and welfare of students, the effect of the prior conduct upon any victims of the conduct, whether sufficient time has passed and sufficient evidence is presented to demonstrate that the educator or applicant has been rehabilitated from the prior conduct, and the effect of the conduct upon the educator's good moral character and ability to be a proper role model for students.

State Board for Educator Certification Mission Statement, Core Principles, and Goals

Mission Statement (adopted February 6, 2009)

Ensure the highest level of educator preparation to promote student achievement and to ensure the safety and welfare of Texas school children.

Core Principles (adopted February 6, 2009)

We believe well-prepared educators are essential. We believe high certification standards measured by rigorous and reliable assessments are essential. We believe student success is primary and we must ensure the safety and welfare of Texas school children. We believe flexible and accessible certification programs, held to the same standards of accountability, are essential. We believe stakeholder input is essential and we are accountable to all Texas stakeholders. We believe educators must be held to high standards of ethical conduct. We believe we must continually improve our policies and processes in response to changing needs. We believe we must ensure consistency and effectiveness among educator preparation programs.

Goals (adopted February 6, 2009)

1. The Board will seek the tools and resources to ensure the education, safety and welfare of Texas school children.

2. Monitor and improve the quality and effectiveness of educator preparation programs.

3. Improve the effectiveness and the efficiency of business operations by expanding the use of technology.

Further Information. For more information, contact the SBEC c/o TEA Division of Educator Quality and Standards by mail at 1701 North Congress Avenue, Room 5-100, Austin, Texas 78701; by telephone at (512) 936-8213; by fax at (512) 463-8762; or by email at maggie.heermans@tea.state.tx.us.

TRD-200903204

Cristina De La Fuente-Valadez

Director, Policy Coordination, Texas Education Agency

State Board for Educator Certification

Filed: July 29, 2009

Notice of Deposit to Firemen and Policemen Pension Fund

The City of El Paso's City Manager, Joyce Wilson, certifies that, on July 30, 2009, the City of El Paso deposited $110,000,000 (one hundred ten million dollars) as the second and final installment, to the El Paso Firemen and Policemen Pension Fund in accordance with an agreement between the City and the Fund, pursuant to Article 6243b of Vernon's Civil Statutes as modified by §2.07, Ch 1420, Acts 80th Leg., R.S.

TRD-200903038

Joyce Wilson

City Manager

City of El Paso

Filed: July 23, 2009

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 September 7, 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 September 7, 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: 850 Pine Street, Inc.; DOCKET NUMBER: 2009-0374-AIR-E; IDENTIFIER: RN100225671; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: metal fabrication; RULE VIOLATED: 30 Texas Administrative Code (TAC) §115.247(2) and §122.143(4), Federal Operating Permit (FOP) Number O-01657, General Terms and Conditions (GTC) and Special Condition (SC) Number 5A, and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit the monthly gasoline throughput on an annual basis; 30 TAC §116.115(c) and §122.143(4), FOP Number O-01657, GTC and SC Number 6A, Air Permit Number 56685, SC Number 3, and THSC, §382.085(b), by failing to properly label all permitted sources; 30 TAC §122.143(4) and §122.145(2)(A) - (C), FOP Number O-01657, GTC, and THSC, §382.085(b), by failing to report deviations; and 30 TAC §§122.143(4), 122.145(2)(A) - (C), and 122.146(1), (2), (5)(C)(i) - (v), FOP Number O-01657, GTC and SC Number 8, and THSC, §382.085(b), by failing to timely submit annual compliance certification and deviation reports and include all deviations; PENALTY: $9,575; Supplemental Environmental Project (SEP) offset amount of $3,830 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 899-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Taisseer Al-Aqqad dba Best Food Store; DOCKET NUMBER: 2009-0328-PST-E; IDENTIFIER: RN101543593; LOCATION: Fort Worth, Tarrant 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; PENALTY: $3,021; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: City of Brady; DOCKET NUMBER: 2009-0546-MLM-E; IDENTIFIER: RN101387231, RN104191200; LOCATION: McCulloch County; TYPE OF FACILITY: public water supply (PWS); RULE VIOLATED: 30 TAC §305.125(4) and (5), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0004712000, Permit Conditions Number 2.g. and Operational Requirements Number 1, and the Code, §26.121(a), by failing to prevent an unauthorized discharge of water treatment wastewater; 30 TAC §319.302(b)(3) and (c), by failing to notify appropriate local government officials and the local media as quickly as possible, but not later than 24 hours after becoming aware of an unauthorized discharge of 100,000 gallons or more from the facility; and 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes (TTHM); PENALTY: $3,775; SEP offset amount of $3,775 applied to RC&D - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(4) COMPANY: Chemical Lime, Limited; DOCKET NUMBER: 2009-0223-AIR-E; IDENTIFIER: RN100219856; LOCATION: Clifton, Bosque County; TYPE OF FACILITY: regenerative lime kiln; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c), New Source Review (NSR) Permit Number 8434/PSD-TX-441, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5) COMPANY: CHITTAGONG CORPORATION dba ANB Food Mart; DOCKET NUMBER: 2009-0437-PST-E; IDENTIFIER: RN101675759; LOCATION: Navasota, Grimes County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b)(1)(B), by failing to maintain underground storage tank (UST) records and make them immediately available for inspection; 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)(C) 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)(2)(A) and the Code, §26.3475(a), by failing to provide proper release detection for the pressurized 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 §334.42(i), by failing to inspect all sumps, manways, overspill containers, or catchment basins associated with a UST system; and 30 TAC §334.54(b)(2), by failing to maintain all piping, pump, manways, tank access points, and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $9,532; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 425-6010; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(6) COMPANY: Michael W. Cruce; DOCKET NUMBER: 2009-1035-WOC-E; IDENTIFIER: RN104669486; LOCATION: Gilmer, Upshur County; TYPE OF FACILITY: wastewater operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(7) COMPANY: City of Edgewood; DOCKET NUMBER: 2009-0589-PWS-E; IDENTIFIER: RN101404887; LOCATION: Van Zandt County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4) and (5), TCEQ Agreed Order Docket Number 2005-0843-MLM-E, Ordering Provision Number 4.a., and THSC, §341.0315(c), by failing to comply with the MCL for TTHM and haloacetic acids (HAA5); PENALTY: $2,160; SEP offset amount of $2,160 applied to RC&D - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(8) COMPANY: City of Emory; DOCKET NUMBER: 2009-0485-PWS-E; IDENTIFIER: RN101221406; LOCATION: Emory, Rains County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.43(c)(8), by failing to maintain the facility's storage tanks in strict accordance with current American Water Works Association standards; 30 TAC §290.43(c)(6), by failing to maintain all treatment units, storage and pressure maintenance facilities, and distribution lines and related appurtenances in a watertight condition; 30 TAC §290.46(s)(2), (B)(i), and (C)(i)(ii) and (iii), by failing to use required standards for performing lab equipment calibrations, by failing to calibrate the benchtop turbidimeters with primary standards; by failing to verify the accuracy of manual disinfectant residual analyzers; by failing to calibrate the continuous disinfectant residual analyzers once every 90 days using chlorine solutions of known concentrations, and by failing to check the calibration of the continuous disinfectant residual analyzers; 30 TAC §290.42(f)(1)(C), by failing to provide all chemical bulk storage facilities and day tanks with a device that indicates the amount of chemical remaining in the facility or tank; 30 TAC §290.46(j), by failing to complete a customer service inspection certificate prior to providing continuous water service to new construction; 30 TAC §290.42(f)(1)(E)(ii), by failing to provide adequate containment facilities for all liquid chemical storage tanks; 30 TAC §290.111(e)(3)(B), by failing to continuously monitor and record the turbidity level of the combined filter effluent; 30 TAC §290.42(e)(4)(C), by failing to provide forced air ventilation for enclosures containing more than one operating 150-pound chlorine cylinder; 30 TAC §290.44(h)(1)(A), by failing to install a backflow prevention assembly or an air gap at all residences and establishments where an actual or potential contamination hazard exists; 30 TAC §290.42(d)(11)(F)(iii), by failing to provide a rate of flow of backwash water that is at least 20 inches vertical rise per minute (12.5 gallons per minute (gpm) per square foot) and not more than 35 inches of vertical rise per minute (21.8 gpm per square foot); 30 TAC §290.42(d)(15)(E), by failing to provide facilities to monitor the depth of the sludge blanket; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(m)(1)(A), by failing to conduct annual inspections of the five storage tanks; and 30 TAC §290.42(d)(13), by failing to identify the influent, effluent, waste backwash, and chemical feed lines every five feet either by the use of a label or by various colors of paint; PENALTY: $19,430; SEP offset amount of $19,430 applied to RC&D - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(9) COMPANY: Grand Ranch Treatment Company; DOCKET NUMBER: 2009-0660-MWD-E; IDENTIFIER: RN102344157; LOCATION: Johnson County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013846001, Interim Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total suspended solids (TSS); PENALTY: $1,310; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: City of Granite Shoals; DOCKET NUMBER: 2009-0547-PWS-E; IDENTIFIER: RN101214815; LOCATION: Granite Shoals, Burnet County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the MCL for TTHM; PENALTY: $1,330; SEP offset amount of $1,330 applied to Lower Colorado River Authority's Household Hazardous Waste and Reusable Materials Collection; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(11) COMPANY: Danny J. Dolen dba Green Lake Estates Water Supply; DOCKET NUMBER: 2009-0516-PWS-E; IDENTIFIER: RN104443734; LOCATION: Limestone County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.46(f)(2) and (3)(D)(ii), by failing to compile and maintain records of water works operation and maintenance activities; 30 TAC §290.42(1), by failing to provide a thorough plant operations manual that is kept up-to-date for operator review and reference; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement; 30 TAC §290.46(t), by failing to post a legible sign at each production, treatment, and storage facility that contains the name of the water supply and emergency telephone numbers; 30 TAC §290.43(e), by failing to enclose all water storage tanks and pressure maintenance facilities with an intruder-resistant fence with lockable gates; 30 TAC §290.41(c)(3)(N), by failing to provide the well with a flow measuring device to measure production yields and provide for the accumulation of water production data; and 30 TAC §290.46(v), by failing to ensure that all water system electrical wiring is securely installed in compliance with a local or national electrical code; PENALTY: $1,586; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: Hudspeth County Water Control and Improvement District Number 1; DOCKET NUMBER: 2009-0537-MWD-E; IDENTIFIER: RN102181849; LOCATION: Hudspeth County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013858001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a), by failing to comply with permitted effluent limits for dissolved oxygen, biochemical oxygen demand, TSS, and flow; PENALTY: $8,400; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(13) COMPANY: JELD-WEN, Inc.; DOCKET NUMBER: 2009-0357-AIR-E; IDENTIFIER: RN102549706; LOCATION: Sulphur Springs, Hopkins County; TYPE OF FACILITY: door manufacturing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), Air Permit Number 21189, SC Number 10(c), and THSC, §382.085(b), by failing to maintain emissions at or below the rates listed in the maximum allowable emission rate table for the expanded polystyrene block molder facilities and the glue roll spreaders 1, 2, and 3; and 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization to continue operations; PENALTY: $5,500; SEP offset amount of $2,200 applied to RC&D - Clean School Buses; ENFORCEMENT COORDINATOR: Raymond Marlow, (409) 898-3838; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(14) COMPANY: Richard C. King; DOCKET NUMBER: 2009-1036-WR-E; IDENTIFIER: RN105695639; LOCATION: Van Zandt County; TYPE OF FACILITY: well and pump; RULE VIOLATED: the Code, §11.081 and §11.121, by impounding, diverting, or using state water without a required permit; PENALTY: $350; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(15) COMPANY: Lake Lavon Baptist Encampment; DOCKET NUMBER: 2009-0576-MWD-E; IDENTIFIER: RN101512424; LOCATION: Collin County; TYPE OF FACILITY: church camp with domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number WQ0014192001, Effluent Limitations and Monitoring Requirements B, by failing to measure flow as required by the permit due to weir inadequacies; 30 TAC §319.5(a) and TPDES Permit Number WQ0014192001, Effluent Limitations and Monitoring Requirements B, by failing to collect samples at the location specified by the permit; 30 TAC §319.7(c) and TPDES Permit Number WQ0014192001, Monitoring Requirements 3.c, by failing to maintain adequate pH records; 30 TAC §305.125(5) and TPDES Permit Number WQ0014192001, Special Provisions 4 and 9, by failing to properly maintain the evaporation pond and to obtain certification of the pond liner by a Texas licensed professional engineer; and 30 TAC §319.4 and TPDES Permit Number WQ0014192001, Effluent Limitations and Monitoring Requirements A and B, by failing to conduct sampling and analyses on the parameters specified in the permit; PENALTY: $4,950; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Milwhite, Inc.; DOCKET NUMBER: 2009-0722-AIR-E; IDENTIFIER: RN102540960; LOCATION: Brownsville, Cameron County; TYPE OF FACILITY: raw mineral handling plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number 7537, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted limits; 30 TAC §116.115(c), NSR Permit Number 7537, SC Number 11, and THSC, §382.085(b), by failing to keep the north door of the grinding building closed; 30 TAC §101.4 and §116.115(c), NSR Permit Number 7537, SC Number 12, and THSC, §382.085(a) and (b), by failing to prevent nuisance dust emissions from impacting off property receptors; and 30 TAC §116.115(b)(2)(E)(i) and (c), NSR Permit Number 7537, SC Number 14, and THSC, §382.085(b), by failing to maintain records for a rolling two-year period; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5447, (956) 425-6010.

(17) COMPANY: Monarch Utilities I L.P.; DOCKET NUMBER: 2008-0112-MWD-E; IDENTIFIER: RN102287125; LOCATION: Henderson County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011506001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 3, and the Code, §26.121(a)(1), by failing to comply with permit effluent limits for pH, ammonia nitrogen, chlorine, and five-day carbonaceous biochemical oxygen demand; PENALTY: $10,110; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(18) COMPANY: Possum Kingdom Water Supply Corporation; DOCKET NUMBER: 2009-0719-PWS-E; IDENTIFIER: RN103129076; LOCATION: Palo Pinto County; TYPE OF FACILITY: water treatment plant; RULE VIOLATED: 30 TAC §290.45(b)(2)(B) and (g) and THSC, §341.0315(c), by failing to provide a treatment plant capacity of 0.6 gpm under normal rated design flow, or an established alternative capacity requirement; PENALTY: $275; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Sealy Oil Mill & Feed Company; DOCKET NUMBER: 2009-0573-AIR-E; IDENTIFIER: RN105605117; LOCATION: Sealy, Austin County; TYPE OF FACILITY: feed store; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.0518(a) and §382.085(b), by failing to obtain permit authorization to load and unload grain from two silos; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Juliet Morgan, (512) 239-0735; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(20) COMPANY: Springfield Custom Homes, Inc.; DOCKET NUMBER: 2009-1037-WQ-E; IDENTIFIER: RN105749147; LOCATION: Dallas County; TYPE OF FACILITY: home developer; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: Springfield Custom Homes, Inc.; DOCKET NUMBER: 2009-1038-WQ-E; IDENTIFIER: RN105749337; LOCATION: Dallas County; TYPE OF FACILITY: home developer; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: Springfield Custom Homes, Inc.; DOCKET NUMBER: 2009-1039-WQ-E; IDENTIFIER: RN105748206; LOCATION: Denton County; TYPE OF FACILITY: home developer; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: ST. FRANCIS VILLAGE, INC.; DOCKET NUMBER: 2009-0279-MWD-E; IDENTIFIER: RN102362589; LOCATION: Tarrant County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010612001, Interim Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a), by failing to comply with permit effluent limits for flow and residual chlorine; PENALTY: $6,680; SEP offset amount of $5,344 applied to holding a minimum of two one-day waterway cleanup events surrounding Lake Benbrook for the collection, recycling, and proper disposal of improperly disposed debris and wastes; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: WTG Gas Processing, L.P.; DOCKET NUMBER: 2009-0210-AIR-E; IDENTIFIER: RN100211473; LOCATION: Howard County; TYPE OF FACILITY: natural gas plant; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 20137, SC Number 5, and THSC, §382.085(b), by failing to maintain a minimum sulfur reduction efficiency of 94.0%; PENALTY: $5,850; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.

TRD-200903179

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 28, 2009

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on July 24, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Alan and Yolanda Black dba Black's Construction and Caliche Pit; SOAH Docket No. 582-09-1615; TCEQ Docket No. 2008-1234-MSW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Alan and Yolanda Black dba Black's Construction and Caliche Pit on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.

TRD-200903209

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 29, 2009

List of Late Filers

Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Douglas at (512) 463-5780 or (800) 325-8506.

Deadline: Semiannual Report due July 15, 2008 for Political Action Committees

Marcus Mpwo, African Coalition Political Action Committee, 12401 S. Post Oak Rd., Ste. D, Houston, Texas 77045-2021

Deadline: Personal Financial Statement due April 30, 2009

Jose E. de Santiago, Jr., 15927 Jove St., Houston, Texas 77060

Edward Johnson, 1711 San Jacinto Blvd., Rm. 400, Austin, Texas 78701

Joaquinn L. Rodriguez, 1570 Hillcrest Blvd., Eagle Pass, Texas 78852

Robin D. Sage, P.O. Box 3815, Longview, Texas 75606

William H. Watson, 5310 77th St., Lubbock, Texas 40631

Deadline: Monthly Report due June 5, 2009

Carlos Cardenas, M.D., Border Health PAC, 1210 W. Expressway 83, Ste. 10, Pharr, Texas 78577

TRD-200903049

David A. Reisman

Executive Director

Texas Ethics Commission

Filed: July 23, 2009

Request for Proposals #303-9-12223

The Texas Facilities Commission (TFC), on behalf of the Department of Public Safety (DPS), announces the issuance of Request for Proposals (RFP) #303-9-12223. TFC seeks a 5 year or 10 year lease of approximately 3,546 square feet of office space in the city or immediate vicinity of Katy, Texas.

The deadline for questions is August 21, 2009, and the deadline for proposals is September 4, 2009, at 3:00 p.m. The award date is September 18, 2009. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=84079.

TRD-200903213

Kay Molina

General Counsel

Texas Facilities Commission

Filed: July 29, 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 August 27, 2009, at 1:00 p.m. to receive public comment on the proposed interim per diem Medicaid reimbursement rates for small and large, state-operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) operated by the Texas Department of Aging and Disability Services (DADS).

The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements before such rates are approved by HHSC. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Esther Brown by calling (512) 491-1445, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. As the single state agency for the state Medicaid program, HHSC proposes the following interim reimbursement rates for small and large state-operated ICF/MR facilities operated by DADS:

Small State-Operated ICF/MR Facilities - Proposed interim daily rate: $452.40

Large State-Operated ICF/MR Facilities-Medicaid Only clients - Proposed interim daily rate: $469.88

Large State-Operated ICF/MR Facilities-Dual-eligible Medicaid/Medicare clients - Proposed interim daily rate: $450.30

HHSC is proposing these interim rates so that adequate funds will be available to serve clients in these facilities. The proposed interim rates account for actual and projected increases in costs to operate these facilities. The proposed interim rates will be effective September 1, 2009, if approved.

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodologies codified at Texas Administrative Code (TAC) Title 1 Chapter 355, Subchapter D, §355.456(e), relating to Reimbursement Methodology.

Briefing Package. A briefing package describing the proposed payment rates will be available on August 13, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Esther Brown by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at Esther.Brown@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 Esther Brown, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Esther Brown at (512) 491-1998; or by e-mail to Esther.Brown@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Esther Brown, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200903168

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 27, 2009

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Texas Health and Human Services Commission (HHSC) announces the release of its Intention to Hire Consultant for Information Technology Negotiation Support Services HHSC Procurement #529-10-0021.

The purpose of this procurement is to secure the services of a single, qualified vendor to provide information, advice, and assistance concerning various proposals in Information Technology (IT) negotiations. This qualified vendor will help HHSC improve pricing and terms in IT-related agreements. HHSC has engaged in discussions with Software Contract Solutions. HHSC publishes this notice to determine the existence of any other vendors with this skill set and knowledge base. The requirements for submitting a proposal are published on the HHSC website at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html under HHSC Procurement #529-10-0021. If competing proposals are received, HHSC will base its selection on the criteria set forth in HHSC Procurement #529-10-0021.

HHSC will procure IT-related services utilizing the skills and experience the vendor possesses that relate to licensing trends, specific contracts between vendors and public or private entities, maintenance rates and pricing, risks and exposures and changing technologies and the impacts of these factors on the IT industry and IT contracts. The vendor will assist in identifying cost-savings potential, optimal business terms and additional leverage for HHSC in these types of contracts.

HHSC intends to negotiate a one-year term agreement with the successful vendor with an option for two (2) additional one-year periods. The vendor compensation will be based on an agreed percentage of the value of the savings achieved. The method of calculating that savings is more fully described in the Statement of Work included in HHSC Procurement #529-10-0021. The successful contractor will be expected to begin work on or about August 28, 2009.

HHSC's Sole Point-of-Contact for Procurement #529-10-0021 is Steve R. Bailey, Texas Health and Human Services Commission, 4405 North Lamar Boulevard, Austin, Texas 78756; Telephone: (512) 206-4653; Fax: (512) 206-5475; e-mail: steve.bailey@hhsc.state.tx.us.

All questions regarding this procurement must be sent in writing to the above-referenced contact by 2:00 p.m. Central Time on August 14, 2009. HHSC will post all written questions received with HHSC's responses on its website on August 18, 2009, or as they become available. All proposals must be received at the above-referenced address on or before 4:00 p.m. Central Time on August 21, 2009. Proposals received after this time and date will not be considered.

TRD-200903215

David Brown

Assistant General Counsel

Texas Health and Human Services Commission

Filed: July 29, 2009

Notice of Application by a Small Employer Health Benefit Plan Issuer to be a Risk-Assuming Health Benefit Plan Issuer

Notice is given to the public of the application of the listed small employer health benefit plan issuer to be a risk-assuming health benefit plan issuer under Insurance Code §1501.312. A small employer health benefit plan issuer is defined by Insurance Code §1501.002(16) as a health benefit plan issuer offering, delivering, issuing for delivery, or renewing health benefit plans subject to the Insurance Code, Chapter 1501, Subchapters C - H. A risk-assuming health benefit plan issuer is defined by Insurance Code §1501.301(4) as a small employer health benefit plan issuer that does not participate in the Texas Health Reinsurance System. The following small employer health benefit plan issuer has applied to be a risk-assuming health benefit plan issuer:

Trustmark Life Insurance Company

The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal Division - Nick Hoelscher, 333 Guadalupe, Tower I, Room 920, Austin, Texas.

If you wish to comment on the application of Trustmark Life Insurance Company to be a risk-assuming health benefit plan issuer, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the application and comments and a determination that all requirements of law have been met, the Commissioner or his designee may take final action on the applicant's election to be a risk-assuming health benefit plan issuer.

TRD-200903047

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: July 23, 2009

Funding Available for Local Government, Construction, and Idle Reduction Projects

The North Central Texas Council of Governments (NCTCOG) is now accepting applications for the Heavy-Duty Vehicle and Equipment Grant Program. NCTCOG has partnered with the Texas Commission on Environmental Quality and the U.S. Environmental Protection Agency to implement approximately $10.7 million in clean vehicle and equipment projects in North Central Texas. This call has three focus areas: local government projects, construction equipment projects, and idle-reduction projects including on-board and on-site technology. Projects will be selected on a modified first-come, first-served basis with applications due to NCTCOG offices by 5:00 p.m. each Friday through March 26, 2010 or until funds are fully awarded, whichever occurs first. For more information, visit www.nctcog.org/AQFunding or call (817) 608-2328.

Regulations:

NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.

TRD-200903214

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: July 29, 2009

Pre-Disaster Mitigation and Repetitive Flood Claims Grant Program for Fiscal Year 2010 Announced

The Pre-Disaster Mitigation (PDM) and Repetitive Flood Claims (RFC) for Fiscal Year (FY) 2010 grant application window is open, offering an opportunity to obtain grant funding for projects that mitigate risks from natural hazards.

The State encourages PDM projects that address acquisition and demolition of residences on flood prone properties or the elevation of residences or non-residential properties to reduce flood damage; individual or community safe rooms for tornado and high wind hazards; and localized drainage and flood management projects. A PDM grant may also be used to create or update a local mitigation plan. The RFC program addresses the acquisition or elevation of current National Flood Insurance Program (NFIP) insured properties with repetitive losses.

Eligible applicants are state agencies, local jurisdictions, recognized Indian Tribal governments, state supported colleges/universities and councils of government. Private non-profit agencies are not themselves eligible but may be able to find a local government entity to apply on their behalf. All eligible applicants applying for projects other than mitigation planning grants must have a Federal Emergency Management Administration (FEMA)-approved local mitigation plan in accordance with the 44 CFR 201.6.

To submit an application, a web-based account managed by FEMA is set up through the Governor's Division of Emergency Management (GDEM). The chief elected officer must mail a letter to GDEM requesting access for identified individuals to create and submit an application. Information for requesting e-Grant access and submitting applications can be found at ftp://ftp.txdps.state.tx.us/dem/mitigation/pdm_fy10_guidance.pdf.

The deadline for requesting e-Grant access through GDEM is August 16, 2009. The deadline for submitting an RFC application is October 16, 2009. The deadline for submitting a PDM application is October 30, 2009.

TRD-200903053

Lamar Beckworth

Director

Texas Department of Public Safety

Filed: July 24, 2009

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

The Public Utility Commission of Texas received an application on July 27, 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 37286 before the Public Utility Commission of Texas.

The requested amendment is to expand the service area footprint to include the City Limits of McKinney, 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 (800) 735-2989. All inquiries should reference Project Number 37286.

TRD-200903200

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 28, 2009

The Public Utility Commission of Texas (commission) received an application on July 27, 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 VersaLink Enterprises, LLC for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 37284 before the Public Utility Commission of Texas.

The requested amendment is to expand the service area footprint to include the city limits of Livingston, 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 (800) 735-2989. All inquiries should reference Project Number 37284.

TRD-200903202

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 28, 2009

Notice is given to the public of an application filed with the Public Utility Commission of Texas on July 21, 2009, for designation as a resale eligible telecommunications provider (ETP), pursuant to P.U.C. Substantive Rule §26.419.

Docket Title and Number: Application of Global Connection Inc. of America for Designation as a Resale Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.419. Docket Number 37261.

The Application: The company is requesting Resale ETP designation in order to be eligible to receive funds from the Texas Universal Service Fund for reimbursement of the discounts provided through the Lifeline program. The Company holds Service Provider Certificate of Operating Authority No. 60682.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by August 27, 2009. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 37261.

TRD-200903078

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 24, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 24, 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 one thousand-block of numbers on behalf of its customer, the Presbyterian Hospital of Flower Mound in the 469 NPA, in the Lewisville 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 37280.

The Application: AT&T Texas submitted an application to the PA for the requested NPA/NXX 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 August 8, 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 37280.

TRD-200903198

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 28, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on July 24, 2009, to amend a certificate of convenience and necessity for a proposed transmission line in Childress County, Texas.

Docket Style and Number: Application of AEP Texas North Company to Amend a Certificate of Convenience and Necessity for a 69/138-Kv Transmission Line in Childress County, Texas. Docket Number 37248.

The Application: The application of AEP Texas North Company (TNC) for a proposed transmission line is designated as the Brazos Electric Cooperative, Inc. Henry Substation to AEP TNC Childress 20th Street Substation Transmission Line Project. TNC stated that transmission service reliability to distribution load in the Childress area would be improved by constructing this requested transmission line segment from the Henry Substation to the Childress 20th Street Substation. TNC has also determined that it would be prudent to construct the new transmission line as 138 kV capable with the line initially being operated at 69 kV. The miles of right-of-way for this project will be approximately 0.57 to 0.91 miles (depending on route approved). The estimated date to energize facilities is December 31, 2009.

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 September 7, 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 37248.

TRD-200903197

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 28, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on July 21, 2009, for an amendment to certificated service area boundaries within Real County, Texas.

Docket Style and Number: Joint Application of Pedernales Electric Cooperative, Inc. and Bandera Electric Cooperative, Inc. to amend a Certificate of Convenience and Necessity for Service Area Boundaries within Real County. Docket Number 37259.

The Application: The proposed boundary change is for release of territory from Bandera Electric Cooperative to Pedernales Electric Cooperative so that Pedernales can provide service to Mr. Dean Enright who has requested service from Pedernales Electric Cooperative. Pedernales has existing facilities which are closer and more easily served than with Bandera Electric Cooperative.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than August 14, 2009 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 37259.

TRD-200903170

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 27, 2009

Notice is given to the public of the filing on July 22, 2009, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on or about July 31, 2009.

Docket Title and Number: Application of United Telephone Company of Texas, Inc. d/b/a Embarq for Approval of LRIC Study for Individual Voice Channels with ISDN-PRI Functionality Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 37266.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 37266. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at 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 telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 37266.

TRD-200903079

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 24, 2009

Notice is given to the public of the 2009 annual compliance affidavit proceeding initiated by the Public Utility Commission of Texas (commission) for eligible telecommunications providers (ETP) to attest to the proper use of Texas universal service funds.

Project Title and Number: Annual Compliance Affidavit Attesting to Proper Use of Texas Universal Service Fund Pursuant to PURA §56.030. Project Number 32567.

The Public Utility Commission of Texas initiated this proceeding pursuant to Public Utility Regulatory Act (PURA) §56.030 and P.U.C. Substantive Rule §26.417. PURA §56.030 requires that on or before September 1 of each year, a telecommunications provider that receives disbursements from the TUSF file with the commission an affidavit certifying that the telecommunications provider complies with the requirements for receiving money from the TUSF and requirements regarding the use of money from TUSF program for which the telecommunications provider receives disbursements.

This certification requirement applies to every ETP receiving support from the TUSF. In accordance with PURA §56.030 and P.U.C. Substantive Rule §26.417, each ETP receiving TUSF support must file with the commission a sworn affidavit (using the commission prescribed form) certifying that the provider complies with the requirements for receiving money from the TUSF and the requirements regarding the use of money from each TUSF program for which the provider receives funds.

Therefore, on or before August 31, 2009, carriers designated as ETPs should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989. Persons contacting the commission regarding this certification proceeding should refer to Project Number 32567.

TRD-200903203

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 28, 2009

Notice is given to the public of the 2009 annual certification proceeding initiated by the Public Utility Commission of Texas (commission) for state certification of common carriers as eligible telecommunications carriers (ETC) to receive federal universal service funds (FUSF).

Project Title and Number: Designation of Common Carriers as Eligible Telecommunications Carriers (ETC) to Receive Federal Universal Service Funds Pursuant to the Federal Communications Commission's Fourteenth Report and Order Adopting a State Certification Process. Project Number 24481.

The Public Utility Commission of Texas initiated this proceeding in response to the Federal Communications Commission's (FCC) Fourteenth Report and Order adopting a state certification process. Under §254(e) of the Federal Telecommunications Act (FTA), carriers must use federal universal service support "only for the provision, maintenance, and upgrading of facilities and services for which the support was intended." The FCC concluded that it is appropriate for the state to certify that all federal high-cost funds flowing to carriers within the state of Texas are being used in a manner consistent with FTA §254(e). The commission is required to file such annual certification with the FCC and the Universal Service Administrative Company (USAC) on or before October 1 of each year. Absent such certification, carriers will not receive federal universal service support.

The certification requirement is applicable to all rural carriers and competitive eligible telecommunications carriers seeking high-cost support in the service area of a rural local exchange carrier that the state commission certifies as eligible to receive federal high-cost support during that annual period. In accordance with P.U.C. Substantive Rule §26.418(j), carriers shall certify directly to the commission in the form of a sworn affidavit executed by a corporate officer which certifies that the carrier is complying with the federal requirements for the receipt of FUSF support. All carriers within the state of Texas that request certification by the commission shall submit an affidavit on or before September 1, 2009.

Therefore, on or before September 1, 2009, carriers seeking to be certified should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989. Persons contacting the commission regarding this certification proceeding should refer to Project Number 24481.

TRD-200903205

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 29, 2009

The staff of the Public Utility Commission of Texas (commission) will hold a workshop to discuss issues related to the Commission's present protections for disconnections and issues raised in previous proceedings related to disconnections, on Friday, August 28, 2009, at 10:00 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 36131, Rulemaking Relating to Disconnection of Electric Service and Deferred Payment Plans has been established for this proceeding.

This notice is not a formal notice of proposed rulemaking; however, the comments of persons participating in the workshop will assist the commission in developing policy changes or determining the necessity for amending existing rules or adopting new rules to address severe weather.

Ten days prior to the workshop the commission shall make available in Central Records under Project Number 36131, an agenda for the format of the workshop.

Questions concerning the workshop or this notice should be referred to Christine Wright, Competitive Markets Division, at (512) 936-7376. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200903206

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 29, 2009

Aviation Advisory Committee Meeting

Aviation Advisory Committee

Telephone Conference

August 19, 2009, 3:30 p.m.

Texas Department of Transportation, Aviation Division

150 E. Riverside Drive, South Tower, Conference Room 108

Austin, Texas 78704

Agenda

1. Convene

2. Approval of Aviation Capital Improvement Program (Action Item)

3. Open Comments

4. Adjourn

TRD-200903217

Jack Ingram

Assiciate General Counsel

Texas Department of Transportation

Filed: July 29, 2009

The Texas Department of Transportation (department) will hold a public hearing on Wednesday, August 26, 2009 at 10:00 a.m. at the Texas Department of Transportation, 200 East Riverside Drive, Room 1A-2, Austin, Texas to receive public comments on the August Quarterly 2009 Revisions to the Statewide Transportation Improvement Program (STIP) for FY 2008-2011. The STIP reflects the federally funded transportation projects in the FY 2008-2011 Transportation Improvement Programs (TIPs) for each Metropolitan Planning Organization (MPO) in the state. The STIP includes both state and federally funded projects for the nonattainment areas of Beaumont, Dallas-Fort Worth, El Paso, and Houston. The STIP also contains information on federally funded projects in rural areas that are not included in any MPO area, and other statewide programs as listed.

Title 23, United States Code, §134 and §135 require each designated MPO and the state, respectively, to develop a TIP as a condition to securing federal funds for transportation projects under Title 23 or the Federal Transit Act (49 USC §5301, et seq.).

Section 134(j) requires an MPO to develop its TIP in cooperation with the state and affected transportation operators, to provide an opportunity for interested parties to participate in the development of the program, and further requires the TIP to be updated at least once every four years and approved by the MPO and the Governor or Governor's designee. Section 135(g) requires the state to develop an STIP for all areas of the state in cooperation with the designated MPOs and, with respect to non-metropolitan areas, in consultation with affected local officials, and further requires an opportunity for participation by interested parties as well as approval by the Governor or the Governor's designee.

In accordance with 43 TAC §15.8(d), a copy of the proposed August Quarterly 2009 Revisions to the FY 2008-2011 STIP will be available for review, at the time the notice of hearing is published, at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, and on the department's website at:

www.txdot.gov

Persons wishing to review the August Quarterly 2009 Revisions to the FY 2008-2011 STIP may do so online or contact the Transportation Planning and Programming Division at (512) 486-5033.

Persons wishing to speak at the hearing may register in advance by notifying Lori Morel, Transportation Planning and Programming Division, at (512) 486-5033 not later than Tuesday, August 25, 2009, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Government and Public Affairs Division, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-9957. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate the needs.

Further information on the FY 2008-2011 STIP may be obtained from Lori Morel, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704, (512) 486-5033. Interested parties who are unable to attend the hearing may submit comments to James L. Randall, P.E., Director, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by Monday, September 21, 2009 at 4:00 p.m.

TRD-200903048

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: July 23, 2009

Notice of Intent to Amend and Extend Consulting Contract

The University of North Texas System ("UNT System") intends to extend and amend a contract for consulting services related to federal government relations. The consulting services have been provided by Congressional Solutions, Inc. under a contract with an initial term beginning September 5, 2008, and ending August 31, 2009. The contract provides that UNT System may, in its sole option, extend the term of the contract for up to two additional periods of twelve months each. UNT System intends to extend the term of the contract through August 31, 2011.

In addition to the extension, at this time it is necessary for UNT System to amend its contract with Congressional Solutions, Inc. Additional compensation for consultant is necessary in order to more accurately reflect the value of the services provided. The amendment will increase the monthly fee payment from $13,000 to $15,000.

As required by Chapter 2254 of the Texas Government Code, prior to amending and extending its contract with Congressional Solutions, Inc., UNT System is posting this Notice of Intent to Amend and Extend the Consulting Contract, and hereby extends this invitation to qualified and experienced consultants interested in providing the consulting services described in this notice.

Scope of Work:

The federal government relations consulting firm will assist UNT System and its member institutions in: developing and executing a government relations strategy to attract support for research facilities, equipment, technology, and programs through federal initiatives pertaining, but not limited to, the United States Congress, federal agencies, and related entities; evaluating research resources, developing concepts and themes for agreed upon research initiatives, developing objectives and strategies in presenting opportunities to utilize the available resources of UNT Institutions for existing and new initiatives, formulating strategies and timetables for presentation of research initiatives, assisting in preparation of supporting documentation, coordinating meetings with pertinent representatives and their staff, serving as a liaison to all federal entities, and preparing testimony for presentation; developing legislative and other strategies; and monitoring and reporting on government and other programs relevant to research initiatives and other areas of interest to UNT System and UNT Institutions.

How to Respond; Submittal Deadline:

To respond to this invitation, consultants must submit the information requested in the Specifications section of this invitation and any other relevant information in a clear and concise written format to: Carrie Stoeckert, Assistant Director of PPS, University of North Texas, 1155 Union Circle #310499, Denton, Texas 76203-5017 (2310 North Interstate 35-E, Denton, Texas 76201). Offers must be submitted in an envelope or other appropriate container and the name and return address of the consultant must be clearly visible. All offers must be received at the above address no later than 2:00 p.m. CST August 25, 2009. Submissions received after the submittal deadline will not be considered.

Specifications:

Any consultant submitting an offer in response to this invitation must provide the following: (1) the consultant's legal name, type of entity (individual, partnership, corporation, etc.), and address; (2) background information regarding the consultant, including the number of years in business and the number of employees; (3) information regarding the qualifications, education, and experience of the team members proposed to conduct the requested services; (4) the monthly fee to be charged for providing the services and any applicable hourly rate for any team member providing services; (5) the earliest date by which the consultant could begin providing the services; (6) a list of five client references, including any complex institutions or systems of higher education for which the consultant has provided similar consulting services; (7) a statement of the consultant's approach to providing the services described in the Scope of Work section of this invitation, any unique benefits the consultant offers UNT System, and any other information the consultant desires UNT System to consider in connection with the consultant's offer; (8) information to assist UNT System in assessing the consultant's demonstrated competence and experience providing consulting services similar to the services requested in this invitation; (9) information to assist UNT System in assessing the consultant's experience performing the requested services for other complex institutions or systems of higher education; (10) information to assist UNT System in assessing whether the consultant will have any conflicts of interest in performing the requested services; (11) information to assist UNT System in assessing the overall cost to UNT System; and (12) information to assist UNT System in assessing the consultant's capability and financial resources to perform the requested services.

Selection Process:

The consulting services sought herein relate to services previously provided to UNT System by Congressional Solutions, Inc. UNT System intends to amend and extend its contract with Congressional Solutions, Inc. unless a better offer, as determined by UNT System in its sole discretion, is received in response to this invitation.

The successful offer must be submitted in response to this invitation no later than the submittal deadline and will be the offer that is the most advantageous to UNT System in UNT System's sole discretion. Offers will be evaluated by UNT System and member institution personnel. The evaluation of offers and the selection of the successful offer will be based on information provided to UNT System by the consultant in response to the Specifications section of this invitation. Consideration may also be given to any additional information and comments if such information or comments increase the benefits to UNT System. The successful consultant will be required to enter into a contract acceptable to UNT System.

Finding by Chancellor:

The Chancellor of UNT System finds that the consulting services are necessary because UNT System does not have the specialized experience or the staff resources available in Washington, D.C. to support existing and proposed programs of UNT System and its member institutions. UNT System believes that such expert consulting services will be cost effective by expanding federal investment in research, teaching, and related programs in Texas throughout UNT System's member institutions.

Questions:

Questions concerning this invitation should be directed to: Carrie Stoeckert, Assistant Director of Purchasing, University of North Texas, via e-mail carries@unt.edu or phone (940) 565-3203. UNT System may in its sole discretion respond in writing to questions concerning this invitation. Only UNT System's responses made by formal written addenda to this invitation shall be binding. Oral or other written interpretations or clarifications shall be without legal effect.

TRD-200903193

Carrie Stoeckert

Assistant Director of PPS

University of North Texas System

Filed: July 28, 2009

Reposting of Request for Proposals

RFP ISSUE DATE: July 27, 2009

PROPOSALS DUE: September 1, 2009

Notice: THIS IS A REPOSTING of the Request for Proposals (RFP) issued on July 1, 2009 and published in July 17, 2009, issue of the Texas Register (34 TexReg 4793); with proposals due July 15, 2009. Any bidder, who previously posted can renew its continued interest merely by emailing that interest to Melissa.dix@tsus.edu. No additional materials will be required.

The Texas State University System (System) solicits responses to this RFP from law firms interested in providing outside counsel services in the intellectual property are to the System and its component institutions for a one year renewable contract. The System may extend the agreement for these services for an additional period of up to 12 months. Based upon consideration of the responses to this RFP, the System may select one or more firms with which to contract for intellectual matters. The time and number of contracts resulting from this RFP and all procedures relating to such contracts are within the discretion of the System, contingent upon approval of the Office of the Attorney General.

It is the policy of the System to make a good faith effort to include participation of Historically Underutilized Businesses (HUB) certified firms in its contracts. A "HUB" is a for profit business that meets the requirements of Texas Government Code, Chapter 2161 and administrative rules of the Texas Comptroller of Public Accounts in 34 TAC Chapter 20, Subchapter B. In order to comply with the System's HUB policy, the System may select, from firms responding to this RFP, one or more firms to serve as intellectual property counsel.

THE SYSTEM

The System was created by the Texas Legislature in 1911; its institutional components include Lamar University, Sam Houston State University, Sul Ross State University (including Sul Ross Rio Grande College), Texas State University - San Marcos, Lamar Institute of Technology, Lamar State College - Orange, and Lamar State College - Port Arthur.

The System is governed by a nine-member Board plus one non-voting student regent. Regents are appointed by the Governor with consent of the Senate for six-year, staggered terms. The student regent is appointed by the Governor for a one-year term. The current members of the Board are: Ron Blatchley, Chairman; Trisha S. Pollard, Vice Chairman; Charlie Amato, Michael J. Truncale, Kevin Lilly, David Montagne, Ron Mitchell, Greg Wilkinson, and Donna Williams. The current student regent is William Patterson. Charles R. Matthews is Chancellor of the Texas State University System.

SCOPE OF SERVICES

Responses to this RFP should be based upon performance, under the direction of the Vice Chancellor and General Counsel, of the following tasks:

(1) Assisting in making presentations and required submissions and obtaining approval of patents and other intellectual property.

(2) Preparing resolutions, agreements, contracts, and other documents to which the System is a party and which will be necessary in connection with the issuance of patents.

(3) Attending meetings as requested.

(4) Preparing patents, licensing agreements, and other such documents.

(5) Representing the System and its component institutions in presentations and proceedings involving patent applications.

(6) Rendering advice to the System and its component institutions on intellectual property matters.

(7) Assisting on other matters necessary or incidental to the intellectual property operations of the System and its component institutions.

Contract(s) resulting from this RFP shall be in the form provided by the Office of the Attorney General. With the approval of the Attorney General's office, a contract may include the following sentence: "This contract does not include litigation or contested case services." No other provision relating to the exclusion of services will be accepted.

SCHEDULE OF EVENTS

The System anticipates that the intellectual counsel RFP process will proceed in accordance with the following schedule:

July 27, 2009 - RFP Issued

September 1, 2009 - DEADLINE FOR SUBMISSION OF PROPOSALS (2:00 p.m.)

Evaluation Completed by September 18, 2009

Selection of firm(s) September 30, 2009

The System reserves the right to change this schedule. Notice of any changes will be posted on the System's website www.tsus.edu.

FORM OF RESPONSE

1. Overview of the Firm

Provide a brief description of your firm, including the total number of attorneys and employees, the number of attorneys practicing in the intellectual property area, and the number of years the firm has been engaged in such practice in Texas. Explain how your firm is organized and how its resources will be applied to the System's work.

2. Qualifications

Provide a brief narrative updating your firm's work since JANUARY 2006 assisting higher education clients with intellectual property work.

3. Resumes

Provide resumes of those persons who would be assigned to serve the System, and indicate specifically the proposed role of each individual. The resumes must clearly specify the number of years the attorney has been licensed to practice law in Texas, and/or other jurisdiction, and the number of years experience in intellectual property work. Further, identify who would be assigned as the primary, day-to-day contact for the System.

4. Business Practices

A. Participation of minorities and women.

(1) Describe your previous experience and involvement working with HUB certified firms (if your firm is not HUB certified) or as a HUB certified firm in a co-bond counsel relationship. Please describe your firm's approach to working with co-bond counsel, including level of effort, division of duties and providing opinions.

(2) Describe efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and bond matters in particular. Specify whether the firm has adopted formal Equal Employment Opportunity and Affirmative Action policies, and provide a summary of the firm's hiring and promotion statistics for women and minority attorneys from January 2006 to date. Complete the grid describing workforce composition of your firm, which is attached as Exhibit B, and return it as part of your proposal. Exhibit B is posted on the Texas State University System website at www.tsus.edu.

5. Conflicts of Interest

Please disclose any actual or potential conflicts of interest. In addition, identify each matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the System or to State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials.

6. References

Please provide names, addresses, and phone numbers of three references.

PROPOSAL MODIFICATION

Any response to this RFP may be modified or withdrawn at any time prior to the proposal due date. No changes will be allowed after the expiration of the proposal due date. The System reserves the right to make amendments to the RFP by giving written notice to all firms who receive the RFP or posting notice thereof as indicated in the RFP Notice published at www.tsus.edu.

TIME SCHEDULE AND SUBMISSION DIRECTIONS

Proposals are due no later than 2:00 p.m., September 1, 2009. Proposals may be submitted electronically or by mail. If you submit your proposal electronically, email it to: melissa.dix@tsus.edu and enter the phrase PROPOSAL - OUTSIDE COUNSEL in the subject line of the email message. If you submit your proposal by mail, please mail four (4) copies to: Fernando Gomez, Vice Chancellor and General Counsel, Texas State University System, 200 E. 11th Street, Suite 600, Austin, Texas 78701. Additional information may be found at www.tsus.edu regarding Exhibit B.

If you submit your proposal by mail, mark the outside of the envelope or shipping container as "PROPOSAL - OUTSIDE COUNSEL." All proposals become the property of the System. Proposals must set forth accurate and complete information as required by this RFP. Oral instructions or offers will not be considered. Contact with Board Members, System or component institution officials regarding this RFP is expressly prohibited and will result in disqualification of your firm from consideration.

The System's staff will review the proposals.

CONTRACT FORMATION AND CONTRACT ADMINISTRATION INFORMATION

The System has the sole discretion and reserves the right to reject any and all responses to this RFP and to cancel the RFP if it is deemed in the best interest of the System to do so. Issuance of this RFP in no way constitutes a commitment by the System to award a contract or to pay for any expenses incurred either in the preparation of a response to this RFP or in the production of a contract for legal services Firms responding must maintain a Texas office staffed with personnel who are responsible for providing legal services to the System.

In accordance with Texas Government Code, §1201.027 and §2254.004, the System will evaluate responses to this RFP to identify the firm it judges to be the most highly qualified. Fees may not be considered and may not be indicated in responses to this RFP. The System will then attempt to negotiate a contract at a fair and reasonable price with such firm(s) deemed to be most highly qualified. If a satisfactory contract cannot be negotiated, the System will proceed with another firm.

The System reserves the right to negotiate all elements of the contract for legal services and to approve all personnel assigned to the System's work. If personnel assignments are to be changed, the firm will have to submit resumes of the to-be assigned attorneys and their addition to the contract will be subject to the System's approval.

Further, the System reserves the right to terminate a resulting contract for legal services, for any reason, subject to thirty (30) days prior written notice, and upon payment of earned fees and expenses accrued as of the date of termination.

Any contract resulting from this RFP must be approved by the General Counsel Division of the Office of the Attorney General.

COST INCURRED IN RESPONDING

All costs directly or indirectly related to preparation of a response to this RFP or any supplemental information required to clarify your original response shall be the sole responsibility of, and shall be borne by, your firm.

RELEASE OF INFORMATION AND OPEN RECORDS

Information submitted in response to this RFP shall not be released by the System during the proposal evaluation process. After the evaluation process is completed as determined by the Board, all proposals and the information contained therein may be subject to public disclosure under the public information act, Texas Government Code, Chapter 552.

EXHIBIT B

The Texas State University System will not participate in any programs, nor will it conduct business, with any entity that is found to knowingly discriminate against persons on the basis of race, color, gender, age, national origin, religion, physical or mental disability.

TRD-200903169

Fernando Gomez

General Counsel

Texas State University System

Filed: July 27, 2009

Notice of Request for Proposals for Internal Auditing Services Contract

In accordance with the provisions of Chapter 2254, Texas Government Code, the Texas Veterans Commission (Commission) is soliciting proposals from qualified individuals or organizations to enter into a contract for internal auditing services which will enable the Commission to comply with the Texas Internal Auditing Act, V.T.C.S, Texas Government Code, Chapter 2102.

The role of the internal auditor will be to provide to the Commission comprehensive audit services, including recommendations for improvement on key internal agency programs. The results of the audits will provide the agency information needed for program management, implementation of changes, improvement of internal program processes and improvement of services.

Contact: The Commission will also make the Request for Proposals (RFP) available electronically on the Electronic State Business Daily website on August 11, 2009 at 8:00 a.m. The web site address is esbd.cpa.state.tx.us. All written inquiries must be received by the Commission (contact information provided in the RFP) prior to 5:00 p.m., CST on August 28, 2009. Questions received after this time and date will not be considered.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP.

Closing Date: Proposals must be received the Commission (contact information provided in the RFP) no later than 5:00 p.m. CST, on September 4, 2009. Proposals received after this time and date will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation based on the evaluation criteria set forth in the RFP. The Commission will make the final decision.

The Commission reserves the right to accept or reject any or all proposals submitted. The Commission is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits the Commission to pay for any costs incurred prior to the execution of a contract.

Anticipated Schedule of Events: Issuance of RFP - August 11, 2009; Questions Due - August 28, 2009, 5:00 p.m. CST; Proposals Due - September 4, 2009, 5:00 p.m. CST; Contract Execution - October 2009; Commencement of Work - October 2009.

TRD-200903050

Tina M. Carnes

General Counsel

Texas Veterans Commission

Filed: July 23, 2009

Request for Applications for Grants under the FEMA Severe Repetitive Loss Program

The Texas Water Development Board (Board), as administrator of the Severe Repetitive Loss (SRL) Program on behalf of the Federal Emergency Management Agency (FEMA), requests the submission of applications leading to the possible award of SRL Program Grants from communities within the State with the legal authority to mitigate the impacts of flooding, and which participate in the National Flood Insurance Program (NFIP), in accordance with FEMA policy and regulations set forth in Title 44 of the Code of Federal Regulations (CFR) Part 79 (44 CFR 79). A community is defined as (a) a political subdivision, including any Indian tribe or authorized native organization, that has zoning and building code jurisdiction over a particular area having special flood hazards, and which is participating in the NFIP, or (b) a political subdivision or other authority that is designated to develop and administer a mitigation plan by political subdivisions, all of which meet the requirements of (a). Eligible applicants from any area of the state may submit applications for SRL Program Grants. Eligible applicants for SRL Program Grants must have a FEMA approved Hazard Mitigation Action Plan.

Description of SRL Program Purpose and Objectives. The purpose of the SRL Program is to reduce or eliminate the risk of flood damage to severe repetitive loss residential structures insured under the NFIP. An SRL property is defined by FEMA as a residential property that is covered under an NFIP flood insurance policy and: a) has at least four NFIP claim payments (including building and contents) of over $5,000 each, and the cumulative amount of such claims exceeding $20,000; or b) at least two separate claims (building payments only, excluding claims for contents losses) with cumulative claims exceeding the market value of the structure. For both a) and b), at least two of the referenced claims must have occurred within any ten-year period, and must be greater than ten days apart. The long-term goal of the SRL Program is to reduce or eliminate claims under the NFIP. The SRL Program will provide funding assistance for eligible flood mitigation projects which will result in the greatest savings to the National Flood Insurance Fund in the shortest period of time, based on a Benefit-Cost Ratio using FEMA approved methodology to conduct the Benefit-Cost Analysis. Mitigation projects that are funded under SRL program are acquisitions/demolition or relocation; elevation of existing structures; Mitigation reconstruction up to $150,000 federal share (only the SRL grant program); dry flood proofing; and minor localized flood reduction projects.

Description of Funding Considerations. The SRL Program is subject to the availability of federal funding, as well as any directive or restriction made with respect to such funds. The available state wide allocated amount for Federal Fiscal Year 2010 is expected to be about $20,000,000. These grants all require a 10 percent local match, of which any part or all may be in the form of in-kind services. There are no award limits or project limits associated with grant requests for the SRL Program.

Consultation with the Property Owner. The consultation process is a required notification and information gathering process which is conducted by the applicant prior to the submittal of the application. The applicant will consult with the property owner on project activity types, estimated costs, and insurance implications, as well as, the property owner's right to appeal. The applicant should be clear to the property owner that the consultation does not represent a formal offer of mitigation assistance. In addition, as part of the consultation process, each interested property owner should sign documentation of Notice of Voluntary Participation which will be provided by the applicant as part of the application submittal.

Deadline, Review Criteria and Contact Person for Additional Information. Following the consultation process, the applicant is required to submit applications electronically through FEMA's web-based Electronic Grants Management System (eGrants). Applicants must request access into the eGrants system. Access requests should be directed to Ms. Kathy Hopkins at (512) 463-6198, or by e-mail to kathy.hopkins@twdb.state.tx.us. Deadline for submitting applications to the Board for SRL Program Grant funds is 5:00 p.m., October 15, 2009. Applications will be evaluated according to federal rules and guidance. For additional information concerning the SRL Program, current program guidance, and links to federal rules, go to http://www.twdb.state.tx.us/wrpi/flood/srl.htm or www.fema.gov/government/grant/srl/index. For additional information on FEMA's eGrant system, go to www.fema.gov/government/grant/egrants. Final awards for grant funding will be as approved by FEMA.

TRD-200903178

Kenneth L. Petersen

General Counsel

Texas Water Development Board

Filed: July 28, 2009

The Texas Water Development Board (Board), as administrator of the Severe Repetitive Loss (SRL) Program on behalf of the Federal Emergency Management Agency (FEMA), requests the submission of applications leading to the possible award of SRL Program Grants from communities within the State with the legal authority to mitigate the impacts of flooding, and which participate in the National Flood Insurance Program (NFIP), in accordance with FEMA policy and regulations set forth in Title 44 of the Code of Federal Regulations (CFR) Part 79 (44 CFR 79). A community is defined as (a) a political subdivision, including any Indian tribe or authorized native organization, that has zoning and building code jurisdiction over a particular area having special flood hazards, and which is participating in the NFIP, or (b) a political subdivision or other authority that is designated to develop and administer a mitigation plan by political subdivisions, all of which meet the requirements of (a). Eligible applicants from any area of the state may submit applications for SRL Program Grants. Eligible applicants for SRL Program Grants must have a FEMA approved Hazard Mitigation Action Plan.

Description of SRL Program Purpose and Objectives. The purpose of the SRL Program is to reduce or eliminate the risk of flood damage to severe repetitive loss residential structures insured under the NFIP. An SRL property is defined by FEMA as a residential property that is covered under an NFIP flood insurance policy and: a) has at least four NFIP claim payments (including building and contents) of over $5,000 each, and the cumulative amount of such claims exceeding $20,000; or b) at least two separate claims (building payments only, excluding claims for contents losses) with cumulative claims exceeding the market value of the structure. For both a) and b), at least two of the referenced claims must have occurred within any ten-year period, and must be greater than ten days apart. The long-term goal of the SRL Program is to reduce or eliminate claims under the NFIP. The SRL Program will provide funding assistance for eligible flood mitigation projects which will result in the greatest savings to the National Flood Insurance Fund in the shortest period of time, based on a Benefit-Cost Ratio using FEMA approved methodology to conduct the Benefit-Cost Analysis. Examples of projects that could be funded under the SRL grant program are acquisitions/demolition or relocation; elevation of existing structures; dry flood proofing; and minor localized flood reduction projects.

Description of Funding Considerations. FEMA has recently notified the TWDB of the re-opening of the SRL grant program for Federal Fiscal Year 2009 (FY 09) starting June 1, 2009. There is a substantial amount of funds remaining in the FY 09 SRL programs and the objective is to leave the application period open until all funds are awarded. Applications will be reviewed and forwarded to FEMA as they are submitted in order to take advantage of these funds. Once the funds have been fully appropriated, FEMA will close the application period. This grant require a 10 percent local match, of which not more than one-half may be in the form of in-kind services. There are no award limits associated with grant requests for the SRL Program.

Consultation with the Property Owner. The consultation process is a required notification and information gathering process which is conducted by the applicant prior to the submittal of the application. The applicant will consult with the property owner on project activity types, estimated costs, and insurance implications, as well as, the property owner's right to appeal. The applicant should be clear to the property owner that the consultation does not represent a formal offer of mitigation assistance. In addition, as part of the consultation process, each interested property owner should sign documentation of Notice of Voluntary Participation which will be provided by the applicant as part of the application submittal.

Deadline, Review Criteria and Contact Person for Additional Information. Following the consultation process, the applicant is required to submit applications electronically through FEMA's web-based Electronic Grants Management System (eGrants). Applicants must request access into the eGrants system. Access requests should be directed to Ms. Kathy C. Hopkins at (512) 463-6198, or by e-mail to kathy.hopkins@twdb.state.tx.us. The application should be submitted as soon as possible as the funds will only be available until the funds are fully appropriated. Deadline for submitting applications to the Board for FMA Planning and/or Project Grant funds is 5:00 p.m., October 15, 2009. Applications will be evaluated according to federal rules and guidance. For additional information concerning the SRL Program, current program guidance, and links to federal rules, go to www.fema.gov/government/grant/srl/index. For additional information on FEMA's e-grant system, go to www.fema.gov/government/grant/egrants. Final awards for grant funding will be as approved by FEMA.

TRD-200903183

Kenneth L. Petersen

General Counsel

Texas Water Development Board

Filed: July 28, 2009

The Texas Water Development Board (Board), as administrator of the Flood Mitigation Assistance (FMA) Program on behalf of the Federal Emergency Management Agency, requests the submission of applications leading to the possible award of FMA Planning Grants and Project Grants from communities within the State with the legal authority to plan for and mitigate the impacts of flooding, and which participate in the National Flood Insurance Program (NFIP), in accordance with FEMA policy and regulations set forth in Title 44 of the Code of Federal Regulations (CFR) Part 79 (44 CFR 79). A community is defined as (a) a political subdivision, including any Indian tribe or authorized native organization, that has zoning and building code jurisdiction over a particular area having special flood hazards, and which is participating in the NFIP, or (b) a political subdivision or other authority that is designated to develop and administer a mitigation plan by political subdivisions, all of which meet the requirements of (a). Eligible applicants from any area of the State may submit applications for FMA Program Planning and Project grants. Eligible applicants for FMA Project Grants must have a FEMA approved Mitigation Action Plan.

Description of FMA Program Purpose and Objectives. The purpose of the FMA Program is to provide Planning and Project grants to develop or update Flood Mitigation Plans for their planning area, and for implementing flood mitigation projects. Examples of projects that could be funded under FMA are acquisitions/demolition or relocation; elevation of existing structures; dry flood proofing; and minor localized flood reduction projects. The overall goal of the program is to fund cost-effective measures that reduce or eliminate the long-term risk of flood damage to buildings, manufactured homes, and other NFIP-insurable structures. Specific goals include reducing the number of repetitively or substantially damaged structures and associated claims under the NFIP and encouraging long-term comprehensive mitigation planning.

Description of Funding Considerations. The available allocated amounts for Federal Fiscal Year 2010 are expected to be $250,000 for Planning Grants and $2,892,400 for Project Grants. These grants all require a 25 percent local match, of which not more than one-half (12.5 percent) may be in the form of in-kind services. No award for a Planning Grant may exceed $50,000, and no single community may receive more than one Planning Grant per 5-year period. In addition, there is a $3,300,000 limit for the total amount of Project Grant funds to any single community over a five-year period.

Deadline, Review Criteria and Contact Person for Additional Information. It is required that applications be submitted electronically through FEMA's web-based Electronic Grants Management System (eGrants). Applicants must request access into the eGrants system. Access requests should be directed to Mr. Gilbert Ward at (512) 463-6418, or by e-mail to gilbert.ward@twdb.state.tx.us. Deadline for submitting applications to the Board for FMA Planning and/or Project Grant funds is 5:00 p.m., October 15, 2009. Applications will be evaluated according to rules provided in 31 TAC Chapter 368, see http://info.sos.state.tx.us/pls/pub/readtac$ext.viewtac (Title 31, Part 10). For additional information on the FMA Program, go to http://www.twdb.state.tx.us/wrpi/flood/fma.htm or www.fema.gov/government/grant/fma/index. Go to www.fema.gov/government/grant/egrants for additional information on FEMA's eGrant system. Final awards for grant funding will be as approved by FEMA.

TRD-200903180

Kenneth L. Petersen

General Counsel

Texas Water Development Board

Filed: July 28, 2009